Terms and Conditions for the Broadbean AdCourier API Service

Thank you for using the Broadbean AdCourier API service. By using this service ("Broadbean AdCourier API") you agree to be bound by the following terms and conditions (the "Terms and Conditions").

Licensed Uses and Restrictions:

The Broadbean AdCourier API service is made available to you for commercial use only (at work). You may only create a single account and must provide accurate identification, contact, and other information required as part of the registration process. You may not create any script or other automated tool that attempts to create multiple Broadbean AdCourier API accounts. And you may not use the information provided by the Broadbean AdCourier API service with an existing product or service that competes with products or services offered by Broadbean.

If you intend to do anything different than the foregoing, you must first obtain Broadbean.s written consent. If you fail to do so, Broadbean reserves the right to take legal action.

Furthermore, you may not use the Broadbean AdCourier API in any manner that either directly or indirectly violates any laws or proprietary rights. This includes laws and proprietary rights in the United Kingdom as well as in other countries, and also includes any applicable EAA regulations.

If you have questions on your contemplated use or if you have comments on the Broadbean AdCourier API or ideas on how to improve it, please get in touch with us. Please note that by doing so, you also grant Broadbean permission to use and incorporate your ideas or comments into the Broadbean AdCourier API and any other projects or products without compensation in any form.

You are responsible for ensuring that no more than one person uses these services under each AdCourier username. Use of the services by one person on behalf of another person is not permitted, and where such instances are found, Broadbean reserves the right to levy additional charges.

YOU SHALL NOT:

(i) use the Broadbean AdCourier API.s in connection with or to promote any products, services, or materials that constitute, promote or are used in any capacity for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods or services, hate materials, hacking/surveillance/interception/descrambling services, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, government IDs, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by government licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories, money laundering services;

(iv) sell, lease, or sublicense the Broadbean AdCourier API.s or access thereto without Broadbean's prior, express, written permission;

(v) use the Broadbean AdCourier API.s in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the Broadbean AdCourier API documentation or as determined by Broadbean in its sole discretion;

(viii) store or allow end users to store any copyrighted material which they have no permission to store;

(xi) use the Broadbean AdCourier API.s in a product or service that competes with products or services offered by Broadbean, or use the Broadbean AdCourier API.s in any mashup which includes integration with a competitor or competitive product.

Intellectual property

You agree not to remove, obscure, or alter Broadbean's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the Broadbean AdCourier API. You also acknowledge that Broadbean owns all rights, title and interest in and to the Broadbean AdCourier API, including without limitation all intellectual property rights (the "Broadbean Rights"). The Broadbean Rights include rights to the following: (1) the APIs developed and provided by Broadbean, (2) all software associated with the Broadbean AdCourier API server, and (3) the information and spell checking you obtain when you use the Broadbean AdCourier API. The Broadbean Rights do not include the following: (1) third-party components used as part of the Broadbean AdCourier API; or (2) software developed by you in conjunction with using the Broadbean AdCourier API.

Publicity

So long as you comply with your obligations under this Agreement, you may indicate that a product or service that you created either used or is based on Broadbean products provided that those products or services do not in Broadbean's reasonable opinion (1) tarnish, infringe, or dilute Broadbean's trademarks, (2) violate any applicable law, and (3) infringe any third-party rights. If you wish to use the Broadbean logo in any other manner, you must first obtain Broadbean's written consent.

Disclaimer of warranties

The Broadbean AdCourier API service is currently in beta form and has not been fully tested or debugged. Accordingly, Broadbean disclaims any responsibility for any harm resulting from your use or lack of use of it.

The Broadbean AdCourier API service is provided "as is," with no warranties whatsoever. Broadbean expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Broadbean disclaims any warranties regarding the security, reliability, timeliness, availability, and performance of the Broadbean AdCourier API.

You understand and agree that you use Broadbean AdCourier API at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of the Broadbean AdCourier API.

Limitation of liability

Under no circumstances shall Broadbean be liable to any user on account of that user's use or misuse of Broadbean AdCourier API. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, even if Broadbean has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Broadbean AdCourier API, from inability to use the Broadbean AdCourier APIs, or from the interruption, suspension, or termination of Broadbean AdCourier APIs (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

Indemnification

You hereby agree to indemnify, defend and hold Broadbean, and its officers, directors, agents, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of Broadbean AdCourier API, including, without limitation, reasonable legal fees. You shall cooperate as fully as reasonably required in the defence of any claim. Broadbean reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

Term and termination

If you wish to terminate this Agreement, you may simply cease using the Broadbean AdCourier API service. In such a case, you must delete any information that you may have obtained from the Broadbean AdCourier API service. Broadbean may terminate this Agreement (and your account) at any time, with or without cause.

General provisions

These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales, without giving effect to the conflict of laws or provisions of England and Wales or your actual state or country of residence. Any dispute arising from these Terms and Conditions shall be adjudicated in the courts. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Broadbean.

Copyright:

This site, the Broadbean corporate website, the AdCourier product site and all other websites owned or operated by or on behalf of Broadbean and all of its contents are protected by copyright pursuant to U.S. and international copyright laws. No contents may be reproduced for any purpose whatsoever without the prior written consent of Broadbean.