Datasnap.io - Policies

September 18th, 2014

Terms of Use

Effective Date: September 18th, 2014

Last Updated Date: September 8, 2016


A. Introduction and Eligibility

Please read these Terms of Use (“Terms”) carefully before using the Site. These Terms include Neustar Information Services, Inc.’s Privacy Policy (the “Privacy Policy”), which is incorporated by reference into these Terms.

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.

B. Definitions

All capitalized terms, if not defined in this section, shall have the meaning as defined in this Agreement.

1. “Customer Privacy Policy” means Customer’s published privacy policy governing Customer’s use of all information collected from Users which, at a minimum, allows Customer to track and share with Neustar the information Customer submits in Materials, which may include, without limitation, location information including a User’s proximity to points of interest, User IDs, demographics, device type, notifications received, in-app events, purchase data, advertising exposure data about your Users, and other Personal Information about a User.

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.

C. Agreement

This Agreement and any Service Order control the delivery of Neustar Offerings.

D. Term

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.

E. Customer Authority

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.

F. Your Account

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 datasnaphelp@neustar.biz.. Customer will be solely responsible for the losses incurred by Neustar and others due to any unauthorized use of Customer Account.

G. Communications

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 datasnaphelp@neustar.biz.

H. Fees

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.

I. Neustar’s Content Ownership and Use

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.

J. Intellectual Property Rights and Your License to Use

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.

4. You Must Have Rights to the Materials You Post. You represent and warrant that: (i) you own the Materials Posted by you on or through the Neustar Offerings or otherwise have the right to grant the license set forth in this Agreement, (ii) the Posting and use of your Materials on or through the Neustar Offerings does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person (including Users), including without limitation the rights relating to the collection of Personal Information about Users, and (iii) the Posting of your Materials through the Neustar Offerings does not result in a breach of contract (including without limitation the terms of use and the Customer Privacy Policy) between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Materials you Post on or through the Neustar Offerings. You also acknowledge and agree that your Materials that are Posted in publicly available portions of the Site are non-confidential and non-proprietary.

5. Privacy; User Terms. You will use all information collected from your Users in compliance with the Customer Privacy Policy, which, at a minimum, will allow you to track and share with Neustar the information you submit in Materials, which may include location information (including a User’s proximity to points of interest, user IDs, demographics, device type, notifications received, in-app events, purchase data and advertising exposure data about your Users.

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.

K. API Terms

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.

5. User Data Privacy. You will comply with all privacy laws and regulations including, without limitation, those applying to Personal Information. Under no circumstances will you target any end-user facing offerings to children under 13 or permit children under 13 to download an App containing Neustar technology without “Verifiable Parental Consent” as defined in the Children’s Online Privacy Protection Act (COPPA). You will provide and adhere to the Customer Privacy Policy for your API App incorporating Neustar Offerings that clearly and accurately describes to your Users what information you collect through the API App (including, without limitation, Personal Information), any information you share with Neustar (through the API App or other means such as FTP), any third-party data (e.g. demographics) that you provide to or appended by Neustar, and how you use and share such information with Neustar and third parties, and you will secure opt-in consent for such collection and use. You must comply with the terms and conditions of the Customer Privacy Policy and employ reasonable measures to protect such information including, without limitation, Personal Information. You must have the explicit opt-in consent of a Visitor to collect Precise Location Data, as defined in the 2015 Update to the NAI Mobile Application Code. You may not expose content obtained through offerings incorporating Neustar technology to other users, Users or to third parties without explicit opt-in consent from that User. You must not mislead, confuse, or surprise your Users. You will be transparent with Users about what any application incorporating Neustar Offering does. For example, your application should not modify a User’s account settings, data, or device; store or share a User’s content; or attempt to gain any rights to User’s content, without clear and conspicuous disclosure to and the affirmative consent of the User.

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.

9. Trademarks.

  1. Neustar License. Neustar hereby grants you a non-exclusive, non-transferable, non-sublicenseable, fully revocable license to use the Neustar trademarks, service marks, logos, or trade names (“Neustar Marks”) found on Neustar’s public website, solely to promote your API App in accordance with these API Terms and applicable law. You agree and acknowledge that except for the limited license above, these API Terms do not grant you any rights to the Neustar Marks and that all goodwill generated through use of such marks benefits Neustar. If you use any Neustar Marks, you will at no time contest or aid in contesting the validity or ownership of those Neustar Marks or Neustar’s rights in them, including, but not limited to, applying to register any trademark, trade name or other designation that is confusingly similar to those Neustar Marks.
  2. Developer License. You grant to Neustar a non-exclusive, non-transferable license (while you continue to support a API App), to use your trademarks, service marks, logos, tradenames (“Customer Marks”) and descriptive materials you publish about your API App solely in connection with the promotion of Neustar, and to acknowledge or promote your API App. Any use must be in accordance with applicable law and not inconsistent with your trademark usage guidelines (except to the extent they require further permission for the uses described above). Neustar agrees and acknowledges that except for the limited license above, these API Terms do not grant Neustar any rights to the Customer Marks and that all goodwill generated through use of such marks benefits you.

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.

L. Suggestions and Submissions

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.

M. User Content Disclaimers, Limitations, and Prohibitions

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 or

otherwise 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. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Neustar Offerings, user accounts, or the technology and equipment supporting the Neustar Offerings;
  2. frame or link to the Site without permission;
  3. use data mining, robots, or other data gathering devices on or through the Site;
  4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
  5. disclose Personal Information about another person, including Users, except as authorized in this Agreement and with such person’s prior permission (e.g., with such person’s acceptance of the Customer Privacy Policy), or harass, abuse, or Post objectionable material;
  6. sell, transfer, or assign any of your rights to use the Neustar Offerings to a third party without our express written consent;
  7. post advertising or marketing links or content, except as specifically allowed by this Agreement;
  8. use the Neustar Offerings in an illegal way or to commit an illegal act in relation to the Neustar Offerings or that otherwise results in fines, penalties, and other liability to Neustar or others; or
  9. access the Neustar Offerings from a jurisdiction where it is illegal or unauthorized.

N. Consequences of Violating This Agreement; Termination

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,

  1. any and all Materials or Reports residing in your Account, may be irretrievably deleted by Neustar, except to the extent that we are obliged or permitted to retain such Materials or Reports, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests, and
  2. you must cease all use of the Neustar Offerings and must stop all use, operation, support, promotion, and distribution of all of your API Apps. We advise you to export your Reports prior to terminating your Account.

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.

O. Neustar’s 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:

  1. THE NEUSTAR OFFERINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, YOUR USE IS AT YOUR OWN RISK, AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
  2. THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE NEUSTAR OFFERINGS WILL MEET YOUR REQUIREMENTS, (ii) THE NEUSTAR OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NEUSTAR OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE NEUSTAR OFFERINGS WILL MEET YOUR EXPECTATIONS OR (iv) ANY ERRORS IN THE NEUSTAR OFFERINGS WILL BE CORRECTED; AND (C) ANY MATERIAL OBTAINED THROUGH THE USE OF THE NEUSTAR OFFERINGS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

8. Limitation of Liability.

  1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, BUSINESS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF NEUSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT NEUSTAR HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE RESULTING FROM:
    1. THE USE OR THE INABILITY TO USE THE NEUSTAR OFFERINGS;
    2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE NEUSTAR OFFERINGS;
    3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE;
    4. YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR
    5. ANY OTHER MATTER RELATING TO THE NEUSTAR OFFERINGS.
  2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, BUSINESS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF NEUSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT NEUSTAR HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE RESULTING FROM:/li>
    1. THE USE OR THE INABILITY TO USE THE NEUSTAR OFFERINGS;
    2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE NEUSTAR OFFERINGS;
    3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
    4. STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE;
    5. YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR
    6. ANY OTHER MATTER RELATING TO THE NEUSTAR OFFERINGS.
  3. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE NEUSTAR OFFERINGS OR YOUR USE OF NEUSTAR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF
    1. $100 OR
    2. ANY AMOUNTS PAID BY YOU TO NEUSTAR FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.

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.

P. Indemnification

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).

Q. General Terms

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.

R. Arbitration, Class Waiver, and Waiver of Jury Trial

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:

  1. YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
  2. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
  3. YOU MUST FILE ANY CLAIM WITHIN ONE YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

Contact Information

Neustar Information Services, Inc.

505 Howard St

San Francisco, CA 94105

datasnaphelp@neustar.biz.

Privacy Policy

Effective Date: September 18, 2014

Last Updated Date: September 8, 2016


This Privacy Policy is incorporated by reference into the Neustar Information Services, Inc. Terms of Use (the “Terms ”). The term “Datasnap,” “we,” and “us” includes Neustar Information Services, Inc. and our affiliates and subsidiaries. The Privacy Policy explains how Neustar may:

  • collect,
  • use, and
  • disclose

information we obtain through the Site. All other terms not defined herein will have the meanings set forth in the Terms.

For more information about Neustar data practices please refer to Terms of Use.

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:

  • register to use the Site;
  • use the Site; and
  • communicate with us.

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

  • facilitate and improve our services; and
  • communicate with you.

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:

  • with our third-party service providers;
  • to comply with legal obligations;
  • to protect and defend our rights and property; and
  • with your permission.

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.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. The use of your Personal Information following any of the foregoing events should be governed by the provisions of this Privacy Policy in effect at the time such Personal Information was collected.

We may also disclose your Personal Information with your permission.

Security of Your Information

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

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 datasnaphelp@neustar.biz.

Children’s Privacy

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 datasnaphelp@neustar.biz. 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.

international users

By using the Site, you will transfer data to the United States.

By choosing to visit the Site or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of California and the adjudication of any disputes arising in connection with Datasnap or the Site will be in accordance with the Terms.

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

If you would like to update or correct any information that you have provided to us through your use of the Site or otherwise, or if you have suggestions for improving this Privacy Policy, please send an e-mail to datasnaphelp@neustar.biz.

CHANGES TO OUR PRIVACY POLICY AND PRACTICES

We may revise this Privacy Policy, so review it periodically.

Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective when it is posted. If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.

New Uses of Personal Information. From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

Contact Information

Neustar Information Services, Inc.

505 Howard St

San Francisco, CA 94105

datasnaphelp@neustar.biz.