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Terms of Service for Car Database API Hosted Webservice

CarDatabaseAPI.com ("Car Database API") provides Car Database API Hosted Webservice (defined below) to you subject to the following conditions. This is a legal agreement between you and Car Database API. In consideration of Car Database API allowing you to use Car Database API Hosted Webservice and by accessing Car Database API Hosted Webservice you agree to be bound by the terms of this agreement ("Agreement").

1. Definition of Car Database API Hosted Webservice

Car Database API Hosted Webservice consist of all services and information made available by Car Database API via the Internet, including the CarDatabaseApi.com web site, the Car Database API web service, and any other properties not covered by separate agreements.

2. Grant of License

You are granted a limited, revocable, nonexclusive license to use any data, images, text, content, tools or other information (collectively referred to as the "Car Database API Properties") received via Car Database API Hosted Webservice in accordance with the terms and conditions described herein. You agree that you will provide accurate information when signing up for a Car Database API Hosted Webservice account. Car Database API retains all rights not expressly granted by this Agreement.

You may only use Car Database API Hosted Webservice and the Car Database API Properties as follows:

a. Human Interactive Use. You may interact with Car Database API Services as a human being in a non-automated fashion.

b. Automated Use. You may write an application that interfaces automatically with Car Database API Hosted Webservice provided that you obtain and use a Car Database API Services account and that you do not exceed the following usage limits without explicit, prior authorization from Car Database API:

1. No more than 300 HTTP requests every minute

2. No more than 10 HTTP requests outstanding (pending) at a time

If you build and distribute an application that uses Car Database API Hosted Webservice, the same limitations apply to the collective behavior of all installed copies of the application.

c. No Abuse. You may not use Car Database API Hosted Webservice for abusive purposes, nor may the you use Car Database API Hosted Webservice from applications designed to abuse computer resources accessible through any network—local, wide-area, or internet. Car Database API does not collect your queries information and is not responsible for any potential abuse stemming from your client application. Abuse includes but is not limited to: unauthorized data mining, denial of service attacks, unauthorized computer system incursions, and any actions that violate applicable laws or regulations. You may not use Car Database API Hosted Webservice in any manner that could damage, disable, overburden, or impair Car Database API Hosted Webservice (or the network(s) connected to Car Database API Hosted Webservice) or interfere with any other party's use and enjoyment of Car Database API Hosted Webservice. You may not attempt to gain unauthorized access to Car Database API Hosted Webservice, other accounts, computer systems or networks connected to Car Database API Hosted Webservice, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Car Database API through Car Database API Hosted Webservice.

d. Car Database Data. Car Database API Hosted Webservice provide Car Database data obtained from other parties (collectively referred to as the "Source").

1. Intellectual Property. The Car Database data obtained through Car Database API Hosted Webservice may be the intellectual property of the Source. You must use the Car Database data in compliance with restrictions set by the Source. Where the terms of use set by the Source and the terms of this Agreement disagree, the more restrictive terms will apply. (The Source usually sends its terms with the Car Database data or posts them on its web site.)

2. Data usage. You may not use Car Database contact information obtained through Car Database API Hosted Webservice to for any usage where prohibited by applicable law. If you use Car Database data from Car Database API Hosted Webservice in your own application or service, you agree not to allow your users to use the Car Database contact information to in a manner that voilates applicable law. In any case, Car Database API does not collect or analyze your query, you must be responsible for complying with all regulations and laws.

3. Display and Transfer. Car Database API Hosted Webservice provide Car Database data primarily for your internal use. You may display to third parties up to ten (10) fields parsed from any given Car Database record. You may also display complete records that are raw and unparsed, i.e., in the same form that Car Database API received them from the Source. You may also use parsed data internally in applications or services that you provide to third parties. Except in the aforementioned cases, you agree not to transfer or sell parsed Car Database data to third parties. "Parsed data" refers to specific data fields separated from the original record. Examples of such fields include, but are not limited to, registrant name, postal address, postal code, country code, phone number, and email address.

e. No Resale or Sublicensing. Except as allowed above, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, sublicense, transfer, assign, rent, sell or otherwise convey any information, software, products or services obtained from Car Database API Hosted Webservice or Car Database API Properties without prior written consent from Car Database API. You may not allow other parties to use your Car Database API Hosted Webservice account or login credentials.

3. Monitoring

You understand and agree that Car Database API may monitor your use of Car Database API Hosted Webservice to ensure compliance with the terms of this Agreement and to ensure proper function of Car Database API Hosted Webservice.

4. Uptime

Car Database API Webservice's historic uptime has been 99.9% over the past year. It is Car Database API's goal to maintain an uptime of 99.9% or greater. You understand and agree that service outtage can occur due to unexpected reasons, in which case Car Database API will restore service in a reasonable and timely fashion. Car Database API is not responsible for any loss as a result of service outtage.

5. Response Time

You understand and agree that Car Database API Webservice's response time can vary depending on many factors including server load, network latency, and technical reasons. Response time can be as low as 300 ms or much longer due to specified reasons above. A "typical" average response time is about 1 second.

6. Response Data validity

You understand and agree that Data returned by Car Database API Webservice undergo a sequence of backend processes and gets parsed by our intelligent parse system which is constantly improving. Given the freeform nature of Car Database Data, parsing error can occur. Raw cars data is always returned for you to validate. Raw cars data can also be incomplete in rare circumstances, in which case it will be stated in the response and you would not be charged any credit.

7. Indemnification

You agree to defend, indemnify, and hold harmless Car Database API and its affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any breach of this Agreement or any use of Car Database API Hosted Webservice by you, or by any other person using Car Database API Hosted Webservice through you or using your computer.

8. Warranty and Disclaimer

You understand and agree that Car Database API Hosted Webservice are provided on an "as is" and "as available" basis. You expressly agree that use of Car Database API Hosted Webservice is at your sole risk. To the maximum extent permitted by applicable law, Car Database API disclaims all warranties of any kind, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and noninfringement. Without limiting the foregoing, neither Car Database API nor any of its affiliates, nor any of their officers, directors, licensors, employees or representatives represent or warrant (a) that Car Database API Hosted Webservice, including its content, will meet your requirements or be accurate, complete, reliable, or error free; (b) that the service will always be available or will be uninterrupted, accessible, timely, or secure; (c) that any defects will be corrected, or that the service will be free from viruses, "worms," "trojan horses" or other harmful properties; (d) the availability for sale, or the reliability or quality of any products discussed or referenced in the service; (e) any implied warranty arising from course of dealing or usage of trade; and (f) that the service is noninfringing. Car Database API and its affiliates hereby disclaim, and you hereby waive and release Car Database API and its affiliates from, any and all obligations, liabilities, rights, claims or remedies in tort arising out or in connection with this Agreement, Car Database API Hosted Webservice, and Car Database API Properties, whether or not arising from the negligence (active, passive or imputed) of Car Database API or its affiliates. You acknowledge and agree that any content downloaded or otherwise obtained through Car Database API Hosted Webservice is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from use of Car Database API Hosted Webservice. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary from jurisdiction to jurisdiction.

9. Limitation of Liability

In no event shall Car Database API, its affiliates, it suppliers, or any of their officers, directors, employees, agents, representatives, information providers, or licensors be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use Car Database API Hosted Webservice, even if Car Database API has been advised of the possibility of such damages. In any event, Car Database API's cumulative liability to any user for any and all claims relating to the use of Car Database API Hosted Webservice shall not exceed the total amount paid by the user for Car Database API Hosted Webservice during the preceding three month period.

10. Termination

You may terminate this Agreement by ceasing to use Car Database API Hosted Webservice and the Car Database API Properties. Car Database API reserves the right to terminate this Agreement (and/or your account) or discontinue Car Database API Hosted Webservice or any portion or feature thereof for any reason and at any time at its sole discretion. Upon any termination or notice of any discontinuance, you must immediately stop and thereafter desist from using Car Database API Hosted Webservice, including the Car Database API Properties, and any applicable portions or features thereof, and delete all Car Database API Properties in your possession or control (including from your application and your servers).

11. Breach of Agreement

This Agreement will terminate automatically if you fail to comply with the terms of this Agreement. Upon termination of this Agreement, all rights and licenses granted in the Agreement shall immediately terminate. You will immediately delete any Car Database API Properties or other Car Database API proprietary information in your possession or control.

12. Modification of Agreement

Car Database API may modify any of the terms and conditions contained in this Agreement, at any time and at its sole discretion, by posting a change notice or a new Agreement on the Car Database API web site. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of Car Database API Hosted Webservice or the Car Database API Properties following Car Database API's posting of a change notice or new Agreement on the web site will constitute binding acceptance of the change. Car Database API may modify any of the terms and conditions contained in this Agreement, at any time and at its sole discretion, by posting a change notice or a new Agreement on the Car Database API web site. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of Car Database API Hosted Webservice or the Car Database API Properties following Car Database API's posting of a change notice or new Agreement on the web site will constitute binding acceptance of the change.

13. Governing Law

This Agreement shall be governed by the laws of the Bulgaria. Exclusive jurisdiction over disputes arising under this Agreement or regarding use of Car Database API Services will be in the Bulgarian courts of and sitting in Plovdiv, Bulgaria. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. In any litigation involving this Agreement or the use of Car Database API Hosted Webservice, the prevailing party will be entitled to recover reasonable attorneys' fees.

14. Entire Agreement

This Agreement constitutes the entire agreement between you and Car Database API regarding Car Database API Hosted Webservice and supersedes any and all prior or contemporaneous representation, understanding, agreement or communication between you and Car Database API regarding Car Database API Services. Except as provided by Section 9, this Agreement may not be amended, varied or supplemented except by a writing executed by both you and Car Database API that specifically references this Agreement and the provision(s) to be amended, varied or supplemented, and, without limitation of the foregoing, no provision of this Agreement shall be varied, contradicted or explained by any oral agreement, course of dealing or performance, or any other matter not set forth in a writing executed as provided above in this sentence.

This terms of service was last modified on 25/03/2018