Gothere Maps APIs Terms of Service

Last updated: May 23, 2009

1. Introduction

Welcome to the Gothere Maps API. The Gothere Maps APIs (also referred to in this document as the "Service") are a collection of services that allow you to include maps, geocoding, and other Content from Gothere in your webpages or applications.

2. Accepting the Terms

By clicking to accept or agree to the terms on an option made available to you by Gothere in the user interface for the Service, by downloading, implementing, or otherwise using the Gothere Maps APIs, you acknowledge that you have read, understand and agree to be bound by these Gothere Terms of Service (the "Terms"), including any future modifications thereto. If, at any time, you do not agree to these terms, then you are no longer granted a right to use the Gothere Maps APIs as provided herein, and must discontinue all uses of the Gothere Maps APIs immediately.

You represent that you have full power, capacity and authority to accept these Terms. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms. If you don't have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts these Terms.

These Terms are incorporated into and are subject to the Gothere Terms of Use. Your use of the Gothere Maps APIs is subject at all times to these Terms and the Terms of Use.

3. Provision of Service by Gothere

You understand and agree that the form and nature of the Service that Gothere provides may change without prior notice to you. You understand and agree that Gothere may stop, temporarily or permanently, providing the Service or any features within the Service to you or to users at Gothere's sole discretion, without any prior notice, written or otherwise, to you. Gothere reserves the right to refuse or discontinue the Service to anyone, and to disable users' access to the Service, including the Gothere Maps APIs or any Content, at any time in its sole discretion with or without notice.

You understand and agree that Gothere may impose or adjust the limit on the number of transactions you may send or receive through the Service; such fixed limits may be set by Gothere at any time, at Gothere's sole discretion.

Gothere reserves the right to release subsequent versions of the Gothere Maps APIs and to require you to obtain and use the most recent version.

The service does not include advertising in the maps images. However, Gothere reserves the right to include advertising in the maps images provided to you through the Service, but will provide you with thirty (30) days notice prior to the commencement of advertising. Such notice may be provided on relevant Gothere websites, including but not limited to the Gothere Blog, Gothere Maps API Group (or such successor URLs that Gothere may designate from time to time). During that 30 day period, you may terminate your use of the Service, or provide notice of your refusal to accept advertising in accordance with Gothere's policies and procedures for providing such notice (which Gothere may make available from time to time in its sole discretion).

4. Licenses from Gothere to You

4.1 Definitions

"Brand Features" means 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.
"Content" means any content provided through the Service, including map data, public transport data or any other content.
"Gothere Maps API Implementation" means a software application or website that uses the Gothere Maps APIs to obtain and display Content in conjunction with Your Content, according to these Terms.
"Your Content" means any content that you provide in your Gothere Maps API Implementation, including data, images, video, or software. Your Content does not include the Content.
"Search Results" means results from searches provided through the Service.

4.2 Service License

Gothere gives you a personal, royalty-free, non-assignable and non-exclusive license to use the Service as provided by Gothere, in the manner permitted by the Terms.

4.3 Content License

Gothere gives you a personal, royalty-free, non-assignable and non-exclusive license to access, use, and publicly display the Content in your Gothere Maps API Implementation, as the Content is provided in the Service, and in the manner permitted by the Terms. Specifically, you acknowledge that the Content (including but not limited to map data, and directions) is provided for planning purposes only. You may find that construction projects, closures, or other events may cause road conditions or directions to differ from the results depicted in the Content. You should exercise judgment in your use of the Content.

4.4 Brand Features License

Gothere gives you a personal, royalty-free, non-assignable, non-transferable, non-sublicenseable, and non-exclusive license to display Gothere's Brand Features solely for the purpose of promoting or advertising your authorized use of the Service in accordance with this Section and for the purpose of fulfilling your obligations under the Terms.

In using Gothere Brand Features, you will not:

display a Gothere Brand Feature in any manner that implies a relationship, affiliation with, sponsorship, or endorsement by Gothere, other than your use of the Service, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of Gothere or Gothere staff;

display a Gothere Brand Feature on your site if it contains or displays adult content or promotes illegal activities

display a Gothere Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Gothere;

display a Gothere Brand Feature on a site that violates any law or regulation; or

remove, distort or alter any element of a Gothere Brand Feature (this includes squeezing, stretching, inverting, discoloring, cropping, etc.).

4.5 Attribution

The Gothere Search Results provided to You through the Service may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Gothere, its partners, or other third party rights holders of content indexed by Gothere. 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 include and display a "powered by Gothere" attribution conspicuously on the page, in close proximity to the Search Results.

For all Search Results available through the Service, Gothere provides attribution language (such as "provided by Gothere - date" or such similar language as may be used from time to time). You agree to include this attribution, unmodified, adjacent to Search Results on your Property. Gothere will provide this attribution information automatically when you use the default search control, in which case you agree not to modify or obscure this automatically generated attribution. If you do not use the default search control, you must include, adjacent to the Search Result and visible on the same screen, similar attribution that indicates the Search Result came from Gothere and on what date it was clipped.

For business listings Search Results from the Service, Gothere sometimes provides business listing source attribution information (such as "Business listings provided by name"). If Gothere provides this attribution, then you must include it adjacent to any business listing Search Results on your Property. Gothere will provide this attribution automatically when you use the default search control. If you do not use the default search control, you must obtain and include the business listing attribution information.

5. Conditions under Gothere's Licenses

You agree to use the Service only for purposes:

that are permitted by the Terms; and

that are permitted by any applicable third party contract, law, or regulation.

Your Gothere Maps API Implementation must be generally accessible to users without charge. You may require users to log in to your Gothere Maps API Implementation if you do not require users to pay a fee. Unless you have entered into a separate written agreement with Gothere or obtained Gothere's written permission, your Gothere Maps API Implementation must not:

require a fee-based subscription or other fee-based restricted access; or

operate only behind a firewall or only on an internal network (except during the development and testing phase).

6. License Restrictions

You must not (nor may you permit anyone else to):

access or use the Service or any Content through any technology or means other than those provided in the Service, or through other explicitly authorized means Gothere may designate;

offer a batch geocoding service that uses Content contained in any Gothere Services;

use or display the Content without a corresponding Gothere map, unless you are explicitly permitted to do so in the Maps APIs Documentation, or through written permission from Gothere (for example, you must not use geocodes obtained through the Service except in conjunction with a Gothere map);

pre-fetch, cache, or store any Content;

reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by applicable law;

delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Service or the Content;

sell, lease, or sublicense the Gothere Maps API Implementations or access thereto without Gothere's prior, express, written permission; (but if you are a consultant who creates or hosts Gothere Maps API Implementations for third party customers, you may charge such customers a fee for your consulting or hosting services);

use the Service in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to numerical latitude or longitude coordinates, imagery, and visible map data;

use the Service or Content with any products, systems, or applications for or in connection with:

real time navigation or route guidance, including but not limited to turn-by-turn route guidance that is synchronized to the position of a user's sensor-enabled device;

any systems or functions for automatic or autonomous control of vehicle behavior; or

charge for Gothere Maps API Implementation involving dispatch, fleet management, business asset tracking, or similar enterprise applications.

modify or replace the text, images, or other content of the Gothere Directions and Amenities Search Results, including by:
1. changing the order in which the Gothere Directions and Amenities Search Results appear;
2. intermixing Directions and Amenities Search Results from sources other than Gothere; or
3. intermixing other content such that it appears to be part of the Gothere Search Results.

modify, replace or otherwise disable the functioning of links to Gothere or third party websites provided in the Gothere Directions and Amenities Search Results.

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 Use 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, and will not permit your end users or other third parties to:

incorporate Gothere Search Results as the primary content on your Property or any page on your Property;
display business listings Search Results from the Gothere Maps service on any Property which has the primary purpose of making available residential or business address listings or telephone directory listings;
hide or mask from Gothere the identity of your service as it uses the API, including by failing to follow the identification conventions listed in the API documentation;
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 (or the end user posting the content) 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.
distribute 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 Gothere services;
use Gothere services for any illegal or unauthorized purpose;
remove any copyright, trademark or other proprietary rights notices contained in or on Gothere services;
interfere with or disrupt Gothere services or servers or networks connected to Gothere services, or disobey any requirements, procedures, policies or regulations of networks connected to Gothere services;
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Gothere 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 Gothere;
promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to Singapore or your country of residence.

7. Disclaimer of Any Warranty

The Gothere Maps APIs are provided "AS IS" with no warranty, express or implied, of any kind and Gothere expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement.

Your use of Gothere Maps APIs is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any Gothere Maps APIs including, but not limited to, any damage to your computer system or loss of data.

8. Limitation of Liability

Gothere shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the Gothere Maps APIs, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Gothere has been advised of the possibility of such damages. under no circumstances shall Gothere be liable to you for any amount.

9. Jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law. Any claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Singapore, and you consent to the jurisdiction of such courts.