FreeDemographics.com API

FreeDemographics API Terms of Use
By using the FreeDemographics API (the "Service"), a Service of SRC, LLC ("SRC"), you ("You") accept and agree to the following terms and conditions of use (the "Terms of Use").

1.	Service. 

1.1 Description of Service. The API consists of Javascript that allows You to display Census Data on your website, subject to the limitations and conditions described below. 
You may use the API to display demographic data contained in the Service, in conjunction with other information You provide to end users. The API may be used only for services that are generally accessible without fees or license agreements with end users.
In order to obtain the API, You must first register on SRC's web site located at www.FreeDemographics.com/API .  Once You have supplied SRC with Your account information, the URL of where You will be placing the demographic data, and agreeing to the Terms of Use, You will be issued a unique key code for Your Account and the URL of your service. Your service must import the FreeDemographics API using an HTML <script> tag that contains the key issued.  The Service will block requests with an invalid key or a valid key that does not match Your account or the URL You registered. 

1.2 Service or API Modifications. SRC reserves the right to release new or modified versions of the API or the Service and to require You to re-register and obtain and use the most recent version. SRC may modify the Terms of Use at any time with or without notice or cause, and You can review the current version of the Terms of Use at http://www.FreeDemographics.com/API/register . If any modification to the Terms of Use is unacceptable to You, You may cancel the Service by removing the Javascript from Your Site. If You continue to use the Service, You will be deemed to have accepted the modifications. 

1.3 Prohibited Uses. The Service may be used only for services that are accessible to without fees or license agreements with end users.  The Service may be used in an Intranet setting that has login and password requirement for end users.
You hereby acknowledge and agree that You are responsible for your own conduct and content while using the Service and for any consequences that might arise by Your conduct, content or Your use of the Service. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable policies or guidelines. You agree that when using the Service, You will not: 
"	make available any inappropriate, defamatory, infringing, obscene, or unlawful Content by upload, post, email, transmit or any other means; 
"	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 rightful owner to post such Content; 
"	defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; 
"	restrict or inhibit any other user from using and enjoying SRC services; 
"	use SRC services for any illegal or unauthorized purpose including the sales or further sublicense of contents delivered by the service
"	remove any copyright, trademark or other proprietary rights notices contained in or on SRC services; 
"	interfere with or disrupt SRC services or servers or networks connected to SRC services, or disobey any requirements, procedures, policies or regulations of networks connected to SRC services; 
"	submit Content that falsely expresses or implies that such Content is sponsored or endorsed by SRC; 
These prohibited uses are examples only and should not be deemed as the only prohibited uses.

2.	Proprietary Rights of SRC. 

2.1 SRC Rights. For purposes of the Terms of Use, "Intellectual Property Rights" shall mean any and all rights existing under patent or copyright 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 SRC, You acknowledge that SRC owns 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 Use. 

2.2 Use of Trademarks and Trade names. For purposes of the Terms of Use, "Trademarks and Trade names" shall be defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive Trademarks and Trade names of each party, respectively, as secured by such party from time to time. SRC hereby grants to You a nonexclusive, nonsublicenseable, nontransferable license during the Term to display SRC's Trademarks and Trade names 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 SRC a nontransferable, nonexclusive license during the Term to use Your Trademarks and Trade names to advertise that You are using the Service.
In using SRC Trademarks and Trade names, you may not:
o	display a SRC Trademarks and Trade names in any manner that implies a relationship or affiliation, sponsorship or endorsement by or with SRC beyond that of your use of the Service 
o	use SRC Trademarks and Trade names to disparage SRC, its products or services; 
o	have the SRC logo as the largest logo on your website; 
o	display a SRC Trade name or Trademark as the largest or most prominent element on any page of your website where the service is made available; 
o	display a SRC Trademarks and Trade names in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to SRC; 
o	display a SRC Trademarks and Trade names on a site that violates any law or regulation; or 
o	remove, distort or alter any element of a SRC Trademarks and Trade names 
You understand and agree that SRC has the sole discretion to determine whether your use of SRC Trademarks and Trade names is in accordance with the above restrictions.
Except as set forth in this Section 2.2, nothing in the Terms of Use shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party's Trademarks and Trade names. Any use by You of SRC's Trademarks and Trade names shall inure to the benefit of SRC. At no time during or after the Term shall You challenge or assist others to challenge the Trademarks and Trade names of SRC or the registration thereof by SRC, nor shall You attempt to register any Trademarks and Trade names that are confusingly similar in any way to those of SRC. 

2.3 Service Credits and Attribution. The demographic data, regardless of the way the data is provided to You or displayed by You, including if it used in charts, reports, maps or database forms, may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive Trademarks and Trade names of SRC. You may not delete or ialter these trade names, trademarks, service marks, logos, domain names, and other distinctive Trademarks and Trade names. 

3.	Privacy Policy. SRC's collection and use of personal information is governed by SRC's Privacy Policy, available at http://www.SRC.com/privacy.html. You understand and agree that SRC may access, preserve, and disclose Your personal information and the contents of Your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of SRC, its affiliates or the public. Personal information collected by SRC may be stored and processed in the United States or any other country in which SRC or its agents maintain facilities. By using the Service, You consent to any such transfer of information outside of your country. 

4.	Indemnification. You agree to indemnify and hold harmless, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of the Service, violation of these Terms of Use or any other actions connected with use of SRC services, 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, SRC will provide You with written notice of such claim, suit or action. 

5.	Disclaimer of warranties. You expressly understand and agree that: 
A. Your use of the service is a risk borne solely by You. The service is provided on an "as is" and "as available" basis. SRC expressly disclaims 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. SRC makes 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 SRC or through or from SRC services shall create any warranty not expressly stated in the terms of service.

6.0  Limitation of Liability 
You expressly understand and agree that SRC shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SRC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

7.0 Exclusions and limitations.  Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 5 and 6 may not apply to you. 

8.0 Term and Termination

8.1 Term. The term of the Terms of Use shall commence on the date upon which agree to the Terms of Use and shall continue in force thereafter, unless terminated as provided herein. 

8.2 Termination. SRC may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time and for any reason, and may suspend or terminate Your use of the Service at any time or for any reason. This includes, without limitation, the right to set, at SRC's own discretion and at any time, a maximum number of demographic data requests you may access through the service without SRC's prior written consent.
In addition, either party may terminate the Terms of Use 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 SRC or otherwise disparages or devalues the SRC Service or Trade names or Trademarks or SRC's reputation. If You desire to terminate the Terms of Use, You must remove the Service from Your Site. 

8.3 Effect of Termination. Upon the termination of the Terms of Use for any reason (i) all license rights granted herein shall terminate and (ii) You shall immediately delete any and all forms of demographic data retrieved from the Service and SRC Trademarks and Trade names. 

8.4 Remedies. You acknowledge that Your breach of service/license restrictions contained herein may cause irreparable harm to SRC, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which SRC may be legally entitled, SRC shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of Your officers, employees, consultants or other agents.