By using the website at www.factual.com or any portion of the site (the "Site") or any related services provided by Factual Inc. (including but not limited to APIs, embeds, and other off-site functionality) (the "Services"), you are agreeing to these Terms of Service. You also may be subject to additional guidelines, rules, policies or other terms of service posted on portions of the site. The Site and Services are only available to individuals who (a) are at least 13 years old and (b) either 18 years old or possess legal parental or guardian consent. Factual may, in its sole discretion, modify or revise these Terms of Service at any time, and you agree to be bound by such modifications or revisions. We will notify you by making the revised version available on this web page, and an updated revision date will indicate that changes have been made.
To use some of the features on the Site or Services, including the Factual API, you may be required to create an account. Any required fields that are submitted as part of the registration process must be accurate and complete. You are solely responsible for activity that occurs on your account. You should keep your password and/or API key confidential and agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
When using the Site or Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms. Such additional terms and guidelines include third-party licenses that may apply to other data on Factual (below).
Content. To the extent you lawfully contribute original copyrightable content (as distinguished from raw or underlying facts, data, and ideas) to Factual, you grant Factual a perpetual, worldwide, irrevocable, royalty-free license to host, serve, reproduce, distribute, and develop derivative works of such content. Also, in some cases, the use of certain content may be subject to a third-party agreement (e.g. a Creative Commons license); it is your responsibility to honor such agreements including, where applicable, to make others aware of any agreements conditioning your or their use, distribution, or manipulation of such content.
By using the Site you represent and warrant that any User Content posted by you does not contain material or links to material that infringes upon a third party's intellectual property or proprietary rights including, without limitation, copyright, patent, trademark, trade secrets, or rights of publicity or privacy. You further represent and warrant that you have all necessary rights and authority to provide and have posted on the Site the User Content, and to transfer such ownership of such User Content to Factual, and that Factual has the right but not the obligation to monitor and edit or remove any activity or User Content. You agree to accept full liability and responsibility for all User Content submitted by you or on your behalf for posting on the Site. You further acknowledge that the above language does not govern your use of Factual-owned content, marks, intellectual property, and other elements of the Site and Services. Section 9 below ("Proprietary Rights and Trademark") applies to such Factual-owned materials.
By using the Site or Services, you agree not to:
Additional terms for API usage: Factual may at its sole discretion restrict and limit access to API calls. You agree to abide by these limitations (such as daily usage quotas). You agree not to use methods (such as using multiple IP addresses) to get around these limitations. You also agree to make reasonable good faith efforts to ensure that others' uses of any tools or software you create that use the Factual API do not result in any of the prohibited uses under these Terms of Service. Factual, in its sole discretion, may at any time change the specifications of or restrict or limit access to the APIs. Factual may suspend or throttle Services until we believe the number of API calls will not exceed capacity limitations. You will not take steps to circumvent any technical measures Factual may put in place to implement throttling or suspension. You may not use the Site or the Factual API for customer or lead generation, general marketing and sales research, inclusion in paid services or real-time ad targeting (Contact Factual if you are interested in any of these use cases). Factual reserves the right, in its sole discretion, to charge fees for use of or access to specific levels of service around the Factual API or any portion of the services provided by it. If Factual decides to charge fees for Services, such fees and additional terms and conditions will be disclosed to you prior to the effective date when such fees or requirements would be imposed. If you do not agree to such charges at the time of the fee disclosure, simply discontinue your use of the Factual API. You may not use any portion of the services or data provided to you through the Factual API to (a) offer any product or service that competes with Factual, (b) provide third parties with any of the data except in conjunction with a product or service of your own, or (c) provide any of the data to third parties in bulk. You may not systematically query the Factual API in a manner to obtain and cache all Data for a given locality, Region or Country. Factual does allow for caching and storing of data provided through the Factual API, provided you delete data in compliance with all expiry headers, but encourages use of the Factual API and others services that provide more accurate and up-to-date values.
API Termination: Your license to Factual APIs under these Terms of Service continues until terminated by you or Factual. You may terminate the license by discontinuing use of the APIs. We may terminate the license to the APIs without liability at any time for any reason, with or without notice. Additionally, your rights to use the APIs will terminate immediately if you violate any of the terms and conditions herein. Upon expiration or termination of the license granted herein, you will discontinue any and all use of the Factual APIs. You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that this web site may expose you to content that may be objectionable or offensive. The site editor will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.
Factual reserves the right, at its sole discretion, to modify or discontinue the Site or Services, at any time, for any or no reason, and without notice or liability. We also schedule system downtime from time to time, and unplanned system outages may occur. We shall have no liability whatsoever for the resulting unavailability of the Site or Services or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site or Services. We reserve the right to delete or not use any data that you contribute to Factual through the website or API.
The Website. The visual interfaces, graphics, design, compilation, code, products, services, and all other proprietary elements of the Site and Services provided by Factual (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except as otherwise designated here and on the Site or Services, all Materials contained on the Site or Services are the property of Factual or its subsidiaries or affiliated companies and/or third-party licensors. Except as expressly authorized by Factual, you agree not to sell, sell access to, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the proprietary elements of the Site and Services.
Factual Marks. All trademarks, service marks, and trade names are proprietary to Factual or its affiliates and/or third-party licensors. Except as expressly authorized by Factual, you may not use or display any mark, name, trade name, or logo appearing on the site without the owner's prior consent or other legal authorization.
Embeds, Syndication, APIs. Factual hereby grants you a limited license to use its marks in association with embeddable or syndicatable features of the Site or Services, or with uses of Factual APIs, provided that your use of such features (a) does not alter or modify any brand features Factual makes available for use with such features and APIs, (b) complies with Factual's then-current brand usage policies, which Factual reserves the right to revise, in its sole discretion, from time to time, and (c) complies with all other terms and conditions herein. You shall abide by Factual's API attribution requirements, which are outlined in the Factual API documentation. Factual reserves the right to change or modify such attribution requirements.
FACTUAL IS NOT RESPONSIBLE FOR ANY INACCURACIES IN ANY MATERIALS OR DATA ACCESSED VIA THE SITE OR SERVICES REGARDLESS OF THE CAUSE: WHETHER ATTRIBUTABLE TO USERS OR TO FACTUAL'S SYSTEMS. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF SITE OR SERVICES. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY COMMUNICATION WITH OTHER USERS. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY HARDWARE AND SOFTWARE DUE TO TECHNICAL PROBLEMS ON THE INTERNET OR AT THE SITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH SITE OR SERVICES. UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF SITE OR SERVICES OR FROM ANY CONTENT POSTED ON THE SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. SITE OR SERVICES ARE PROVIDED AS-IS AND AS AVAILABLE. WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO US$50. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD AND UPLOAD OF ANY MATERIAL THROUGH THIS SITE IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. FACTUAL NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY PERSON OR ENTITY TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE OR SERVICES. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF SERVICE INURE TO THE BENEFIT OF FACTUAL INC., SHAREHOLDERS, AFFILIATES AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS AND, IN EACH CASE, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to indemnify, defend and hold harmless Factual, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Site or Services, including APIs, provided hereunder by Factual, any data you provide, any violations by you of any applicable laws or regulations, and any breaches by you of these Terms of Service.
When using the Factual Platform, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
The failure of Factual to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Factual.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service, and these Terms of Service are solely between you and Factual and are not intended to be for the benefit of any third party. If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that Factual is under no obligation to become involved. In the event that you have a dispute with one or more users or third parties, you hereby release Factual, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.
Factual is run out of the US. This Agreement shall be governed by the laws of the State of California. If you use this Site outside the USA, you are responsible for following applicable local laws.
This is the entire agreement between you and Factual relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Factual as set forth in section 1 above.