Thank you for your interest in the Visible Legacy Search API. The Visible Legacy Search API is collection of services that allow you to include maps, timelines, result lists, and other content from Visible Legacy in your web pages or applications.
Last modified: July 30, 2018
Changes to the Terms. Visible Legacy reserves the right to make changes to the Terms from time to time. When these changes are made, Visible Legacy will make a new copy of the Terms available. You understand and agree that if you use the Service after the date on which the Terms have changed, Visible Legacy will treat your use as acceptance of the updated Terms. If a modification is unacceptable to you, you may terminate this agreement by ceasing use of the Search API(s).
Accepting the Terms
In order to use the Search API(s), you must agree to the Terms by: clicking to accept the Terms, where this option is made available to you by Visible Legacy in the Service’s user interface; or using the Search API(s). You understand and agree that Visible Legacy will treat your use of the Search API(s) as acceptance of the Terms from that point onwards. You may not use the Search API(s) and may not accept the Terms if you are a person barred from using the Service under United States law. 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.
Provision of Service
You understand and agree that Visible Legacy may limit the number of transactions you may send or receive through the Service; such fixed upper limits may be set by Visible Legacy at any time, at Visible Legacy’s discretion.
The following is the Service’s "Deprecation Policy": Visible Legacy will announce if it intends to remove major features from, or discontinue, an API or the Service. Visible Legacy will use commercially reasonable efforts to continue to operate those Visible Legacy Search API versions and features without these changes until six months after the announcement, unless Visible Legacy determines in its reasonable good faith judgment that: it is required by law or third-party relationship (including changes in law or relationships) to make those changes earlier; or doing so could create a security risk or substantial economic or material technical burden.
Your Visible Legacy Account
In order to access the Service, you must have and maintain a Visible Legacy Account in good standing. You must ensure that any information you give to Visible Legacy in connection with your Visible Legacy Account or the Service will always be accurate, correct, and up to date. You will be solely responsible to Visible Legacy for your use of the Service. You must notify Visible Legacy immediately if you become aware of any unauthorized use of your password; your Visible Legacy Account; or any unique identifier that Visible Legacy requires you to use, such as an API Key or client ID (a "Developer Identifier").
Visible Legacy's Proprietary Rights
You understand and agree that Visible Legacy owns all legal right, title, and interest in and to the Service and Content, including any intellectual property rights in the Service and Content (whether those rights are registered or not, and wherever in the world those rights may exist).
You will use the Service only for purposes that: are permitted by the Terms (including the Licenses Section); are permitted by any applicable law or third-party contract in the relevant jurisdictions; and comply with all applicable policies or guidelines made available by Visible Legacy, including in the Visible Legacy Search API Platform Documentation.
"Brand Features" means trade names, trademarks, logos, domain names, and other distinctive brand features.
“Content” is information from the Site, made accessible by Visible Legacy in its sole discretion. For example, Content can include static elements, such as trademarks, images, and icons, and dynamic elements, which include, but are not limited to, images, filters, keywords, projects, collaborators, organizations, summaries, text, active links or other source identifiers, and employee or employer related information or other similar materials.
The “Marks” are trademarks, service marks, logos and trade names of Visible Legacy, including without limitation Visible Legacy’s trademark, Visible Legacy.
“Proprietary Rights" mean any and all rights, title, ownership and interest in and to copyrights, algorithms, industrial designs, trademarks, service marks, trade names, trade secrets, patents, and any other rights to intellectual property, recognized in any jurisdiction, whether or not perfected.
The "Search API Implementation" means a software application, website or other implementation that uses the Visible Legacy Search API to obtain and display Content in conjunction with Your Content.
"Your Content" means any content that you provide in your Search API Implementation, including data, images, video, or software. Your Content does not include the Content as defined above.
Licenses from Visible Legacy to You
Service License. Subject to these Terms (including Section "License Requirements" and Section "License Restrictions"), during the term of this agreement, Visible Legacy gives you a limited, revocable, non-exclusive, worldwide, personal, non-transferable, non-assignable, non-sublicensable, royalty-free license to use the Service as provided by Visible Legacy, in the manner permitted by the Terms.
Content License. Subject to these Terms (including Section "License Requirements"), and Section "License Restrictions"), during the term of this agreement, visible Legacy gives you a limited, revocable, sublicensable, royalty-free license to use the Content in your Search API Implementation, as the Content is provided in the Service, and in the manner permitted by the Terms.
Brand Features License. Grant: subject to these Terms (including Section "Brand Features Restrictions", Section "License Requirements", and Section "License Restrictions"), during the term of this agreement, Visible Legacy gives you a limited, revocable, non-exclusive, worldwide, personal, non-transferable, non-assignable, non-sublicensable, royalty-free license to display Visible Legacy’s Brand Features solely for the purposes of (i) promoting or advertising your authorized use of the Service in accordance with this Section and fulfilling your obligations under the Terms.
Brand Features Restrictions. In using Visible Legacy Brand Features, you will not: display a Visible Legacy's Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Visible Legacy (other than your use of the Service); display a Visible Legacy Brand Feature in your Search API Implementation, site, or other propert(ies) if any of them contain or display adult content or promote illegal activities, gambling, or the sale of tobacco or alcohol to persons under 21 years of age; have the Visible Legacy logo as the largest logo in your Search API Implementation, site, or other propert(ies) (except as displayed in the map image itself); display a Visible Legacy Brand Feature as the most prominent element in your Search API Implementation, on any page of your site, or on any of your other propert(ies); display a Visible Legacy Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Visible Legacy; use Visible Legacy's Brand Features to disparage Visible Legacy or the Visible Legacy Services; display a Visible Legacy Brand Feature in your Search API Implementation, site, or other propert(ies) that violate any law or regulation; or remove, distort, or alter any element of a Visible Legacy Brand Feature (including squeezing, stretching, inverting, or discoloring).
No further license grant; no challenges. Except as stated in this Section, nothing in the Terms grants or will be deemed to grant you any right, title, or interest in Visible Legacy’s Brand Features. Your use of Visible Legacy’s Brand Features (including any goodwill associated with them) will inure to Visible Legacy’s benefit. During and after the Term, and to the maximum extent permitted by applicable law, you will not challenge or assist others to challenge Visible Legacy’s Brand Features (or their registration by Visible Legacy), and you will not attempt to register any Brand Features (including domain names) that are confusingly similar to Visible Legacy’s in any way (including in sound, appearance, or spelling).
Government Restricted Rights. If the Service or Content is being used or accessed by or on behalf of the United States government, such use is subject to additional terms located in our Legal Notices page.
Determination of Compliance. Visible Legacy reserves the sole right and discretion to determine whether your use of the Service, Content, and Brand Features complies with these Terms.
Visibile Legacy’s licenses above are subject to your compliance with the following requirements:
Free access (no fees). Except with written permission from Visible Legacy, your Search API Implementation must be accessible to the general public without charge and must not require a fee-based subscription or other fee-based restricted access. This rule applies to Your Content and any other content in your Search API Implementation, whether Your Content or the other content exists now or is added later. You can require users to log in to your Search API Implementation if you do not require users to pay a fee.
Public access (no firewall). Except with written permission from Visible Legacy, your Search API Implementation must not operate only behind a firewall; or only on an internal network (except during the development and testing phase); or in a closed community (for example, through invitation-only access).
Reporting. You must implement those reporting mechanisms that Visible Legacy requires (as updated from time to time in these Terms and in the Search APIs Documentation).
Personal Data privacy. Your Search API Implementation must notify the user in advance of the type(s) of data that you intend to collect from the user or the user’s device. Your Search API Implementation must not obtain or cache any user’s personal information in any manner except with the user's prior consent. Your Search API Implementation must let the user revoke the user's consent at any time.
Content provided to you through the Service may contain the Brand Features of Visible Legacy, its strategic partners, or other third-party rights holders of content that Visible Legacy linkes to. When Visible Legacy provides those Brand Features or other attribution through the Service, you must display such attribution as provided (or as described in the Search API Documentation) and must not delete or alter the attribution. You must conspicuously display the "Powered by Visible Legacy" attribution (and any other attribution(s) required by Visible Legacy in the Search API Documentation) on or adjacent to the relevant Service search box and Visible Legacy search results. If you use the standard Visible Legacy search control, or the standard Visible Legacy search control form, this attribution will be included automatically, and you must not modify or obscure this automatically-generated attribution. You understand and agree that Visible Legacy has the sole right and discretion to determine whether your attribution(s) are in compliance with the above requirements.
Preventing Unauthorized Use. You will use all reasonable efforts to prevent unauthorized use of the Service and to terminate any such unauthorized use.
Responsibility for Breaches. You are solely responsible for (and Visible Legacy has no responsibility to you or any third party for) any breach of your obligations under the Terms and for the consequences of any such breach (including any loss or damage that Visible Legacy may suffer).
Except as expressly permitted under the Terms, or unless you have received prior written authorization from Visible Legacy, Visible Legacy’s licenses above are conditioned on your adherence to all of the restrictions below. In this Section, the phrase "you will not" means "when using the Service, you will not, and will not permit a third party to."
Administrative Restrictions. No access to APIs or Content except through the Service: you will not access the Search API or the Content except through the Service. No access to Service without applicable Developer Identifier(s): for certain versions or features of the Search API(s), Visible Legacy may require you to use a Developer Identifier to access and administer the Service. No hiding identity: you will not hide from Visible Legacy the identity of your Search API Implementation. You must follow the identification conventions in the Search APIs Documentation.
General Visible Legacy Search API Restrictions. You will not sublicense a Visible Legacy API for use by a third party. Consequently, you will not create an API client that functions substantially the same as the Visible Legacy APIs and offer it for use by third parties. You will not perform an action with the intent of introducing to Visible Legacy Services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature. You will not defame, abuse, harass, stalk, or threaten others. You will not interfere with or disrupt the Visible Legacy APIs or the servers or networks providing the Visible Legacy APIs. You will not promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements. You will not reverse engineer or attempt to extract the source code from any Visilbe Legacy API or any related software, except to the extent that this restriction is expressly prohibited by applicable law. You will not use the Visible Legacy API for any activities where the use or failure of the Visible Legacy API could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems). You will not use the Visible Legacy API to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State. You will not remove, obscure, or alter any Visible Legacy terms of service, or any links to or notices of those terms.
Restrictions on Unfair Exploitation of the Service and Content.
No use except under these Terms: you will not use the Service or Content except as expressly permitted under these Terms.
No use beyond transaction limits and usage policies: if your Search API Implementation generates a high volume of transactions, Visible Legacy reserves the right to set transaction limits, as described in the Search API Documentation. Visible Legacy also reserves the right to set other usage policies in the Documentation from time to time.
No creation of a substitute service: you will not use the Service to create a Search API Implementation that is a substitute for, or substantially similar service to, Visible Legacy Naviagtor (at https://www.visiblelegacy.com (or such other URL as Visible Legacy may provide)) or the Service.
No creation or augmentation of data sets based on Visible Legacy’s Content or Services. You will not use Visible Legacy’s Content or Services to create or augment your own dataset (or that of a third party), including a collaboration network navigation dataset, academic listings database, mailing list, or telemarketing list.
Intellectual Property Restrictions.
No distribution or sale except as permitted under the Terms: you will not distribute, sell, or otherwise make any part of the Service available to third parties except as permitted by these Terms.
No derivative works: you will not modify or create a derivative work based on any Content unless expressly permitted to do so under these Terms.
No use of Content outside the Service: you will not use any Content outside of the Service
No caching or storage: you will not pre-fetch, cache, index, or store any Content to be used outside the Service, except that you may store limited amounts of Content solely for the purpose of improving the performance of your Search API Implementation due to network latency, and only if such storage is temporary (and in no event more than 30 calendar days); is secure; does not manipulate or aggregate any part of the Content or Service; and does not modify attribution in any way.
No mass downloading: you will not use the Service in a manner that gives you or a third party access to mass downloads or bulk feeds of any Content.
No incorporating Visible Legacy software into other software: You will not incorporate any software provided as part of the Service into other software.
No removing, obscuring, or altering terms of service, links, or proprietary rights notices: you will not remove, obscure, or alter any Visible Legacy terms of service or any links to or notices of those terms, or any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.
Restrictions on Trying to Shut Down the Service. We want to make sure that the Services remain online and available for all users. To help ensure this, during the agreement term, you will not try to shut down the Services that you have been using by seeking an injunction or exclusion order.
Licenses from User to Visible Legacy
Content License. Visible Legacy claims no ownership over Your Content, and you retain copyright and any other rights you already hold in Your Content. By submitting or displaying Your Content through the Service, you give Visible Legacy a perpetual, irrevocable, non-exclusive, worldwide, sublicensable, royalty-free license to use Your Content solely for the following purposes: enabling Visible Legacy to provide you with the Service; if you opt to do so through your Search API Implementation’s features, allowing end users to use Your Content in Visible Legacy Services; and if you opt to submit Your Content through the Visible Legacy API, allowing Visible Legacy to use that content in Visible Legacy Services at Visible Legacy's sole discretion.
Marketing License. During the term of this agreement, you give Visible Legacy a non-exclusive, worldwide, sublicensable, royalty-free license to use Your Brand Features and Your Content to publicize or advertise that you are using the Service (for example, by using your marks in presentations, marketing materials, customer lists, financial reports, and website listings (including links to your website), or by creating marketing or advertising materials that show screenshots of the Service in which Your Content is featured).
Authority to Grant Licenses. You represent and warrant that you have all the rights, power, and authority necessary to grant the above licenses.
Visible Legacy Search API Pricing
Visible Legacy reserves the right at any time to charge fees for future use of or access to the Service at Visible Legacy's sole discretion. In no event will you be charged fees unless we obtain your prior agreement to pay such charges, although, if you decline to pay such charges, you may be required to remove Visible Legacy Widgets from your website, devices, or platform.
Terminating this Agreement
The Terms will continue to apply until terminated by either you or Visible Legacy as described here. You may terminate your legal agreement with Visible Legacy by removing the Search API code from your Search API Implementation and discontinuing your use of the Service at any time. You do not need to specifically inform Visible Legacy when you stop using the Service. Visible Legacy reserves the right to terminate these Terms or discontinue the Service, or any portion or feature of the Service, for any reason and at any time without liability or other obligation to you, except as described in the Deprecation Policy above and nothing in this section affects Visible Legacy's rights i the Deprecation Policy. When this legal agreement comes to an end, those Terms that by their nature are intended to continue indefinitely will continue to apply, including Visible Legacy’s Proprietary Rights; Content License; Terminating this Agreement; Exclusion of Warranties; Limitations of Liability; Indemnities; and General Legal Terms.
EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT VISIBLE LEGACY’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND VISIBLE LEGACY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE SERVICE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, VISIBLE LEGACY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND THEIR SUPPLIERS, DO NOT REPRESENT OR WARRANT TO YOU THAT:
- THE SERVICE WILL MEET YOUR REQUIREMENTS;
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- THE SERVICE WILL BE ACCURATE OR RELIABLE; AND
- DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
ANY CONTENT OBTAINED THROUGH THE VISIBLE LEGACY SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VISIBLE LEGACY, OR THROUGH OR FROM THE SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. VISIBLE LEGACY, ITS LICENSORS, AND THEIR SUPPLIERS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATIONS OF LIABILITY
SUBJECT TO EXCLUSION OF WARRANTIES, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VISIBLE LEGACY, ITS SUBSIDIARIES, AND AFFILIATES, AND VISIBLE LEGACY'S LICENSORS AND THEIR SUPPLIERS, WILL NOT BE LIABLE TO YOU FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, COMMON LAW, OR STATUTORY DAMAGES); ANY LOSS OF REVENUES OR PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); ANY LOSS OF GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST TO PROCURE SUBSTITUTE GOODS OR SERVICES; OR ANY INTANGIBLE LOSS; OR
- ANY LOSS OR DAMAGE AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY CONTENT PROVIDER WHOSE CONTENT APPEARS ON VISIBLE LEGACY SERVICES;
- ANY CHANGES THAT VISIBLE LEGACY MAY MAKE TO THE SERVICE, OR ANY PERMANENT OR TEMPORARY DISCONTINUATION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);
- THE DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;
- YOUR FAILURE TO PROVIDE VISIBLE LEGACY WITH ACCURATE ACCOUNT INFORMATION; OR
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THE LIMITATIONS ON VISIBLE LEGACY’S LIABILITY IN ABOVE WILL APPLY WHETHER OR NOT VISIBLE LEGACY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS OR THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
You will defend and indemnify Visible Legacy and its affiliates, directors, officers, employees, strategic partners, licensors, and their suppliers (the "Indemnified Parties") against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from: your use of the Service or the Content in breach of the Terms or applicable policies; your Search API Implementation, including any claim that your Search API Implementation infringes a third party’s rights or violates applicable law; or Your Content.
You will cooperate as fully as reasonably required in the defense of any allegation or third-party legal proceeding. Visible Legacy reserves the right, at its own expense, to assume the exclusive control and defense of any indemnified matter under this Section.
Copyright Policies; Content Removal
It is Visible Legacy’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act).
The Service may include hyperlinks to other websites or content or resources. Visible Legacy has no control over any websites or resources that are provided by companies or persons other than Visible Legacy. You understand and agree that Visible Legacy is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on, or available from, such websites or resources. You understand and agree that Visible Legacy is not liable for any loss or damage that you may incur as a result of the availability of those external sites or resources, or as a result of any reliance by you on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such websites or resources.
Notices. Visible Legacy may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
Assignment. Visible Legacy may assign any part of this agreement without written consent.
No Waiver. Visible Legacy will not be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms. A waiver will be effective only if Visible Legacy expressly states in a writing signed by an authorized representative that Visible Legacy is waiving a specified Term.
Third-Party Beneficiaries. Visible Legacy’s affiliates and the Indemnified Parties are third-party beneficiaries to the Terms and are entitled to directly enforce, and rely on, any Terms that confer a right or benefit to them. There are no other third-party beneficiaries to the Terms.
Entire Agreement. These Terms set out all terms agreed between the parties and supersede all other agreements between the parties relating to its subject matter.
Severability. If any term (or part of a term) of these Terms is invalid, illegal or unenforceable, the rest of the Terms will remain in effect.
Equitable Relief. You understand and agree that damages for improper use of the Search API may be irreparable; therefore, Visible Legacy is entitled to seek equitable relief, including injunctions in any jurisdiction, in addition to all other remedies it may have.
Conflicting Languages. If these Terms are translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern. Governing Law. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR ANY RELATED VISIBLE LEGACY SERVICES WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA'S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.