OPEN API TERMS OF USE OF YUZOZ SPACE PLATFORM

By electronically signing below and clicking “I Agree” to receive an API Access Key (“Key”) to the Yuzoz Open API Connection (the "Connection"), you ("You") accept and agree to be bound by the following terms and conditions (the "Terms of Use").

1. THE SERVICE

a. Overview of the Yuzoz Space Platform Open API Service and License Grant. The Yuzoz Open Space Platform API Service consists of a Javascript API (the “Yuzoz API”) and that allows You to connect to random, live astronomical events throughout the Solar System, all subject to and in accordance with the limitations and conditions described herein. The Service is limited to allowing You to develop products based on Yuzoz software and hardware system that provides a live connection to Astronomical Events and does not provide You with access to any underlying source data or any other Yuzoz products or services.

Subject to the terms and restrictions set forth in these Terms of Use, Yuzoz grants to You a limited, non-exclusive, non-transferrable and non-sublicensable license to use the Connection with non-commercial products, such as widgets, cell phone platforms, websites and other applications.

In order to use and access the Connection, You must register with Yuzoz for an Open API Connection account (“Account”). After completing your registration, which includes your intended use of the Yuzoz Connection, and agreeing to these Terms of Use, You will be issued an electronic Key that is uniquely assigned to You. Your service must import the Yuzoz API using an HTML "script" tag that contains this Key, as described in the API documentation, and Yuzoz shall block any requests with an invalid Key.

b. Yuzoz may, at its sole discretion, release subsequent versions of the Yuzoz API and underlying data and require You to obtain and use the most current version. In addition, Yuzoz may modify these Terms of Use at any time with or without notice. You can always review the most updated version of the Terms of Use online at http://company.Yuzoz.com/openapi/term.htm. If a subsequent version is unacceptable to You, You may cancel the Service at any time. If You continue to use the Service on Your website, You will be deemed to have accepted any modifications.

c. RESTRICTIONS ON USE

I. You have no rights with respect to the Service or any portion thereof and shall not use the Service or any portion thereof except as expressly set forth herein. Without limiting the generality of the foregoing, You agree not to (i) modify or create derivative works of the Connection or any material or the Yuzoz API; (ii) sublicense, lease, rent, assign, distribute, repackage, rebrand, or otherwise transfer or disclose the Connection, any portion thereof or any documentation to any third party; (iii) or cause, assist or permit any third party (including an end-user) to do any of the foregoing.

II. You acknowledge and agree that functionality of the Yuzoz API is limited to the individual and personal use of the end-user that entered the coordinates to generate such API functionality. Without limiting the generality of the foregoing, You agree not to (i) record, save, archive, store, create a database of or otherwise copy in any manner any API functionality (or any portion thereof) other than as may be necessary (and then only on a temporary basis reasonably satisfactory to Yuzoz) to generate such API functionality to view and print them on a temporary basis; (ii) sublicense, lease, rent, assign, distribute, repackage, rebrand, or otherwise transfer or disclose any API functionality to any third party (other than to the end-user that entered the coordinates, or on whose behalf the coordinates were entered, to generate such API Functionality); (iii) use the API functionality of the Service for any commercial purpose; or (iv) cause, assist or with knowledge permit any third party (including any end-user) to do any of the foregoing.

III. You agree to be fully responsible for your own conduct and content while using the Connection and for any consequences thereof. You agree to use the Connection 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 Connection, You will not:

• violate the legal rights of commercial and non-commercial users and organizations, such as those engaged in games of chance, lotteries, or other applications which use random data;

• use the Connection in conjunction with content that is inappropriate, defamatory, infringing, obscene, or unlawful;

• create products using the Yuzoz Connection 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 owner;

• download any product posted by another that You know, or reasonably should know, that cannot be legally distributed in such manner;

• use any robot, spider, or other device to retrieve data about users on any Yuzoz platform for any unauthorized purpose;

• submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Yuzoz;

• register for any Yuzoz services, including the Connection by automated means or under false or fraudulent pretenses;

• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

2. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YUZOZ 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. YUZOZ 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 OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND/OR THAT (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE CONNECTION 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 YUZOZ OR THROUGH OR FROM ANY YUZOZ CONNECTION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

3. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YUZOZ SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YUZOZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE CONNECTION; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE CONNECTION; (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.

4. INDEMNIFICATION

You agree to indemnify and hold harmless Yuzoz, and its subsidiaries, affiliates, officers, agents, and employees, advertisers, licensors, and 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 any Yuzoz 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, Yuzoz will provide You with written notice of such claim, suit or action.

5. 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 3 AND 4 MAY NOT APPLY TO YOU.

6. INTELLECTUAL PROPERTY RIGHTS

a. "Intellectual Property Rights" shall mean any and all rights existing under patent law, copyright law, semiconductor chip protection law, moral rights 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 Yuzoz, You acknowledge that Yuzoz owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Service, including but not limited to the Yuzoz API.

b. Trademark License. For purposes of the Terms of Use, "Trademarks" shall be defined as the trademarks, trade names, service marks, logos, domain names, along with any other distinctive brand features of each party. Yuzoz hereby grants to You a nontransferable, nonsublicenseable, nonexclusive license during the Term to display Yuzoz’s Trademarks solely for the purpose of promoting or advertising that You use the Service in accordance with this Section 6 b. and for the purpose of fulfilling Your obligations below. You hereby grant to Yuzoz a nontransferable, nonexclusive license during the Term to use Your Trademarks to advertise that You are using the Service and to the extent as may be necessary for Yuzoz to provide you with the Service.

You expressly agree that You will not:

• display any Yuzoz Trademark in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Yuzoz, other than your use of the Connection, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of Yuzoz, its officers, directors, employees, agents or affiliates;

• use any Yuzoz Trademarks to disparage Yuzoz and/or its affiliates or any of its products or services;

• display a Yuzoz Trademark in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Yuzoz at our sole discretion;

• display any Yuzoz Trademark on a commercial site or for a commercial purpose;

• display a Yuzoz Trademark in a manner that violates any law or regulation; or

• remove, distort or alter any element of a Yuzoz Trademark (this includes squeezing, stretching, inverting, discoloring, etc.).

You understand and agree that Yuzoz has the sole discretion to determine whether your use of Yuzoz Trademarks is in accordance with the above restrictions.

7. TERM AND TERMINATION

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

b. Termination. Yuzoz may change, suspend or discontinue all or any aspect of the Connection, including its availability, at any time, and may suspend or terminate Your use of the Connection at any time.

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 Yuzoz or otherwise disparages or devalues the Yuzoz Trademarks or Yuzoz's reputation or goodwill.

c. Rejection of Request For Use of The Service. Yuzoz shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render all Terms of Use between You and Yuzoz null and void. Yuzoz shall not be liable to You for damages of any sort resulting from its unilateral decision to reject such a request.

d. Effect of Termination. Upon the termination of the Terms of Use for any reason (i) all license rights granted herein shall terminate; (ii) You shall immediately delete any and all maps images and Yuzoz Trademarks; and (iii) You shall immediately cease all use of the Key and the Service.

e. Survival. In the event of any termination or expiration of the Terms of Use for any reason, Sections two through six (2-6) shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Use in accordance with its terms.

f. Equitable Remedies. You acknowledge that Your breach of Service/license restrictions contained herein may cause irreparable harm to Yuzoz. Accordingly, You agree that, in addition to any other remedies to which Yuzoz may be legally entitled, Yuzoz 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.

g. Third Party Beneficiaries. Nothing in the Terms of Use should be construed to confer any rights to third party beneficiaries.

8. MISCELLANEOUS TERMS

a. Entire Agreement. The Terms of Use constitute the entire agreement between You and Yuzoz and govern your use of the Connection, superceding any prior agreements between You and Yuzoz. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other Yuzoz products or services, affiliate services, third-party content or third-party software.

b. Jurisdiction, Venue and Choice of Law. The Terms of Use and the relationship between You and Yuzoz shall be governed by the laws of the State of Delaware, USA, without regard to its conflict of law provisions.

c. Severability and Waiver. The failure of Yuzoz to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

d. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Yuzoz services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

home | about | developers | press | faq | terms | privacy | contact
Copyright © 2008 Yuzoz All rights reserved