BodyMaps API Terms of Service

Thank you for using the BodyMaps API! By using the BodyMaps API (the "Service"), you ("You") accept and agree to be bound by the BodyMaps Terms of Service, the Terms of Service for BodyMaps as well as these additional terms and conditions (the "Terms of Service"). It is important for You to read each of these three documents, as they form a legal agreement between You and BodyMaps regarding your use of the Service.

1. Service. 1.1 Description of Service. The API allows You to display certain content, including map images and health related content on your website, subject to the limitations and conditions described below. The information accessible through the Service, not limited to map information, is referred to in this document as "the Content."
Subject to the limitations and conditions described in the terms of service, You may use the API to display the Content in conjunction with other information You provide to end users. You may not access, reproduce, or use the Content for any other purpose.
The API may be used only for services that are generally accessible to consumers without charge. Accordingly, You may not use the API for any service that requires a subscription or other restricted access, or for which a fee is charged.
In order to obtain the API, You must have a BodyMaps Account. After supplying BodyMaps with Your account information. BodyMaps shall have sole and complete control over the map data and format.

1.2 Content in the Service. Content in the Service includes map information and health related content. Your use of this Content is limited to displaying it to end users within the Service itself, and in the same manner, form, format, and appearance as it is provided by the Service. You may not, nor may you allow others to, copy, distribute, display, alter, or otherwise use the Content except as it is provided to you through the Service. BodyMaps reserves the sole right and discretion to determine whether your display of the Content through the Service is in conformance with this Section, and also reserves the right to terminate or suspend your access to the Content at any time for any reason, without notice.

1.3 Modifications. BodyMaps reserves the right to release subsequent versions of the API and to require You to obtain and use the most recent version. BodyMaps may modify the Terms of Service at any time with or without notice, and You can review the most current version of the Terms of Service online at any time at http://developer.bodymaps.com/terms.html If a modification is unacceptable to You, You may cancel the Service by removing the API code from Your Site. If You continue to use the Service, You will be deemed to have accepted the modifications.

1.4 Appropriate Conduct and Prohibited Uses. The Service may be used only for services that are generally accessible to consumers without charge.

You agree that You are responsible for your own conduct and content while using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that when using the Service, You will not:
? defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
? upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;
? upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the rights or have the permission of the owner to post such content;
? upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
? download any file posted by another that You know, or reasonably should know, that cannot be legally distributed in such manner;
? impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
? restrict or inhibit any other user from using and enjoying BodyMaps services;
? use BodyMaps services for any illegal or unauthorized purpose;
? remove any copyright, trademark or other proprietary rights notices contained in or on BodyMaps services;
? interfere with or disrupt BodyMaps services or servers or networks connected to BodyMaps services, or disobey any requirements, procedures, policies or regulations of networks connected to BodyMaps services;
? use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of BodyMaps services or collect information about users for any unauthorized purpose;
? submit content that falsely expresses or implies that such content is sponsored or endorsed by BodyMaps;
? create user accounts by automated means or under false or fraudulent pretenses, or obtain or attempt to obtain multiple keys for the Service;
? promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
? transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

2. 1.5 Advertising. The Service does not include advertising in the maps images. However, BodyMaps reserves the right to include advertising in the search results provided to You through the Service. You may terminate your use of the Service, or provide notice of your refusal to accept advertising in accordance with BodyMaps' policies and procedures for providing such notice (which BodyMaps may make available from time to time in its sole discretion).

1.6 Coordinate Requests. You may make up to 15,000 coordinate requests per day. If you exceed this value within a 24-hour limit, the Maps API coordinator may stop working for you temporarily. If you attempt to circumvent this limit, your access to the Service may be blocked immediately. If you continue to abuse this limit, your access to the Maps API coordinator may be blocked permanently. You may use the Maps API coordinator solely to obtain and display points on map images provided through the Service.

3. Proprietary Rights. 2.1 BodyMaps Rights. For purposes of the Terms of Service, "Intellectual Property Rights" shall mean any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. As between You and BodyMaps, You acknowledge that BodyMaps or its licensors own all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Service and that You shall not acquire any right, title, or interest in or to the Service, except as expressly set forth in the Terms of Service.

2.2 Brand Feature License. For purposes of the Terms of Service, "Brand Features" shall be defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time. BodyMaps hereby grants to You a nontransferable, nonsublicenseable, nonexclusive license during the Term to display BodyMaps' Brand Features for the purpose of promoting or advertising that You use the Service in accordance with this Section 2.2 and for the purpose of fulfilling Your obligations under Section 2.3 below. You hereby grant to BodyMaps a nontransferable, nonexclusive license during the Term to use Your Brand Features to advertise that You are using the Service.
In using BodyMaps Brand Features, you may not:
? display a BodyMaps Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by BodyMaps, other than your involvement in the Service, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of BodyMaps or BodyMaps personnel;
? use BodyMaps Brand Features to disparage BodyMaps, its products or services;
? display a BodyMaps Brand Feature on your site if it contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
? have the BodyMaps logo as the largest logo on your website (except as displayed in the map image itself);
? display a BodyMaps Brand Feature as the most prominent element on any page of your website;
? display a BodyMaps Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to BodyMaps;
? display a BodyMaps Brand Feature on a site that violates any law or regulation; or
? remove, distort or alter any element of a BodyMaps Brand Feature (this includes squeezing, stretching, inverting, discoloring, etc.).

4. You understand and agree that BodyMaps has the sole discretion to determine whether your use of BodyMaps brand features is in accordance with the above restrictions.
Except as set forth in this Section 2.2, nothing in the Terms of Service shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party's Brand Features. All use by You of BodyMaps' Brand Features (including any goodwill associated therewith) shall inure to the benefit of BodyMaps. At no time during or after the Term shall You challenge or assist others to challenge the Brand Features of BodyMaps (except to the extent such restriction is prohibited by law) or the registration thereof by BodyMaps, nor shall You attempt to register any Brand Features (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of BodyMaps.

2.3 Attribution; Legal Notices. The maps images provided to You through the Service may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of BodyMaps and its partners. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree to maintain, and not to remove, modify, obscure or alter, any link or notices appearing on any map image provided through the Service. You acknowledge and agree that these Legal Notices supplement the Terms of Service for the Service.

2.4 Digital Millennium Copyright Act. It is BodyMaps' policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.

5. Privacy Policy.
BodyMaps' collection and use of personal information is governed by BodyMaps' Privacy Policy, available at http://www.BodyMaps.com/privacy.html.

6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BodyMaps AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. BodyMaps AND ITS LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE 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 THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BodyMaps OR THROUGH OR FROM BodyMaps SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

7. Termination.
5.1 Termination. BodyMaps may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may suspend or terminate Your use of the Service at any time. This includes, without limitation, the right to set, at BodyMaps' own discretion and at any time, a maximum number of map images or other Content you may access through the service without BodyMaps' prior written consent.
In addition, either party may terminate the Terms of Service at any time, for any reason, or for no reason including, but not limited to, if You engage in any action that reflects poorly on BodyMaps or otherwise disparages or devalues the BodyMaps Brand Features or BodyMaps' reputation or goodwill. If You desire to terminate the Terms of Service, You must remove the Service from Your Site.

5.2 Rejection of Application. BodyMaps shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render null and void the Terms of Service between You and BodyMaps. BodyMaps shall not be liable to You for damages of any sort resulting from its decision to reject such a request.

5.3 Effect of Termination. Upon the termination of the Terms of Service for any reason (i) all license rights granted herein shall terminate and (ii) You shall immediately delete any and all maps images and BodyMaps Brand Features. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Service in accordance with its terms.

5.4 Survival. In the event of any termination or expiration of the Terms of Service for any reason, Sections 2.1, 4 and 5 shall survive termination.