Effective Date: September 18th, 2014
Last Updated Date: September 8, 2016
Binding Agreement. These Terms constitute a binding agreement between Neustar Information Services, Inc. and you, the customer (“Customer”, “you”, or “your”). “Customers”, and “you” and “users” will mean all visitors to the Site. You accept these Terms each time you access the Site. If you do not accept these Terms, then you must not use the Site.
All capitalized terms, if not defined in this section, shall have the meaning as defined in this Agreement.
2. “Neustar Content” means the contents of the Neustar Offerings including but not limited to all designs, text, graphics, images, video, information, logos, button icons, software, audio files and computer code. Neustar Content includes the compilation (meaning the collection, arrangement, and assembly) of all Neustar Content.
3. “Neustar Offerings” means the Site, the Neustar API (the “API”), the Developer Platform, your use of the Neustar technology in customer facing offerings and any services made available by Neustar to Customer in connection with the Site, the API, or the Developer Platform.
4. “Developer Platform” means any Neustar developer webpages and documentation, and API software development kits (“SDKs”), app keys and access tokens.
5. “Materials” means the content that results from the Neustar Offerings provided ability to create, Post, or share content, such as behavioral data.
6. “Personal Information” means any information relating to an identified or identifiable natural person, i.e., an individual who can be identified, directly or indirectly, by reference to an identifier such as a name, address, email address, phone number, proximity data, notifications received or linked persistent identifier.
7. “Post,” “Posting” and other variations of “Post” as used in this Agreement means the act of submitting, uploading, publishing, or displaying, or any similar action, on or via any Neustar Offerings.
8. “Service Order” includes Service Addenda, Order Forms or Statements of Work provides the mutual agreement between the Parties for the specific products or services contracted for by Customer and delivered by Neustar and are subject to the terms and conditions contained in this Agreement.
9. “Site” means any website, mobile application, or Internet service under Neustar’s control, whether partial or otherwise, in connection with providing the services provided by Neustar. The Neustar Offerings provide a platform for Customer to manage and analyze end-user engagement with the physical world through the use of wireless tracking technologies and mobile devices.
10. “User(s)” means all of Customer’s users.
This Agreement and any Service Order control the delivery of Neustar Offerings.
This Agreement shall commence on the Agreement Effective Date, and shall continue until the date on which the term of the last effective Service Order terminates unless earlier terminated in accordance with the terms and conditions contained herein.
Customer represents and warrants that it has the requisite authority and corporate power and authority to enter into this Agreement and Service Orders and to carry out the transactions contemplated hereunder.
1. Customer must appoint an administrator (the “Administrator”) to register for, and manage, the Customer’s account on the Site (the “Customer Account”). Each Administrator may provide employees of the Customer (“Customer Employees”) with user accounts linked to the Customer Account (“Customer Employee Accounts”) Customer Account and Customer Employee Accounts are “Accounts.” The Administrator and Customer Employees are collectively, “Registered Users.” Customer and Administrator represent and warrant it has the consent of each Customer Employee to provide Personal Information about such Customer Employee to Neustar for use in creating Customer Employee Accounts.
2. Customer represents and warrants that the information provided to Neustar when Customer set up the Customer Account and at all other times will be true, accurate, current, and complete.
3. Anyone may visit the Site and view the publicly accessible pages without registering. If you wish to register as an Administrator, then you must create a user name and password and provide your title, email address, phone number, and mailing address. Each Customer Employee will be assigned a username and password by the Administrator.
4. Customer may not share Customer Account information with, or allow access to Customer Account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Neustar Offerings and to preserve the confidentiality of your username and password, and any device that you use to access the Site.
5. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that the Customer Account information has been compromised or that the Customer Account has been accessed by a third party, you agree to immediately notify Neustar by e-mail to firstname.lastname@example.org.. Customer will be solely responsible for the losses incurred by Neustar and others due to any unauthorized use of Customer Account.
1. Email. Customer agrees to receive email from us at the email address you provided to us for Customer service-related purposes.
2. Electronic Notices. By using the Neustar Offerings or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Neustar Offerings. If we learn of a security system’s breach, we may attempt to notify you electronically by Posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) please write to us at email@example.com.
1. Neustar may charge you a fee for use of the Neustar Offerings (the “Fee”). Any Fee will be set forth on a Service Order mutually agreed to and executed by Customer and Neustar. All payments shall be made to Neustar within thirty (30) days from the date of the invoice.
2. All monetary transactions relating to the Neustar Offerings take place in U.S. Dollars.
3. Customer is responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Neustar Offerings, except for taxes on Neustar’s income. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
1. Neustar Content. All Neustar Content and the compilation (meaning the collection, arrangement, and assembly) of all Neustar Content are the property of Neustar or its licensors and are protected under copyright, trademark, and other laws.
2. Customer License. We authorize Customer, subject to this Agreement, to access and use the Neustar Offerings and Neustar Content solely for non-commercial use, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of Neustar Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. Customer must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Neustar Content on any copy Customer makes of Neustar Content.
3. Neustar Marks. Neustar, the Neustar logo, datasnap.io logo and other Neustar logos and product and service names are or may be trademarks of Neustar (the “Neustar Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, Customer agrees not to display or use in any manner the Neustar Marks.
1. Neustar Claims No Ownership. The Neustar Offerings may provide you with the ability to create Materials. Neustar claims no ownership or control over your Materials. You or a third-party licensor, as appropriate, retain all copyright, patent and trademark rights to any of the Materials you Post on or through the Neustar Offerings. You will also retain all rights in any reports generated through your use of the Neustar Offerings from your Materials (“Reports”). You are responsible for protecting those rights.
2. Neustar’s Use of Posted Materials. By creating, Posting, or sharing your Materials on or through the Neustar Offerings, you grant Neustar a world-wide, non-exclusive, perpetual, sub-licensable, royalty-free license to use, modify, remove, publish, transmit, or display your Materials to you and the Registered Users affiliated with your Organization. You also grant us a world-wide, non-exclusive, sub-licensable, royalty-free license to reproduce and create derivative works of your Materials for use (i) solely as necessary for providing the Neustar Offerings to you and the Registered Users, and (ii) on an anonymized basis solely in connection with improving Neustar’s statistical models. Neustar reserves the right to refuse to accept, Post, display, or transmit any Materials in its sole discretion.
3. You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of the Neustar Offerings, any right, title, or interest in or to content delivered via the Neustar Offerings or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content other than rights you have in your Materials.
6. Site Content. The Site may contain content from other users and other Neustar licensors. Except as provided in this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Site.
1. Overview. If you integrate the API into your application, website or other technology, you are bound by the terms in this Section I (the “API Terms”), which govern your access to and use of the Neustar API service and the Developer Platform. In the event of a conflict between the other sections of this Agreement and the API Terms, the API Terms control.
2. Your Apps, Generally. An “API App” is any application, website, or technology that accesses Neustar’s servers through the API. API Apps must comply with the Neustar policies and requirements provided by Neustar via the Developer Platform or other documentation provided by Neustar, which may be modified from time to time. We may monitor the use of the API to ensure quality, improve our products and services, and verify your compliance with these API Terms. You will not interfere with such monitoring. We may use any technical means to overcome such interference. We may revoke access if we believe you are in violation of these API Terms in letter or spirit (or if we think your API App is otherwise bad for the Developer Platform).
3. Prohibited Actions. You and your API App must not, and must not attempt to: (i) violate, or encourage or facilitate the violation of, any aspect of this Agreement or any law; (ii) reverse engineer or attempt to extract the source code from the API or any related software, except to the extent that this restriction is expressly prohibited by applicable law; (iii) use, display, mirror or frame (including in meta-tags or hidden text) Neustar websites, or any individual element of Neustar websites, Neustar’s name, trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without Neustar’s express written consent; or (iv) mislead, confuse, or surprise Users. Your API App should be transparent with Users about what it does. For example, it shouldn't modify a User’s account settings, data, or device; store or share a User’s content; or attempt to gain any rights to Users’ content, without open and express consent from the User.
4. Platform Usage. We may sometimes review the Developer Platform (including how our Neustar Offerings are being accessed and used), but you acknowledge that we have no obligation to do so. We are not responsible for files, user posts on our forums or elsewhere, or any other information accessible through the Developer Platform. We may limit the number of calls accepted by the API if we believe that the number of calls to the API may negatively impact the API or Neustar service. Our Developer Platform is a work in progress. You should keep that in mind. It will continue to change over time as we refine and add more features with the needs of our users and developers in mind.
6. Our Products and Your Feedback. These API Terms do not grant you any rights in any of our services or software or the content accessed through them. While we appreciate it when users send us feedback, please be aware that we may, at our discretion and for any purpose, use, modify, incorporate into our products, license and sublicense, any feedback, comments, or suggestions you send us or post in our forums without any obligation to you.
7. Your Content. Our API may allow the submission of content, and except as expressly provided in this Agreement, we do not acquire any ownership of any intellectual property rights that you or your Users hold in the content that you submit to our API through your API App. By Posting content to or from the API through your API App, you grant Neustar a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute such content solely for the purpose of enabling us to provide the API and only in accordance with the applicable Neustar policies. Before you submit content to our API through your API App, ensure that you have the necessary rights (including the necessary rights from your Users) to grant us the license.
8. Other Platforms and Users. You are fully responsible for any dealings with the platforms and operating systems on which your API Apps are distributed and used, and the users of your API App. We have no obligation to provide support to users for your API Apps. Unless you have written permission to do so from Neustar, you must not state or imply any endorsement by Neustar of your API App, or other products or services, and must not make any representations about your API App, or Neustar’s products or services that are in any way false or misleading.
10. Representations and Warranties. You represent and warrant that: (i) all information you have provided and will provide to Neustar in connection with the Developer Platform is true, accurate, and complete; (ii) you have not previously had a Neustar or datasnap.io account which has been terminated by Neustar or datasnap.io (or have made us aware of that in connection with your current application); (iii) you have the full right, power and authority to make, distribute, operate, support, and promote your API App and to enter into these API Terms; and (iv) your API Apps and their contemplated uses will not violate the intellectual property rights or other rights of others or violate any laws.
11. Lawful Use. Customer covenants that any information provided to the Neustar Offerings shall have been legally obtained by Customer. Customer covenants that its use of any data or information resulting from the Neustar Offerings shall comply with all applicable laws, rules, orders and regulations. Customer shall not use the Neustar Offerings as a compliance solution in satisfaction of any federal, state, county, or local laws, rules, order, or regulations; e.g., Do Not Call, Do Not Mail, CAN-SPAM, the telemarketing Sales Rule (16 CFR Part 310). Customer shall not use the Neustar Offering or any information resulting therefrom, in whole or in part, as a factor in establishing a consumer’s eligibility for credit, insurance, healthcare, employment, or for any other “permissible purpose” as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
We appreciate hearing from our users and welcome your comments regarding the Neustar Offerings. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will:
1. Own, exclusively, all now known or later discovered rights to the Creative Ideas;
2. Not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
3. Be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
1. We do not represent or guarantee the truthfulness, accuracy, or reliability of content Posted by users on the Site. You accept that any reliance on material Posted by other users or third-party service providers will be at your own risk. By using the Neustar Offerings you accept the risk that you might be exposed to content that is objectionable orotherwise inappropriate.
2. You are solely responsible for your Materials in connection with the Neustar Offerings. Neustar does not endorse any, nor is it responsible for materials posted by other users of the Site. You assume all risks associated with your Materials, including anyone’s reliance on its quality, accuracy or reliability. You may expose yourself to liability if, for example, your Materials contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
3. You agree to use the Neustar Offerings only for their intended purpose. You must use the Neustar Offerings in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Neustar Offerings are prohibited. You may not:
1. We reserve the right to suspend or terminate your account and prevent access to all or part of the Neustar Offerings for any reason, at our discretion. We reserve the right to refuse to provide the Neustar Offerings to you in the future.
2. Neustar may review and remove any Materials at any time for any reason, including activity which, in its sole judgment: violates this Agreement; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive, or illegal; or violates the rights of, or harms or threatens the safety of, users of the Neustar Offerings.
3. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of this Agreement and your use of the Neustar Offerings.
4. Customer acknowledges and agrees that it is responsible for all use or misuse of the Neustar Offerings by its Registered Users, and a breach by any such Registered User of any term of this Agreement will be deemed a breach under this Agreement. Neustar reserves the right to immediately suspend any or all Registered Users’ access to the Neustar Offerings if Neustar believes, in its sole discretion, that a Registered User has misused the Neustar Offerings.
5. Upon any termination or suspension of access, you may lose access to any content, materials or information that you provided to Neustar related to your API App. Upon termination,
6. All provisions of this Agreement that, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
1. Changes to the Neustar Offerings. We may change, suspend, or discontinue any aspect of the Neustar Offerings at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
2. User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Neustar of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Neustar Offerings.
3. Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Neustar Offerings. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Neustar Offerings. Use the Neustar Offerings at your own risk.
4. Third-Party Websites. The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
5. Results. We make no promises and disclaim all liability of specific results from the use of the Neustar Offerings.
6. Released Parties Defined. “Released Parties” include Neustar and its affiliates, officers, employees, agents, partners, and licensors.
7. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
8. Limitation of Liability.
9. Scope of Disclaimers and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this section may not apply to you.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from:
1. Your use of or reliance on any third-party content,
2. Your use of or reliance on any Neustar Content,
3. Your breach of this Agreement,
4. Any allegation that your API Apps or the use of them infringes the intellectual property rights of any third party;
5. Any act or omission by you in connection with your use of the Developer Platform;
6. Your API App; and
7. Your collection or use of Users' information and data.
We shall provide notice to you promptly of any such claim, suit, or proceeding. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing. You may not settle any claims that limit our rights without our prior written consent (which will not be unreasonably withheld).
This Agreement constitutes the entire agreement between you and Neustar concerning your use of the Neustar Offerings and supersedes and replaces any other agreements, terms and conditions applicable to the Neustar Offerings other than a Service Order. This Agreement creates no third party beneficiary rights. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If a provision is found unenforceable, the remaining provisions of this Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. The section titles and annotations in this Agreement are for convenience only and have no legal or contractual effect. You may not assign any of your rights in this Agreement, and any attempt to do so is void, but Neustar may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with any part of the Neustar Offerings. Neustar and you are not legal partners or agents; instead, our relationship is that of independent contractors.
1. This Agreement and the relationship between you and Neustar shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. You and Neustar agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Neustar Offerings under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in Loudon County in the State of Virginia. You covenant not to sue Neustar in any other forum.
2. You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Neustar Offerings or this Agreement:
Neustar Information Services, Inc.
505 Howard St
San Francisco, CA 94105
Effective Date: September 18, 2014
Last Updated Date: September 8, 2016
information we obtain through the Site. All other terms not defined herein will have the meanings set forth in the Terms.
“Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.
The SITE Collects Your Information
We collect Personal Information when you:
We also collect information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the Site.
Personal Information Collection. You must register to use the Site. To register, you may need to provide Personal Information, such as your name, username, Organization name, title, email address, phone number, and mailing address. You may also provide other optional information.
Using the Site. We collect information you post through the Site. For example, when you submit Materials, the Site will collect the information you provide in such submissions, including any Personal Information.
Customer Support. We may collect Personal Information through your communications with our customer-support team.
Cookies, Automatic Data Collection, and Related Technologies. The Site collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics.
When you visit the Site, we and our third-party service providers receive and record information on our server logs from your browser, including your IP address, and from cookies and similar technology. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.
By using the Site, you are authorizing us to gather, parse, and retain data related to the provision of the Site.
How Neustar Uses Your Information
We use Personal Information to
We may use aggregate information for any purpose, including for marketing purposes.
Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes only and may provide it to third parties to allow us to facilitate the Site. We may use and retain any data we collect to provide and improve the Site.
Communications. We may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.
Marketing. We may use information, including Personal Information, facilitate transmittal of information that may be useful, relevant, valuable, or otherwise of interest to you.
Aggregate Data. We may anonymize and aggregate data collected through the Site and use it for any purpose.
DATASNAP May Disclose Your Information
We may share your information:
We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.
We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Site.
Displaying to Registered Users of the Same Account. The Materials you post to the Site may be displayed on the Site to the Administrator associated with your Account. The Administrator for your Account of the Site may be able to see some information about you, such as the Materials you have submitted to your Account. We are not responsible for privacy practices of the other users who will view and use the posted information.
Marketing. We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission. We may allow access to other data collected by the Site to enable the delivery of online advertising on this website, or otherwise facilitate transmittal of information that may be useful, relevant, valuable, or otherwise of interest to you.
As Required By Law and Similar Disclosures . We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect yours’, ours’, or others’ rights, property, or safety.
We may also disclose your Personal Information with your permission.
Security of Your Information
By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an e-mail to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at firstname.lastname@example.org.
We do not knowingly collect information from children under 13 and we do not want it. We will take steps to delete it if we learn we have collected it.
We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Site is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at email@example.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.
By using the Site, you will transfer data to the United States.
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Policy.
UPDATE YOUR INFORMATION OR POSE A QUESTION OR SUGGESTION
Neustar Information Services, Inc.
505 Howard St
San Francisco, CA 94105