1. PeekaCity API.
The PeekaCity API is PeekaCity.com's service that allows approved licensees to retrieve amenity information surrounded address in the United States of America ("PeekaCity Data"). The PeekaCity API consists of multiple application program interfaces for retrieving various PeekaCity Data, grouped generally into calls to embedded an interactive amenity map (the "EmbeddedAmenity Maps API") and calls to create PDF reports (the "Amenity Reports API"). The PeekaCity API, Embedded Amenity Maps and AmenityReports API are further defined in the API documentation section of this website. PeekaCity.com may release subsequent versions of the PeekaCity API and require you to obtain and use the most recent version. New versions may not be compatible with your previous implementation. PeekaCity.com will identify releases at www.peekacity.com/help.aspx?topic=api&page=release.
2. License to PeekaCity API & Data.
This license is subject to the following restrictions:
· All calls to the PeekCity API must reference the PCID issued to you as an approved licensee.
· You agree that you will provide the PeekaCity Data to users on "as is" terms, with disclaimers substantially equivalent to those set forth in Sections 7 and 8.
· You agree to keep the PCID confidential, and not to share it with any third party. This license is personal to you, and any affiliates must seek and obtain their own license and PCID.
· You may present the PeekaCity Data only on a transactional basis. You will not permit your users to access the PeekaCity Data in bulk.
· You may not retain any copies of the PeekaCity Data. Your license to PeekaCity Data is limited to making direct server calls to PeekaCity.com for the PeekaCity Data and to distributing the PeekaCity Data to your end user on your Website(s), immediately upon receipt by your servers.
· You may not present the PeekaCity Data (or permit the PeekaCity Data to be presented) so that it appears to be available from a third party Web site.
· You may not use the PeekaCity Data for direct marketing (i.e., mailing, emailing) or telemarketing lists.
· You may not separately extract and provide or otherwise use data elements from the PeekaCity Data to enhance the data files of third parties.
· You further agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the PeekaCity API or any data provided by PeekaCity.com.
· You may not use the PeekaCity Data to provide a service for other businesses.
· You must use commercially reasonable efforts to prevent the PeekaCity Data from being downloaded in bulk or otherwise scraped. Such efforts include "spider traps," "C.A.P.T.C.H.A.," velocity checks, source IP analysis, or other methods that are as effective.
3. License to PeekaCity Brand & Links.
You agree, and PeekaCity.com grants you a license, to implement the PeekaCity name, logo(s), and links to PeekaCity.com (the "PeekaCity Brand & Links") on any webpage incorporating the PeekaCity API and/or PeekaCity Data, in accordance with the PeekaCity API Network Branding Requirements.
4. Acceptable Use.
You agree not to use the PeekaCity API, PeekaCity Data, or PeekaCity Brand & Links in any way that is unlawful, or harms PeekaCity.com, its service providers, its suppliers, your end users, or any other person. Further, pursuant to Section 11 below, PeekaCity.com may terminate your use of the PeekaCity API, PeekaCity Data and PeekaCity Brand & Links if and when PeekaCity.com determines that your use is inappropriate.
5. Limited Relationship.
7. NO WARRANTY.
PEEKACITY.COM PROVIDES THE PEEKACITY API, PEEKACITY DATA, AND PEEKACITY BRAND & LINKS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PEEKACITY.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. PEEKACITY.COM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C)WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
8. LIABILITY LIMITATION; EXCLUSIVE REMEDY.
9. Intellectual Property.
The PeekaCity API, PeekaCity Data, and PeekaCity Brand & Links are the property of PeekaCity.com, and subject to the intellectual property rights of PeekaCity.com and its licensors. (c) 2007 PeekaCity.com. All rights reserved.
PeekaCity.com may change, suspend or discontinue the PeekaCity API and suspend or terminate your use of the PeekaCity API, PeekaCity Data, and/or PeekaCity Brand & Links at any time for any reason, without notice. You may also terminate by ceasing to use the PeekaCity API, PeekaCity Data, and PeekaCity Brand & Links, removing implementation of the PeekaCity API from your website(s), and deleting all copies of the PeekaCity Data and PeekaCity Brand & Links.
12. Choice of Law; Disputes.
Last revised June 2007