Terms of Service

Thomson Reuters Open Calais™ Terms of Service

1. Acceptance of Terms

Thank you for using Open Calais products and services (“Services”). Thomson Reuters provides the Services (defined below) to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. By accessing and using the Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using the Services, you and Thomson Reuters shall be subject to any posted guidelines or rules applicable to the Services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Privacy Policy) are hereby incorporated by reference into the TOS. Thomson Reuters may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply.

2. Description Of Services

Thomson Reuters provides the Services, which include a toolkit of capabilities that allow users to readily incorporate semantic functionality within blogs, content management systems, websites or applications. The Services provide the capability of automatically creating rich semantic metadata for submitted content using natural language processing (NLP), machine learning and other methods and delivering tags that can then be incorporated into other applications – for search, news aggregation, blogs, catalogs, you name it.

Thomson Reuters provides the Services for free for basic features, and offers paid upgrades for advanced features such as guaranteed service levels.

You understand and agree that the Services is provided “AS-IS” and that Thomson Reuters assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any communications or personalization settings.

3. Content Submitted

Thomson Reuters does not claim ownership of content you submit to the Services (“Content”). However, with respect to Content you submit, you grant Thomson Reuters a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify and adapt such content for the solely for the purposes of providing and generating associated metadata. This license exists only for as long as you elect to continue to provide such Content to the Services and will terminate at the time you remove or Thomson Reuters removes such Content from the Services.

4. Your Responsibilities

You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.

You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You are responsible for maintaining your use of the Services, and you are fully responsible for describing the service according to our below guidelines. Thomson Reuters may change or remove your access to the Services that it considers inappropriate or unlawful, or otherwise likely to cause Thomson Reuters liability.

When deploying or utilizing content derived from the Services on your site or within your application, you agree to (i) display the Open Calais icon logo , (ii) not make changes to the the Open Calais icon logo and (iii) hyperlink the Open Calais icon logo directly to our home page at http://opencalais.com.

By accessing the Services, you represent and warrant that (i) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content, (ii) the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing), (iii) the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party.

You are responsible for including and maintaining any PermID URIs provided by the Services or Thomson Reuters in association with metadata generated by the Services, including when making the aforementioned metadata publicly available.

You must immediately notify Thomson Reuters of any unauthorized uses of your account or any other breaches of security. Thomson Reuters will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

5. Thomson Reuters Responsibilities

Thomson Reuters has not reviewed, and cannot review, all of the material, submitted and processed by the Services, including, without limitation, the Content, and cannot therefore be responsible for that material’s content, use or effects. By operating the Services, Thomson Reuters does not represent or imply that it endorses the material there displayed, processed or returned, or that it believes such material to be accurate, useful or non-harmful. The Services may return to you content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Services may also contain content that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Thomson Reuters disclaims any responsibility for any harm resulting from the use of the service.

6. Limitations on Use

As a user of the Services, there are certain limitations on your rights to use the results of this Service. Specifically, you will (i) not use any metadata or PermIDs produced by the Services to create a metadata retrieval service similar to Services; (ii) not resell the Services; (iii) not do bulk processing where you are adding minimal value beyond adding the Services metadata to the Content (For example – if you are a web-crawler you should not send everything to the Service before sending it to your users) and (iv) be required to include any Perm ID (or any other GUIDs) produced by the Services in association with any metadata produced by the Services.

If you are an ISP or other provider of Internet connectivity you cannot use the Services in conjunction with any effort to track, monitor or analyze user behavior in any manner or for any other bench-marking or competitive purposes. Any use in conjunction with deep packet inspection or similar monitoring technologies is specifically prohibited.

If you are a competitor that provides competing offerings, services and/or products to the Services, you may not access the Services without prior written consent from Thomson Reuters. In addition, you may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other bench-marking or competitive purposes.

From time to time, in addition to or as part of the Services, Thomson Reuters may provide You access to associated Premium Metadata on a trial basis. Such associated Premium Metadata includes associated metadata that is normally provided at additional cost over the basic metadata provided for free as part of the Services and will be designated as premium metadata.

When such Premium Metadata is provided on a trial basis, it will be made solely for Your visual inspection and You agree not to undertake any activities to obtain the Premium Metadata provided on a trial basis, including any unauthorized copying, downloading, scraping, phishing and/or storing of such Premium Metadata. Any attempt to do so will be considered a violating of the present Terms of Service and Thomson Reuters reserves the right to terminate and suspect all of Your access to the Services in accordance with Section 7 herein.

As described above, the Services for basic features are provided to you for free. As such, you are permitted to create one account per household. Under the circumstances where an account is created for or on behalf of a corporate entity, only one account per corporate entity is permitted; multiple accounts create by, on behalf of or for the benefit of a corporate entity is not permitted. The ability to create multiple accounts, however, may be offered as a paid upgrade.

You shall not share your account or any login credentials, nor let anyone else access your account or do anything else that might jeopardize the security of your account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the login credentials, you must immediately notify Thomson Reuters and modify your login credentials. You are solely responsible for maintaining the confidentiality of the login credentials, and you will be responsible for all uses of the login credentials, including any purchases for upgraded service features, whether or not authorized by you. You are responsible for anything that happens through your account.

7. Termination

You agree that Thomson Reuters may, without prior notice, immediately terminate, limit your access to or suspend your access to the Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Thomson Reuters sole discretion and that Thomson Reuters shall not be liable to you or any third party for any termination of access to the Services.
Termination of your access to the Services includes any or all of the following: (a) removal of access to all or part of the offerings within the Services, (b) deletion of logon credentials and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Services.

If you wish to terminate this TOS you may simply cease utilizing the service. All provisions of this TOS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Intellectual Property and DMCA Policy

If you believe that material located on or linked to by the Services violates your copyright, you are encouraged to notify Thomson Reuters in accordance with Thomson Reuters Digital Millennium Copyright Act (“DMCA”) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Thomson Reuters or others, Thomson Reuters may, at its discretion, terminate or deny access to and use of the Services.

This TOS does not transfer from Thomson Reuters to you any Thomson Reuters or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Thomson Reuters. You agree that all of Thomson Reuters’ trademarks, trade names, service marks and other Thomson Reuters’ logos and brand features, and product and service names are trademarks and the property of Thomson Reuters (the “Thomson Reuters Marks”). Without Thomson Reuters’ prior permission, you agree not to display or use in any manner the Thomson Reuters Marks. Other trademarks, service marks, graphics and logos used in connection with the service may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Thomson Reuters or third-party trademarks.

9. Changes

Thomson Reuters reserves the right, at its sole discretion, to modify or replace any part of this TOS. It is your responsibility to check this TOS periodically for changes. Your continued use of or access to the Services following the posting of any changes to this TOS constitutes acceptance of those changes. Thomson Reuters may also, in the future, offer new services and/or features through the service or Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this TOS.

10. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. THE SERVICES ARE PROVIDED “AS-IS”. THOMSON REUTERS AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER THOMSON REUTERS NOR ITS SUPPLIERS AND LICENSORS MAKE ANY WARRANTY THAT THE SERVICES WILL BE ERROR-FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED.

b. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THOMSON REUTERS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

c. THOMSON REUTERS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNITERRUPTED; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS WILL BE CORRECTED.

d. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THOMSON REUETRS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

11. Limitation Of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THOMSON REUTERS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THOMSON REUTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE SERVICES.

12. General Representation and Warranty

You represent and warrant that (i) your use of the Services will be in strict accordance with the Thomson Reuters Privacy Policy, with this TOS, any applicable agreement between you and Thomson Reuters and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

13. Indemnification

You agree to indemnify and hold harmless Thomson Reuters, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of Content you submit, post, transmit, modify or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another.

14. General Information

Entire Agreement. The TOS constitutes the entire agreement between you and Thomson Reuters and governs your use of the Services, superseding any prior version of this TOS between you and Thomson Reuters with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Thomson Reuters services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. You and Thomson Reuters each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of New York without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Thomson Reuters, shall be brought exclusively in the courts located in the county of New York, New York or the U.S. District Court for the Southern District of new York. You and Thomson Reuters agree to submit to the personal jurisdiction of the courts located within the county of New York, New York or the Southern District of New York, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms. The failure of Thomson Reuters to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Non-Transferability. You agree that your access to the Services is non-transferable
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.