Website Terms and Conditions
Agreement between user and http://www.ntopic.org
Welcome to http://www.ntopic.org. The http://www.ntopic.org website (the "Site") is comprised of various web pages operated by Virante, Inc. ("Virante"). http://www.ntopic.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of http://www.ntopic.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference:
http://www.ntopic.org is a E-commerce Site
nTopic measures the relevancy of content to a particular keyword and makes recommendations on how to improve upon that relevancy.
Visiting http://www.ntopic.org or sending emails to Virante constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Virante is not responsible for third party access to your account that results from theft or misappropriation of your account. Virante and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Virante does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.ntopic.org only with permission of a parent or guardian.
You may cancel your subscription within 48 hours of purchasing. Please contact us via support with any questions.
Links to third party sites/Third party services
http://www.ntopic.org may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Virante and Virante is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Virante is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Virante of the site or any association with its operators.
Certain services made available via http://www.ntopic.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.ntopic.org domain, you hereby acknowledge and consent that Virante may share such information and data with any third party with whom Virante has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.ntopic.org users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Virante or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Virante content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Virante and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Virante or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Virante from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Virante Content accessed through http://www.ntopic.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Virante, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Virante reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Virante in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VIRANTE, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
VIRANTE, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. VIRANTE, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Virante reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Virante as a result of this agreement or use of the Site. Virante's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Virante's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Virante with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Virante with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Virante with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Virante reserves the right, in its sole discretion, to change the Terms under which http://www.ntopic.org is offered. The most current version of the Terms will supersede all previous versions. Virante encourages you to periodically review the Terms to stay informed of our updates.
Virante welcomes your questions or comments regarding the Terms:
101 J Morris Commons Lane, Suite 105
Morrisville, North Carolina 27560
Effective as of June 05, 2012
1. nTopic API
2. License to nTopic API & Data
- All calls to the nTopic API must reference the nTopic API key (the "APIKEY") issued to you as an approved licensee.
- You agree that you will provide the Virante Data to users on "as is" terms, with disclaimers substantially equivalent to those set forth in Sections 7 and 8.
- You agree to keep the APIKEY confidential, and not to share it with any third party. This license is personal to you, and any of your affiliates must seek and obtain their own license and APIKEY.
- You may present Virante Data only on a transactional basis. You will not permit your users to access Virante Data in bulk.
- You may not retain any copies of Virante Data. Your license to Virante Data is limited to making direct server calls to nTopic.org for Virante Data and to distributing Virante Data to your end users on your Web site(s) and/or application(s) immediately upon receipt by your servers.
- You may not collect personally identifiable information using the nTopic APIs from any person without obtaining such person's express, affirmative and informed consent to do so.
- You may not present the Virante Data (or permit Virante Data to be presented) so that it appears to be available from a third party Web site unless written approval is provided.
- You further agree not to otherwise reproduce, modify, distribute, decompile, disassemble, copy, create derivative works of or reverse engineer any aspect portion of the nTopic API or of any Virante Data, including source code or algorithms.
- You may not use the nTopic APIs 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 nTopic API documentation located within http://ntopic.org/api.php, as determined by Virante in its sole discretion.
- You may not use the nTopic APIs in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia) or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories.
3. License to Virante Brand & Links
You agree, and Virante grants you a license, to implement the Virante or nTopic name, logo(s), trademark, and links to nTopic.org (the "Virante Brand & Links") on any Web page incorporating the nTopic API and/or Virante Data, in accordance with the Virante Branding Requirements.
4. Acceptable Use
You agree not to use the nTopic API, Virante Data, or Virante Brand & Links in any way that is unlawful, or harms Virante, its service providers, its suppliers, your end users, or any other person, or in violation of Section 2. Further, pursuant to Section 12 below, Virante may terminate your use of the nTopic API, Virante Data and Virante Brand & Links if and when Virante determines that your use is inappropriate.
5. Limited Relationship
7. NO WARRANTY
VIRANTE PROVIDES THE NTOPIC API, VIRANTE DATA, AND VIRANTE BRAND & LINKS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIRANTE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. VIRANTE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
8. LIABILITY LIMITATION; EXCLUSIVE REMEDY
9. Intellectual Property
The nTopic API, Virante Data, and Virante Brand & Links are the property of Virante, Inc., and Virante and its applicable licensors retain all rights, title and interest (including all patent, trademark, copyright and other proprietary rights) in and to the nTopic APIs, Virante Data, and Virante Brand & Links, as well as any derivative works in connection therewith.
11. Fees and Payments
Virante reserves the right to charge fees for future use of or access to the Virante Free API or the Virante services and Web sites (collectively, "nTopic APIs Services") in Virante's sole discretion. If Virante decides to charge for the nTopic APIs Services, such charges will be disclosed to you prior to their effect, and your refusal to accept and pay such fees after receiving such notice will result in termination of your use of the nTopic API, Virante Data, and/or Virante Brand & Links. Virante will charge fees for the use of the Paid nTopic API in accordance with the individual contracts that grant access to that system to customers.
13. Choice of Law; Disputes