Get Satisfaction API Terms of Service

1. ACCEPTANCE OF API TERMS OF SERVICE

1.1 Get Satisfaction, Inc. ("we" "us" "our" or "Get Satisfaction") thanks you for using the Get Satisfaction application programming interfaces (the "Get Satisfaction APIs").

1.2 Your use of the Get Satisfaction APIs is subject to these API Terms of Service in effect at the time of your use. Get Satisfaction reserves the right to update and change these API Terms of Service from time to time without notice or acceptance by you, so please check this page frequently for updates and changes. However, changes made to these API Terms of Service will not apply to you to the extent that (i) the changes concern matters which are the subject of an actual dispute between you and Get Satisfaction as of the date the changes take effect and (ii) Get Satisfaction has actual notice of the dispute as of the date the changes take effect.

1.3 Your use of the Get Satisfaction APIs is also subject to the Get Satisfaction Terms of Service in effect at the time of such use your use, which are incorporated herein as though set forth in full. You can review the most current version of the Get Satisfaction Terms of Service by clicking here.

1.4 Your use of the Get Satisfaction APIs is also subject to the Get Satisfaction Privacy Policy in effect at the time of your use, which is incorporated herein as though set forth in full. You can review the most current version of the Get Satisfaction Privacy Policy by clicking here.

1.5 Your use of the Get Satisfaction Service is also subject to the Get Satisfaction Community Guidelines in effect at the time of your use, which are incorporated herein as though set forth in full. You can review the most current version of the Get Satisfaction Community Guidelines by clicking here.

1.6 Your use of the Get Satisfaction APIs may also be subject to additional terms, conditions, policies and/or agreements applicable to a specific Web site, service, API, software, service level or version. In the event of any conflict between these API Terms of Service and such additional terms, conditions, policies and/or agreements, the additional terms, conditions, policies and/or agreements will control. For the avoidance of doubt, if there are terms and conditions in these API Terms of Service regarding subjects on which the additional terms, conditions, policies and/or agreements are silent, such silence will not constitute a conflict and the terms and conditions in these API Terms of Service will control.

1.7 By signifying your acceptance of these API Terms of Service or making any use of the Get Satisfaction APIs, you signify your irrevocable acceptance of these API Terms of Service in effect at the time of your use. If you are an individual acting as a representative of a corporation or other legal entity which wishes to use the Get Satisfaction APIs, then you represent and agree that you have the authority to accept these API Terms of Service on behalf of such corporation or other legal entity and that all provisions of these API Terms of Service will bind that corporation or other legal entity as if it were named in these API Terms of Service in place of you.

2. LICENSED USES AND RESTRICTIONS

2.1 Use of the Get Satisfaction APIs is licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. Your license to use the Get Satisfaction APIs continues until it is terminated by you or by Get Satisfaction.

2.2 In using the Get Satisfaction APIs, you will:

2.2.1 Disclose in your application, through a privacy policy or otherwise displayed in the footer of each page, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

2.2.2 Use instructions provided in the Get Satisfaction APIs to place application identification information (application ID) into any application or service you develop that incorporates or makes any use of the Get Satisfaction APIs. You may only create a single application ID per application or service and such application ID must accompany all web services requests coming from that application or service. You must provide accurate identification, contact and other information required as part of the registration process.

2.2.3 Secure clear, express consent from the users of your application, granting you permission to access such user's Get Satisfaction account, including, if applicable, retrieving user-specific information or writing information to such user’s account. You will strictly comply with the scope of such express consent granted to you when accessing such user's Get Satisfaction account.

2.3 In using the Get Satisfaction APIs, you will not:

2.3.1 Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use Get Satisfaction APIs.

2.3.2 Create any script or other automated tool that attempts to create multiple application IDs.

2.3.3 Use the Get Satisfaction APIs for any application that constitutes, promotes or is used in connection with spyware, adware or other malicious programs or code.

2.3.4 Use the Get Satisfaction APIs in any manner or for any purpose that violates any law or regulation or any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.

2.3.5 Use the Get Satisfaction APIs in a manner that adversely impacts the stability of Get Satisfaction’s servers or adversely impacts the behavior of other applications using the Get Satisfaction APIs.

2.3.6 Retain any copies of any user content made available via the Get Satisfaction APIs, except for locally caching data for up to twenty-four (24) hours.

2.4 Your use of the Get Satisfaction API is subject to rate limits. If you exceed these rate limits, your access to the Get Satisfaction API may be limited, blocked, suspended or terminated at any time, at Get Satisfaction’s discretion, with or without notice to you.

3. OWNERSHIP AND RELATIONSHIP OF PARTIES

3.1 You understand that all information which you may have access to as part of, or through your use of, the Get Satisfaction APIs is the sole responsibility of the person from which such information originated.

3.2 The Get Satisfaction APIs may be protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. Get Satisfaction's rights apply to the Get Satisfaction APIs and all output and executables of the Get Satisfaction APIs, excluding any software components developed by you which do not themselves incorporate the Get Satisfaction APIs or incorporate any output or executables of the Get Satisfaction APIs. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these API Terms of Service.

4. SUPPORT

4.1 Get Satisfaction may, but is not obligated to, provide you with support or modifications for the Get Satisfaction APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time, with or without notice to you.

5. RIGHTS RESERVED

5.1 The Get Satisfaction APIs are owned by Get Satisfaction. All rights with regard to the Get Satisfaction APIs not expressly granted to you are reserved by Get Satisfaction. Nothing in these API Terms of Service will be construed as granting you any property rights in the Get Satisfaction APIs or to any invention or any patent, copyright, trademark or other intellectual property right that has been issued, or that may issue, based on the Get Satisfaction APIs. Use of the Get Satisfaction APIs is licensed, not sold.

6. INTERNATIONAL USE

6.1 The Get Satisfaction APIs are hosted in the United States. If you use the Get Satisfaction APIs from outside of the United States, you acknowledge that you are voluntarily transferring information (potentially including personally-identifiable information) and content to the United States and agree that Get Satisfaction’s collection, use, storage and sharing of such information and content is exclusively subject to the laws of the United States, not of the jurisdiction in which you or the users of your application are located.

6.2 You will comply with all United States laws, rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which you or the users of your application are located.

7. TERMINATION

7.1 Get Satisfaction may terminate your license to use the Get Satisfaction APIs, or any part thereof, with or without notice on account of your breach of any portion of these API Terms of Service (including any additional terms, conditions, policies and agreements incorporated herein). Get Satisfaction, in its sole discretion and at any time, may terminate your license to use the Get Satisfaction APIs, or any part thereof, with or without notice. Get Satisfaction, in its sole discretion and at any time, may discontinue the Get Satisfaction APIs, or any part thereof, with or without notice. Get Satisfaction will not be liable to you or any third party for any termination of your license to use the Get Satisfaction APIs, or any part thereof, or for discontinuing the Get Satisfaction APIs, or any part thereof.

7.2 You may terminate your license to use the Get Satisfaction APIs by completely discontinuing use of the Get Satisfaction APIs.

7.3 After the termination of your license to use of the Get Satisfaction APIs or the discontinuance of the Get Satisfaction APIs for any reason, you will no longer have access to your account and all information and content in your account or that you have stored or through on the Get Satisfaction APIs may be, but is not required to be, deleted by Get Satisfaction. Get Satisfaction will have no liability for information or content that is deleted due to the termination of your license to use of the Get Satisfaction APIs or the discontinuance of the Get Satisfaction APIs for any reason.

8. U.S. GOVERNMENT RESTRICTED RIGHTS

8.1 If you are an agency of the United States Government, the Get Satisfaction APIs are a "Commercial Item," as that term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the United States Government (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All unpublished rights are reserved under the copyright laws of the United States. For purpose of any public disclosure provision under any law, it is agreed that the Get Satisfaction APIs are trade secrets and proprietary commercial products and not subject to disclosure.

9. GENERAL TERMS

9.1 These API Terms of Service will remain in full force and effect while you use the Get Satisfaction APIs. Those terms that can continue to operate after you stop using the Get Satisfaction APIs (including without limitation the General Terms in this Section), will survive after you stop using the Get Satisfaction APIs.

9.2 You agree to indemnify and hold Get Satisfaction, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your actions in using the Get Satisfaction APIs, (ii) a claim that you, or any third party using your account, infringed any intellectual property or other right of any person or organization using the Get Satisfaction APIs, or (iii) the violation of these API Terms of Service by you, or any third party using your account.

9.3 THE GET SATISFACTION APIS ARE PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE GET SATISFACTION APIS, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE GET SATISFACTION APIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GET SATISFACTION AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, GET SATISFACTION AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE GET SATISFACTION APIS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GET SATISFACTION DOES NOT WARRANT THAT THE GET SATISFACTION APIS WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GET SATISFACTION APIS ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GET SATISFACTION OR THE GET SATISFACTION APIS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE API TERMS OF SERVICE.

9.4 NEITHER GET SATISFACTION NOR ITS AFFILIATES WILL BE LIABLE, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GET SATISFACTION'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO GET SATISFACTION FOR YOUR USE OF THE GET SATISFACTION APIS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) ONE HUNDRED DOLLARS ($100.00).

9.5 These API Terms of Service (including any additional terms, conditions, policies and agreements incorporated herein) are the entire agreement between Get Satisfaction and you regarding the Get Satisfaction APIs. Any dispute arising from or related to these API Terms of Service will be governed by the laws of the State of California without regard to conflict of law principles. Any such dispute will be resolved through binding arbitration by a single arbitrator pursuant to the American Arbitration Association’s rules applicable to commercial disputes. The arbitration will be held in San Francisco, California. The failure of Get Satisfaction to exercise or enforce any right or provision of these API Terms of Service shall not constitute a waiver of such right or provision. If any provision of these API Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these API Terms of Service shall otherwise remain in full force and effect and be enforceable.

Last updated March 3, 2011.