Developer Terms of Use

 

 

Effective Date:  March 28, 2012

  1. Introduction

    2.  

    Jigsaw Data Corporation (“Jigsaw”) welcomes you to its Developer Program! Please carefully read these legal terms (the “Developer Terms” or the “Agreement”) as they contain important information regarding your legal rights, remedies, and obligations in connection with your use of the Developer Portal (http://developer.jigsaw.com) and all information, products, APIs, services, and/or (hereinafter, “or”) applications (collectively, “Services”) made available to you from Jigsaw. These Developer Terms incorporate by reference the Jigsaw Terms of Use (“TOU” http://www.jigsaw.com/Terms.jsp) so you should carefully review the TOU before proceeding with registration. 

     

  2. Definitions

     

    3. “Search & Get PassThrough API” means the collection of XML-based protocols accessed through Representational State Transfer (REST), for the purpose of searching for and acquiring Company and Contact Data.

     

    “Jigsaw APIs” the Search & Get PassThrough API, collectively, along with any other APIs made available by Jigsaw, whether or not they are documented on the Developer Portal.

     

    “API Token” means a unique account identifier and identifying string issued to you by Jigsaw upon successful registration.

     

    “API Specifications” means all information and documentation Jigsaw provides specifying or concerning the Jigsaw API specifications and protocols and any Jigsaw-supplied implementations or methods of use of the Jigsaw APIs.

     

    “Data” means any business, company or contact information, data or metadata that is offered and accessible by Jigsaw through the Developer Portal or Jigsaw’s other websites to you.  

     

    “Company Data” means Data regarding a corporate business entities acquired through any Jigsaw API. 

     

    “Contact Data” means business contact Data regarding individuals, acquired through any Jigsaw API.

     

    "Contribution API" means the Jigsaw API which you can enable in your applications through which you can submit Company and Contact Data to the Jigsaw database. 

     

  3. Legally Binding Document

    4.  

    By accessing the Developer Portal or Services, you represent and warrant that you have read and understood, and agree to be bound by these Developer Terms and that you acknowledge the adequacy of consideration of the Developer Terms. You also represent and warrant that you have the authority to enter this Agreement on behalf of your employer/Company, and that by accessing the Developer Portal or Services you are entering into this Agreement on behalf of your employer/Company. Please review this document carefully as it is a legally binding document between you and Jigsaw. If you do not agree to these Developer Terms, you are prohibited from accessing the Developer Portal and the Services --please exit immediately. Jigsaw reserves the right to modify, alter and update the content of these Developer Terms at any time. Changed Developer Terms will be indicated by the “effective date” at the top of this agreement. If you do not agree to such changes, please exit the Developer Portal and Services immediately.

     

    YOU MAY NOT USE THE DEVELOPER PORTAL OR SERVICES IN ANY MANNER THAT EITHER DIRECTLY OR INDIRECTLY VIOLATES ANY LAW, REGULATION, ORDER OR JUDGMENT APPLICABLE TO YOU, OR THE PROPRIETARY, CONTRACTUAL OR OTHER RIGHTS OF ANYONE.

     

  4. Incorporated Documents

    5.  

    In addition to the Jigsaw Terms of Use, by accessing the Developer Portal you further accept and agree to abide by the terms and conditions of Jigsaw’s posted Privacy Policy (http://www.jigsaw.com/Privacy.jsp), Fair Information Statement (http://www.jigsaw.com/FairInformationStatement.jsp), and other applicable rules and guidelines as made available to you from Jigsaw (collectively, “Jigsaw Policies”).

     

    To the extent you elect to submit Company and Contact Data via the Contribution API, (a) you shall comply with the TOU available at http://www.jigsaw.com/Terms.jsp, (b) you hereby grant Jigsaw a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Services any such Data (including any portions thereof submitted by you) and distribute such Data through the Services located at www.jigsaw.com.  For the avoidance of doubt, Section 5(d) “Points” of the TOU shall not apply to any submission of Data via the Contribution API.

     

  5. API Token

    6.  

    In conjunction with your use of the Developer Portal, Jigsaw may issue you an API Token (the “Token”). The Token is the property of Jigsaw and may be immediately revoked or terminated by Jigsaw at its sole discretion. Each Token may be subject to access and use controls, limitations and restrictions at Jigsaw’s sole discretion. Tokens are for your company’s internal use only, and you may not sell, transfer, sublicense or otherwise disclose your Token to anyone. You are fully responsible for all activities that occur under your Token, regardless of whether such activities are undertaken by you or a third party. You should contact Jigsaw immediately if you believe a third party may be using your Token or if your Token is lost, stolen or otherwise compromised. Jigsaw shall not be responsible for any unauthorized access to or use of your Token.

     

  6. License Grant

     

    1. Limited Commercial Use (Authorized) :

       

      1. You may display Company Data to a Jigsaw Member who requests such information through Jigsaw’s SearchCompany API. However, you may not store that requested Data for the benefit of any other Jigsaw Member, yourself, or any third party. 
      2. You may display Contact Data to a Jigsaw Member who requests such information through Jigsaw’s Search & Get PassThrough API. However, you may not store that requested Data for the benefit of any other Jigsaw Member, yourself, or any third party. 

      2.  

    2. Prohibited Uses (Unauthorized) :

       
      1. In addition to the restrictions and prohibited uses stated herein, you may not use  Contact Data obtained for Jigsaw’s customers via the Search and Get PassThrough API for your internal use or consumption.

        2.  

      2. You may not store, append, contact, assemble, import, duplicate, compile, modify, reverse engineer, share, or distribute the Contact Data acquired for Jigsaw’s customers via the Search and Get PassThrough API.

        3.  

      3. You may not display, transfer or otherwise provide the Data, or use the Jigsaw APIs, in a manner that is contrary to federal, state and local laws, statutes, rules, regulations, ordinances or similar applicable instruments. Moreover, upon the discovery of any unauthorized use the Jigsaw APIs or Services, you will immediately notify Jigsaw. If you are at fault in any way for such unauthorized use, you may be held responsible. 

        4.  

      4. You and your end users may not use the Services: (i) in violation or beyond the license grants herein; (ii) to prepare or compile information that is distributed in any manner or form to any third-party; to (iii) to enhance, verify, supplement, append, confirm or modify any compilation of information that is thereinafter distributed in any manner or form to a third-party; (iv) in connection with any individual credit, employment or insurance decisions; (v) in any manner that is illegal, obscene, threatening or defamatory; (vi) in any manner that invades the privacy or the intellectual property or proprietary rights of third parties; or (vii) in any manner that violates any applicable laws, rules, ordinances, statutes, regulations and/or codes.  

        5.  

      5. You may not enable the creation of a Jigsaw account for any user that is not an individual, or in a manner that is misleading, deceptive, or fraudulent. Nor may you enable the use of Jigsaw APIs by any individual, person, or entity that has not agreed to comply with the Jigsaw TOU. 

        6.  

      6. You may not provide Data to any person who has not agreed to comply with the terms of the Jigsaw End User License Agreement and/or the Jigsaw TOU.  

    7.  

    Subject to your acceptance of these Developer Terms, and your compliance with the law and Jigsaw Policies, Jigsaw grants you a limited, worldwide, non-exclusive, non-sublicenseable, non-transferable, revocable license to use the Jigsaw APIs (provided you do not charge any third party for any data obtained through the Jigsaw APIs, for the use of the Jigsaw APIs themselves, or for any features enabled through the Jigsaw APIs) for the sole purpose of enabling your application to access and use Services made available through the Jigsaw APIs. This license does not grant you rights to any version, enhancement, or availability of the Jigsaw APIs, or to support of any kind. Jigsaw may revise or cease to provide the Jigsaw APIs at any time, with or without notice to you.

     

    Subject to your acceptance of these Developer Terms, and your compliance with the law and Jigsaw Policies, Jigsaw further grants you a limited, worldwide, non-exclusive, non-sublicenseable, non-transferable, non-sublicenseable, revocable license to use Data accessed through the Jigsaw APIs exclusively for the specifically identified Limited Commercial Uses set forth below. Except as expressly set forth with respect to the Limited Commercial Uses below, you shall have no other right to possess, use, process, distribute, display, make available, or otherwise provide access to any Data, in whole or in part, in any manner or form, for any commercial purpose, without the prior written authorization of Jigsaw.

     

     

  7. Compliance with Law and Policies  

    8.  

    You are responsible for the acts and omissions of your agents, customers and affiliates. You are responsible for complying with all applicable government laws, rules and regulations, all third party rights and all Jigsaw Policies. You shall not use any Jigsaw API in a manner that violates such laws, rules and regulations, third parties' rights or any Jigsaw Policies or in a manner that is deceptive, unethical, false or misleading. You shall not interfere or attempt to interfere in any manner with the proper working of any Jigsaw API or in any manner that impacts the stability of Jigsaw servers or adversely impacts the behavior of other applications using Jigsaw APIs. You shall not use Jigsaw APIs with any application that constitutes, promotes or is used in connection with spyware, adware, or other malicious programs or code.

     

  8. Monitoring and Collecting Information

    9.  

    You acknowledge that Jigsaw may monitor any Developer Portal activity for the purpose of ensuring quality, improving Jigsaw products and services and compliance with this Agreement. You shall not try to interfere with such monitoring or otherwise obscure from Jigsaw your API activity. Jigsaw may use any technical means to overcome such interference. 

     

  9. Usage Boundaries and Limitations

    10.  

    Jigsaw may, in its sole discretion, set a quota or other boundaries and limitations on your API usage based on, among other things, usage and application history. You shall not attempt to exceed automated use-quota or similar restrictions.

     

  10. Third Party Opt Out

    11.  

    You must, at all times, provide to any Jigsaw account holder or other customers for whose accounts you are accessing through the Jigsaw APIs the ability to easily and quickly (no longer than 3 business days after the customer provides notice to you) disassociate their Jigsaw accounts from your services and regain exclusive control of their Jigsaw accounts.

     

  11. Jigsaw Member Information

    12.  

    You agree that all information regarding Jigsaw Members which you receive, either from Jigsaw or Jigsaw Members themselves, including login and password credentials, is confidential information, which may constitute personally identifiable information. You accordingly agree to treat such information with the utmost care as commanded by the law, and represent and warrant that you will not share, use, transfer, or store such information, except that you may store login credentials for a Jigsaw Member at that Jigsaw Member’s request. You further agree to immediately notify Jigsaw in the event any Jigsaw Member’s credentials are compromised by you or through your products or services.

     

  12. Up to Date Information

    13.  

    You agree to notify Jigsaw immediately when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information current and accurate. Failure by you, for whatever reason, to provide Jigsaw with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this Agreement. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by Jigsaw to determine the validity of information provided by you, shall also be considered to be a material breach of this Agreement.

     

  13. Intellectual Property

    14.  

    In addition to complying with all applicable laws and Jigsaw Policies, You agree not to remove, obscure, or alter Jigsaw’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the Jigsaw APIs. You acknowledge that Jigsaw owns all right, title and interest in and to the Jigsaw APIs, including without limitation all intellectual property rights relating thereto (the “Jigsaw Rights”). The Jigsaw Rights include rights to the Search & Get PassThrough API, and all software associated with the API server developed and provided by Jigsaw. The Jigsaw Rights do not include third-party components used in connection with the Jigsaw APIs or software developed by you in conjunction with using the Jigsaw APIs.

     

  14. Termination/Modification

    15.  

    Your license rights hereunder will automatically terminate without notice if you fail to comply with any provision of this Agreement. Jigsaw reserves the right to immediately terminate this Agreement for breach or discontinue the Jigsaw APIs or any portion or feature thereof for any or no reason and at any time without liability to you. Within sixty (60) days of any notice of termination, or immediately upon notice of breach, or upon notice of any discontinuance, you must immediately stop and thereafter desist from using the Jigsaws APIs and delete all API Specifications in your possession or control . Those provisions or obligations of this Agreement which by their nature would apply after the termination or expiration of this Agreement shall survive termination or expiration.

     

    Jigsaw may modify this Agreement, at any time with or without warning or cause, and in its sole discretion, by posting a change notice to your account or prominently on Jigaw.com, changing the agreement linked from Jigsaw.com, emailing the email address of your Jigsaw account or Jigsaw API Application or otherwise notifying you. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT AND STOP USING THE JIGSAW APIS AND API SPECIFICATIONS. YOUR USE OF THE JIGSAW APIS, CONTINUED POSSESSION OF A COPY OF THE API SPECIFICATIONS FOLLOWING A NOTIFICATION OF A CHANGE AS DESCRIBED ABOVE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

     

  15. Irreparable Harm

    16.  

    You acknowledge and agree that your breach of this Agreement would cause Jigsaw irreparable harm such that money damages are inadequate, and in the event of your breach, Jigsaw is entitled to equitable relief without the need to post a bond or other security.