Erie Data Systems, LLC. Exif-Search Search Service and Search Portal Customer Agreement
THIS CUSTOMER AGREEMENT IS A BINDING AGREEMENT BETWEEN Erie Data Systems, LLC. AND YOU, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, “YOU”).
Licensed Uses and Restrictions
The Exif-Search Search Service/Search Service is owned by Erie Data Systems, LLC. and is licensed to you on a non-exclusive, non-sublicensable basis on the terms and conditions set forth herein. We reserve the right to update and change these terms from time to time without notice.
You shall not:
Use the Exif-Search for public usage/public faced website.
Use the Exif-Search in any manner or for any purpose that violates any law or regulation, or any right of any person; including (but not limited to) intellectual property rights, rights of privacy, or rights of personality.
Sell, lease, or sublicense Exif-Search.
Description of Service
Exif-Search is a service that allows you to programmatically search for images through the Exif-Search index. The Exif-Search API is delivered over HTTPS and is hosted on equipment operated by Erie Data Systems, LLC.
Term, Termination and Suspension
This agreement will commence once you agree to the Exif-Search terms upon signup. It will remain in effect until terminated by you or Erie Data Systems, LLC. in accordance with the terms outlined below.
You may terminate this agreement for any reason or no reason at all, at your convenience, by providing us thirty (30) days advance written notice of termination.
We may suspend your right and license to use Exif-Search, or terminate this agreement in its entirety (and, accordingly, cease providing all services to you), for any reason or for no reason, at our discretion at any time.
We may immediately and without prior notice to you, suspend your access to Exif-Search, or terminate this agreement in its entirety (and, accordingly, your right to use all services), for any of the causes below:
You fail to obey the licensed uses and restrictions clause above.
You use Exif-Search in a way that disrupts or threatens the service.
You are in default of your payment obligations.
Erie Data Systems, LLC. receives notice or otherwise determines, at our sole discretion, that you may be using Exif-Search for any illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party.
Erie Data Systems, LLC. determines, at our sole discretion, that our provision to you of the Exif-Search service is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason.
Upon termination of this agreement for any reason: (i) you remain liable for all fees, charges and any other obligations you have incurred through the date of termination; (ii) all of your rights under this agreement shall immediately terminate.
Ownership and Relationship of Parties
Erie Data Systems, LLC. owns all rights, title, and interest in and to the Exif-Search service. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Erie Data Systems, LLC. including (but not limited to) the Exif-Search Search Service and Erie Data Systems, LLC. trademarks. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms.
Erie Data Systems, LLC. provides support for the Exif-Search Search Service only. Any integration with your systems remains your responsibility. Erie Data Systems, LLC. will attempt to address service interruptions in a timely manner. Erie Data Systems, LLC. shall use commercially reasonable efforts to provide email support to API and search portal users. Email support means the ability to make requests for technical support assistance by email at any time concerning the use of the API services.
Fees and Payments
Fees for use of Exif-Search Search Service are payable in advance. Each call you make to the Exif-Search Search Service 'search' method counts as one (1) unique search, 0 results will not be charged or counted against credits.
To ensure uninterrupted service, renewal payments must be made prior to the end of your expiration period. If your search limit is not reached by the end of its expiration period, unused search credit is not carried forward to another period.
Disclaimer of Any Warranty
ERIE DATA SYSTEMS, LLC. DOES NOT REPRESENT OR WARRANT THAT THE EXIF-SEARCH SEARCH SERVICE IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE EXIF-SEARCH SEARCH SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND ERIE DATA SYSTEMS, LLC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
YOUR USE OF THE EXIF-SEARCH SEARCH SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE EXIF-SEARCH SEARCH SERVICE INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
Limitation of Liability
ERIE DATA SYSTEMS, LLC. SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE EXIF-SEARCH COMMERCIAL API, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT ERIE DATA SYSTEMS, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL ERIE DATA SYSTEMS, LLC.'S AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY YOU IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Release and Waiver
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Erie Data Systems, LLC. and its subsidiaries, affiliates, officers, agents, licensers, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the Exif-Search Search Service. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any law principle of similar effect, to the fullest extent permitted by law.
Hold Harmless and Indemnity
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Erie Data Systems, LLC. and its subsidiaries, affiliates, officers, agents, licensers, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Exif-Search Search Service, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgements, litigation costs and attorneys' fees, of every kind and nature. Erie Data Systems, LLC. shall use good faith efforts to provide you with written notice of such claim, suit or action.