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Terms and conditions
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These Terms of Service("terms", "Terms") are an outline of the services provided by this website; your obligations imposed in using the services; our rights and responsibilites in providing the services; limitations of services; and other information or statements regarding legal matters. By accessing any content available on this website, its sub-domains, directories, internal links, and/or files; by using the services provided through and/or by Gisgraphy.com, you agree that your are 18 years of age or older and further agree to be legally bound by these terms. SIGNATURE You agree to the usage of electronic signature(s) in place of your physical signature on legally binding documents executed between Gisgraphy and you. You agree not to question, challenge, or revoke such electronic signature(s) and to be bound by them whole-heartedly as your legal signature(s). You agree that electronic signature(s) obtained from you constitutes your legal signature(s) and execution of the document(s) to which it is bound and/or applied. LICENSES Some of the data used, distibuted, and provided by Gisgraphy is © OpenStreetMap (OSM) contributors. OSM Data, not including our alterations, updates, changes, and modifications and in its pure (and quite frequently inaccurate or unavailable) form can be obtained under the Open Database Licence, see www.openstreetmap.org/copyright and www.opendatacommons.org/licenses/odbl/1.0/ for more information. Guideline about the usage of OSM data can be found at http://wiki.openstreetmap.org/wiki/Open_Data_License/Geocoding_-_Guideline. Some of the data used, distributed, and provided by Gisgraphy includes data from Foursquare Quattroshapes. Foursquare Quattroshapes data, not including our alterations, updates, changes, and modifications and in its pure (and quite frequently inaccurate or unavailable) form can be obtained under CC-BY attribution license. See http://creativecommons.org/licenses/by/2.0/ and https://github.com/foursquare/quattroshapes/blob/master/LICENSE.md for more information. Some of the data used, distributed, and provided by Gisgraphy includes data from Geonames. Geonames Data, not including our alterations, updates, changes, and modifications and in its pure (and quite frequently inaccurate or unavailable) form can be obtained under Creative Commons Attribution 3.0 License. See http://creativecommons.org/licenses/by/3.0/ for more information. Some of the data used, distributed, and provided by Gisgraphy includes data from Openadresses. Openadresses Data, not including our alterations, updates, changes, and modifications and in its pure (and quite frequently inaccurate or unavailable) form are freely Shareable. Data can be copied, redistributed, and adapted. In some cases attribution is required. The license for each individual source within OpenAddresses differs. Many of the sources require attribution, and many others have a share-alike clause. Gisgraphy does not currently return license information directly, but the license and attribution requirements for each source within OpenAddresses can be determined from the machine-readable state.txt file published on the OpenAddresses website at http://results.openaddresses.io/state.txt. The collection of address files at https://github.com/openaddresses/openaddresses/tree/master/sources is in the public domain. No copyright restriction apply to this collection of address files. In case of doubt the stipulations in cc0 1.0 Universal apply : http://creativecommons.org/publicdomain/zero/1.0/legalcode. The copyright or related rights of particular datasets listed in this collection is not governed by this license. Some of the data used, distributed, and provided by Gisgraphy includes data from Royal Mail data © Royal Mail copyright and Database right [2017] : OS OpenData is free to use under the Open Government Licence (OGL) if you use the data, you can refer to the web page https://www.gisgraphy.com/attributions.html that give informations about license and attributions. You are hereby granted a non-exclusive license to use or display the information and data provided, so long as in doing so you do not violate these terms. Licensee shall not develop applications that provide an application programmable interface to the SOFTWARE PRODUCT or the SOFTWARE PRODUCT as modified. Licensee shall not develop applications that substantially duplicate the capabilities of the SOFTWARE PRODUCT or, in the reasonable opinion of David Masclet, compete with it. OTHER RESPONSABILITIES Some of Gisgraphy’s data sources include special requirements in their terms. For example, OpenStreetMap is part of most Gisgraphy services. The OpenStreetMap community has selected the Open Database License (ODbL) Share-Alike license for the project. In addition to crediting the OpenStreetMap project, any additions or changes you make to the data must be made available under the ODbL. Learn more about the Open Database License and its interpretation by OpenStreetMap board. If a Share-Alike license is a concern for you, make sure to determine if it is part of your intended use. RELEVANCE The relevance is not a warranty and is given “as is” and without any warranty of any kind, either express, implied, or arising by statute, custom, course of dealing, or trade usage. see disclaimer for Openstreetmap on this page http://wiki.openstreetmap.org/wiki/Disclaimer . See terms and conditions for geonames on this page : http://www.geonames.org/export/. You are strongly advised not to use the service as your primary or sole information source for activities that are critical in any parts. Get a second map or guide if you are unsure about the presence of hazards, or other navigational aspects. ALLOWED USAGES You MAY store the information and data in a database system for later use. You MAY use the information and data in conjunction with a mapping provider to plot or allocate aerial data onto / into a map for use on your site. WARRANTIES In providing the service(s), the provider makes no express nor implied warranty as to the accuracy, availability, or usability of the services, data, and/or information provided. You are solely responsible for verifying the accuracy of such data. We expressly and explicitly disclaim any and all responsibility for any and all consequences arising from, through, or out-of the use of our services, data, information, or site; as well as any information provided therein. You agree that the services, credits, plans or anything that you purchase from or through us have a NO-REFUND policy and that any money paid will not be refunded for any reason, what-so-ever. Please use sound judgement and budgeting in making a purchase and do not make a purchase that you cannot afford to pay for. We provide our end, you provide your end in paying for the services. DISCLAIMER OF WARRANTIES. THE GISRAPHY SERVICES AND GISRAPHY CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. GISRAPHY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT. GISRAPHY DOES NOT REPRESENT OR WARRANT THAT THE GISRAPHY SERVICES OR CONTENT, OR ANY PORTION THEREOF, IS OR WILL BE FREE OF DEFECTS OR ERRORS (OR THAT ANY SUCH DEFECTS OR ERRORS WILL BE CORRECTED), VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MEET YOUR REQUIREMENTS, OR CAPABLE OF BEING INTEGRATED INTO OR WITH YOUR COMPUTER SYSTEM, APPLICATIONS OR NETWORK. FURTHER, GISRAPHY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GISRAPHY SERVICES, OR ANY PORTION THEREOF, IN TERMS OF ITS CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, OR OTHERWISE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. IF THIS EXCLUSION IS HELD UNENFORCEABLE, THEN ALL EXPRESS AND IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO A PERIOD OF FIFTEEN (15) DAYS AFTER THE EFFECTIVE DATE, AND NO WARRANTIES SHALL APPLY AFTER THAT PERIOD. SLA The SLA is 99.9% availability within every month. If less than 99.9% availability (but more than 99%) is reached then a discount of 10% is provided. If less than 99% is reached a 50% discount is provided. For a custom packages higher SLA requirements can be arranged. QOS The subscription has a request per minute limit. It is a limit, and not a waranty even if we will ensure that you can reach the limit. request processing times vary and is dependent on the parameters provided. API KEY An API key is given for each subscription and MUST be provided for each request as a GET parameter named 'apikey'. It is the responsability of the subscriber to keep the API key secret. Be aware the fact that if you call the service directly on your web page (e.g : ajax) the API key will be present in the source of the web page. A new API key can be provided on demand. Note that the service can be restricted to a list of IP addresses - this way even if the API key is made public, the service can be used only by allowed members. VAT The price indicated in the confirmation of order is the definitive price, VAT not applicable, art. 293 B from French General Tax Code for France and countries of the EEC. Price are in Euros. INDEMNITY You agree to indemnify, defend and hold Gisgraphy and its affiliates, and each of their officers, directors, employees, agents, co-branders or other partners (as well as each of their suppliers), successors and permitted assigns (“Indemnified Parties”) harmless from and against any third party claim or action, including any liability, cost, losses, damages, expenses, and attorney’s fees, arising from or in any way related to Your access, use or participation in the Gisgraphy Services (including claims related to Your Content and any use of the Gisgraphy Services with software, data, content, systems, or other technology not provided by Gisgraphy), any violation of these Terms of Use, or any alleged infringement of a patent, copyright, trademark, trade secret, or other intellectual property right. Gisgraphy shall use good faith efforts to provide you with prompt notice of any such claim or action; provided however, you agree that, upon Gisgraphy’s written request, Gisgraphy shall control the defense or settlement of any such claim or action and you shall provide reasonable cooperation to Gisgraphy. You may not settle an indemnifiable claim without obtain Gisgraphy’s prior written consent. MODIFICATIONS TO THESE TERMS OF USE AND THE SERVICES. We reserve the right to modify, add, change, or delete portions of or otherwise change these Terms at any time without notice to you by posting the changed Terms on the Site. All changes shall be effective immediately upon posting. Please check these Terms periodically for changes. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. TERMINATION. Gisgraphy may terminate these Terms of Use and/or the provision of the Gisgraphy services at any time, for any reason, with or without notice.
