Open PageRank (OPR) API Terms of Service Agreement

OPR API Terms of Service Agreement

  1. Acceptance of Terms

    This OPR API Terms of Service document (the "API TOS") is an agreement you must accept in order to use the OPR API (as described below). This document describes both your rights and your obligations as part of using the OPR API. It is important that you read it carefully because you will be legally bound to these terms. OpenPageRank by DomCop. ("OPR" "we" "us") only provides the OPR API to you subject to this API TOS. By accepting this API TOS or by accessing or using the OPR API, you agree to be bound by this API TOS (including the Privacy Policy, Brand Guidelines, and general Terms of Service, which are incorporated here by reference).

    If you are entering into this API TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this API TOS. In that case, the terms "you" or "your" shall also refer to such entity. If you do not have such authority, or if you do not agree with this API TOS, you may not use the OPR API. You acknowledge that this API TOS is a contract between you and OPR, even though it is electronic and is not physically signed by you and OPR, and it governs your use of the OPR API.

  2. API Key Definitions
    1. Application - Any software application, website, or product you create or service you offer using the OPR API (defined below).
    2. API Documentation - The documentation, data and information that OPR provides regarding the use of the OPR API through the Developer Site.
    3. Data - means any data posted, transmitted or otherwise made available by users via the Services.
    4. Developer Site - OPR's Developer site found at https://www.domcop.com/openpagerank/documentation
    5. OPR API or "our API" - The publicly available OPR Application Programming Interface ("API") as well as the related API Documentation.
    6. OPR Service(s) - OPR's API, as well as the website https://www.domcop.com/openpagerank/ (the "Site"), and all software, applications, data, reports, text, images, and other content made available by or on behalf of OPR through any of the foregoing. The "Service" does not include Data or any software application or service that is provided by you or a third party (including Applications), whether or not OPR designates them as "official integrations".
  3. API License

    As long as you follow this API TOS, OPR grants you a limited, non-exclusive, non-assignable, non-transferable license to use the APIs to develop, test, and support any software application, website, or product, and to integrate the OPR APIs with your Application. Your license is subject to the limitations set forth in Section 4.2 through 4.11 and Section 9 below, and you agree that violation of Section 4 will automatically terminate your license to use the OPR APIs.

  4. Use of APIs and OPR Data

    The following identifies limitations on use related to the OPR API:

    1. Reliance on API. OPR is still evolving, and we need the flexibility to occasionally make changes to our APIs, including backwards incompatible ones. We will try to give notice of these changes, via emails. Also, parts of our API are undocumented, including certain methods, events, and properties. Given that these undocumented aspects of our API may change at any time, you should not rely on these behaviors.
    2. Applicable laws or agreements. You may not use the OPR API in violation of any law or regulation, or rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with this API TOS or OPR's other agreements to which you are subject.
    3. Scope of acceptable use. You may not use the OPR API or any other technology in a manner that accesses or uses any information beyond what OPR allows under this API TOS or the Documentation; that changes the OPR Service; that breaks or circumvents any of OPR's technical, administrative, process or security measures; that disrupts or degrades the performance of the OPR Service or the OPR API; or that tests the vulnerability of OPR's systems or networks.
    4. Malware. You may not transmit any viruses or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data.
    5. Commercial Use. You may charge for your Application. However, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to the OPR API.
    6. Advertising. You may place advertisements on and around your Application. However, you may not:
      1. Place any advertisements within OPR Service channels, and your advertisements may not resemble or be reasonably likely to confuse users as being a OPR Service message;
      2. Use Data or any content from OPR in any advertisements or for purposes of targeting advertisements, in your Application or elsewhere; or
      3. Use contact information obtained from OPR (including email addresses) to contact OPR users outside of OPR without their express permission.
    7. Rate Limits. You will not attempt to exceed or circumvent limitations on access, calls and use of OPR API, or otherwise use the OPR API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of this API TOS or the Documentation. See https://www.domcop.com/openpagerank/documentation.
    8. Use for promotion of gambling or adult content. You may not use the OPR APIs in any Application that includes adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under 21 years of age, or otherwise violates any applicable law or regulation.
    9. Distribution of your application. You may not distribute or allow access to the OPR APIs to anyone other than, if applicable, the company on whose behalf you entered into this API TOS. Anyone who wants to access our APIs must agree to be bound by this API TOS.
  5. Attribution. If the data obtained through the OPR API is made available on a public website, you must abide by OPR's Attribution Guidelines available at https://www.domcop.com/openpagerank/attribution.
  6. Storage of Data You are allowed to store the OPR API data on your servers.
  7. Your User Agreement and Privacy Policy

    If you offer your Application for use by others outside your organization, you must maintain a user agreement and privacy policy for your Application, which is prominently identified or located where users download or access your Application. Your privacy policy must meet applicable legal standards and accurately describe the collection, use, storage and sharing of data. You must promptly notify us of any breaches of your user agreement or privacy policy that impact or may impact OPR users. Your privacy policy must be at least as stringent and user-friendly as ours.

  8. Term and Termination
    1. Duration of Terms. This API TOS will go into effect on the date upon which you agree to them, by accessing or using the OPR API, and will continue until terminated as set forth herein.
    2. Your Right to Terminate. You may terminate this API TOS by discontinuing use of our APIs.
    3. Suspension; Termination. We may change, suspend or discontinue the OPR API and suspend or terminate your use of the OPR API, the OPR Service, and/or OPR Brand at any time and for any reason, without notice. Without limiting the foregoing, we may limit your Application's access to the OPR API if it, in our sole discretion, may negatively affect our Service or our ability to provide our Service.
  9. Other Important Terms.
    1. Legal Representations. You represent and warrant to OPR that you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute your Application, and that use of your Application by OPR and its users will not violate the rights of any third party (e.g., copyright, patent, trademark, privacy, publicity or other proprietary right of any person or entity), or any applicable regulation or law, including the Digital Millennium Copyright Act, the laws of any country in which your Application is made available and any applicable export laws.
    2. Modification of the API TOS. We may change, add to or delete this API TOS or any portion thereof from time to time in our sole discretion. If we make a material change to this API TOs, we will provide you with reasonable notice prior to the changes either by emailing the email address associated with your account or by posting a notice on the Developer Site. You acknowledge that these updates and modifications may adversely impact how you access, use, and communicate with the OPR API. If any change in unacceptable to you, then your only recourse is to cease all use of the OPR API. Your continued access or use of the OPR API will mean that you agree to the updates and modifications.
  10. Disclaimer of Warranties; Limitation of Liability; Indemnity
    1. NO WARRANTIES. THE OPR API AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND OPR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPR DOES NOT WARRANT THAT THE OPR API WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE OPR API, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM OPR OR THROUGH THE DEVELOPER SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS API TOS.
    2. LIMITATION ON LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL OPR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR ANY MATTER BEYOND OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, OPR'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
    3. Indemnity. You agree to defend, hold harmless and indemnify OPR, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users' use of the Application, OPR API or Data, or violation of this API TOS, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit, or action.
  11. General Legal Terms
    1. Severability. If any provision of this API TOS is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible in order to effect the intention of the provision; if a term cannot be so modified, it will be severed and the remaining provisions of this API TOS will not be affected in any way.
    2. Language. Where OPR has provided you with a translation of the English language version of this API TOS or any document referenced in this API TOS, you agree that the translation is provided for your convenience only and that the English language versions of any such document, will control.
    3. Notice and Service of Process. We may notify you via postings on the Developer Site or via the email address associated with your Application or OPR Service account. OPR accepts service of process by mail. Any notices that you provide without compliance with this section shall have no legal effect.
    4. Entire Agreement. This API TOS and any documents incorporated into this API TOS by reference, constitute the entire agreement between you and OPR regarding the OPR APIs and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this API TOS.
    5. No Informal Waivers, Agreements, or Representations. Our failure to act with respect to a breach of this API TOs by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. No representations, statements, consents, waivers or other acts or omissions by any OPR affiliate shall be deemed legally binding on any OPR affiliate, unless documented in a physical writing hand signed by a duly appointed officer of OPR.
    6. Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Developer Site or OPR Service or any OPR APIs, or other material used or displayed through the OPR Developer Site or OPR Service.
    7. Assignment and Delegation. You may not assign or delegate any rights or obligations under this API TOS, including in connection with a change of control. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this API TOs, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, OpenPageRank by DomCop. for any third party that assumes our rights and obligations under this API TOs.
    8. How to Contact Us. If you have questions or comments about this API TOS, or wish to make use of our OPR API in any way not permitted by this API TOS, please contact us via email at support@domcop.com