Mapfluence Attribution and Copyright Information
Mapfluence Attribution and Copyright Information
The Association of Religious Data Archives
The Council for Community and Economic Research
Tax Data Systems
Business Analytics information is proprietary to Acxiom Corporation and is protected under US copyright law and international treaty provisions. This information is licensed for your personal or professional use and may not be resold or provided to others.You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part to any third party; and you will not make such Acxiom information available in whole or in part to any other user in any networked or time-sharing environment, or transfer the information in whole or in part to any computer other than the PC used to access this information.
The Religious Congregations and Membership Study is ©2011 the Association of Religious Data Archives, principal investigators, the Association of Statisticians of American Religious Bodies
Cost of Living Index data is ©2011, C2ER.
Education.com Terms of Service
By using Education.com's SchoolFinder school data (the "SchoolFinder Data," "Data," or "Service"), Syndication Partner accepts and agrees to be bound by the following terms and conditions (the "Terms of Service"). These Terms of Service are designed to protect Education.com's rights as the owner and licensor to Urban Mapping, Inc. of SchoolFinder Data.
1. Education.com SchoolFinder Data
The SchoolFinder Data enables Syndication Partners to obtain and display local school information from Education.com's SchoolFinder database on their Websites, subject to the conditions and limitations in these Terms of Service.
2. License to the Data
Effective upon the execution of a license contract with Urban Mapping, Inc., and subject to the terms of these Terms of Service (including, without limitation, Section 4 below), Urban Mapping grants Syndication Partner a nontransfereable, nonsublicensable, nonexclusive license during the term set forth in Section 12 below (the "Term") to: (a) access the Data, and (b) display Data on Syndication Partner Website(s) for consumers or real estate professionals to access such data for their personal or professional use.
3. Branding License
For purposes of these Terms of Service, "Brand Features" shall be defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand identifiers of each party, respectively, as secured by such party from time to time. Subject to the terms of these Terms of Service, Urban Mapping hereby grants to Syndication Partner a nontransfereable, nonsublicensable, nonexclusive license during the Term to display the Education.com Brand Features for the purpose of complying with Syndication Partner obligations in Section 4(d) and for the purpose of promoting or advertising that Syndication Partner uses the Data in accordance with these Terms of Service. Syndication Partner hereby grant to Education.com a nontransferable, nonexclusive license during the Term to use Syndication Partner Brand Features to advertise that Syndication Partner is using the Data. In using the Education.com Brand Features Syndication Partner agrees that Syndication Partner will not:
a. Display an Education.com Brand Feature in any manner that implies a relationship or affiliation with, or sponsorship or endorsement by Education.com, other than Syndication Partner's use of the Data;
b. Display an Education.com Brand Feature on Syndication Partner's site if it contains or displays adult content or promotes illegal activities, gambling or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
c. Display an Education.com Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging or otherwise reasonably objectionable to Education.com; or
d. Remove, distort or alter any element of an Education.com Brand Feature.
Syndication Partner understands and agrees that Education.com has the sole discretion to determine whether Syndication Partner's use of the Education.com Brand Features is in accordance with the above restrictions.
4. Acceptable Use; Limitations
Syndication Partner agrees not to use the Data or Brand Features in any way that is unlawful, or that harms Education.com, its service providers, its suppliers, Syndication Partner's users, or any other person or entity. Urban Mapping may terminate Syndication Partner's use of the Data or Brand Features if and when Education.com reasonably determines Syndication Partner's use is inappropriate. The licenses granted to Syndication Partner herein are subject to these Terms of Service, including without limitation the following restrictions:
a. Syndication Partner agrees to provide the Data to end users on an "as is" basis, with disclaimers substantially similar to those set forth in Sections 8 and 9 of these Terms of Service.
b. Syndication Partner may not use the Data to develop a stand-alone application that substantially re-creates the functionality offered by Education.com's SchoolFinder application, www.education.com/schoolfinder/, or for the purpose of competing directly against the application.
c. Syndication Partner must clearly and conspicuously display the required Education.com Brand Features on any Web page that displays or uses the Data, in accordance with the Branding Requirements set forth in Data License Agreement entered into with Urban Mapping.
d. Syndication Partner may not, and Syndication Partner may not permit end users or any third parties to, modify, obscure or disable the Data that Syndication Partner displays on Syndication Partner's site.
e. Syndication Partner will not display or permit end users or any third parties to display the SchoolFinder Data in a manner that makes it appear to be available on a third party Website.
f. Syndication Partner may present SchoolFinder Data only on a transactional basis. Syndication Partner will not allow end users to access SchoolFinder Data in bulk.
g. Syndication Partner may not use or make available the SchoolFinder Data as part of any webpage that allows users to blog, comment, rate, or otherwise provide feedback regarding schools or related information, or as part of a webpage that promotes the availability of this type of service, on any website other than an Education.com website.
h. Syndication Partner must use industry best practices to prevent the SchoolFinder Data from being downloaded in bulk or otherwise scraped. Such efforts include "spider traps," "C.A.P.T.C.H.A.," velocity checks, source IP analysis, or other methods that are as effective.
i. Syndication Partner shall not tag links to Education.com hereunder with a "nofollow" attribute or otherwise prevent or discourage search engines from following or scoring the link.
j. Syndication Partner agrees to use the SchoolFinder Data only for purposes that are legal, proper and in accordance with these Terms of Service. By way of illustration and not limitation, Syndication Partner will not and will not permit end users or other third parties to:
i. Use or provide data elements from the SchoolFinder Data to enhance the data of any third party, including by generating any Secondary Works using SchoolFinder Data;
ii. Use the SchoolFinder Data for direct marketing or telemarketing purposes;
iii. Knowingly transmit any viruses, worms, defects, Trojan horses or any like items of a destructive nature.
k. Syndication Partner agrees to refrain from reproducing, modifying, or distributing to a third party entity any portion of the SchoolFinder Data, except that Syndication Partner may display SchoolFinder Data, under these Terms of Service, to a third party entity.
l. Syndication Partner is solely responsible for providing user support and any other technical assistance for any implementation of the SchoolFinder Data in Syndication Partner's Website.Education.com is under no obligation to provide Syndication Partner or Syndication Partner's end users with user support or any other technical assistance.
m. If Syndication Partner becomes aware that any user of its implementations of the SchoolFinder Data is in material breach of these Terms of Service (including, without limitation, the Branding Requirements), Syndication Partner agree to notify Urban Mapping promptly, and to take prompt, commercially reasonable action at Syndication Partner's expense to remedy the breach.
6. Limited Relationship
Nothing in these Terms of Service shall be construed as creating an employer-employee relationship, partnership, joint venture, or any relationship between Education.com and Syndication Partner, except as expressly provided by this terms of service. Syndication Partner may publicly indicate that Syndication Partner have implemented the Education.com SchoolFinder Data on Syndication Partner Website(s); however, Syndication Partner agrees not to make any other public statements that assert or imply any other relationship with Education.com without Education.com's prior written consent.
Syndication Partner agree to defend, hold harmless and indemnify Education.com, and its subsidiaries, affiliates, officers, agents, employees, suppliers, licensors and partners from and against any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature arising from or in any way related to (i) Syndication Partner's or Syndication Partner's users' use of the SchoolFinder Data or Brand Features, (ii) violation by Syndication Partner of these Terms of Service or other action's connected to Syndication Partner's use ofthe Service. In such a case. Education.com will provide Syndication Partner with written notice of such claim, suit or other action.
8. No Warranty
EDUCATION.COM PROVIDES THE SCHOOLFINDER DATA AND BRAND FEATURES "AS IS,''WITH ALL FAULTS'' AND "AS AVAILABLE.'' THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH SYNDICATION PARTNER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EDUCATION.COM EXPRESSLY DISCLAIMS ANI-Y AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY. FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NONINFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED ORERROR-FREE ACCESS OR USE.
9. Liability Limitation; Exclusive Remedy
IN NO EVENT WILL EDUCATION.COM BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUIENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF SERVICE OR SYNDICATION PARTNER OR SYNDICATION PARTNER'S USERS' USE OF TIIE SCHOOLFINDER DATA, OR BRAND FEATURES, EVEN IF EDUCATION.COM HAS BEEN ADVISED OF TTIE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF SYNDICATION PARTNER'S EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF SYNDICATION PARTNER DOES NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE, OR SYNDICATION PARTNER HAS ANY DISPUTE OR CLAIM AGAINST EDUCATION.COM WITH RESPECT TO THESE TERMS OF SERVICE OR THE SCHOOLFINDER DATA, SYNDICATION PARTNER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SCHOOLFINDER DATA AND BRAND FEATURES.
10. Intellectual Property
For purposes of these Terms of Service, "Intellectual Property Rights" shall mean any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. Syndication Partner acknowledges that Education.com or its licensors owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the SchoolFinder Data, and that Syndication Partner shall not acquire any right, title or interest to the SchoolFinder Data or any Intellectual Property Rights therein.
11. Term and Termination
a. Term. The term of the Terms of Service shall be defined by the [Data Licensing Agreement entered in to with Urban Mapping, unless and until terminated as provided herein.
b. Termination. Urban Mapping may suspend or discontinue the Service, including its availability and may suspend or terminate Syndication Partner's use of the Service (i) in the event of a material breach of these Terms of Service, if that breach is not remedied within 15 days of notification that the breach has occurred, or (ii) within nine (9) months from the termination, for any reason, of Urban Mapping's rights to license SchoolFinder Data from Education.com.
c. Effect of Termination. Upon the termination of the Terms of Service for any reason (i) all license rights granted herein shall terminate and (ii) Syndication Partner shall immediately delete any and all SchoolFinder Data and Brand Features in the possession or control of Syndication Partner or Syndication Partner's affiliates or available on or through any Website controlled by Syndication Partner or Syndication Partner's affiliates.
d. Survival. In the event of any termination or expiration of the Terms of Service for any reason, Sections 6 through 13 shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Service in accordance with its terms.
e. Remedies. Syndication Partner's breach of the license terms contained herein may cause irreparable harm to Education.com, the extent of which would be difficult to ascertain. Accordingly, Syndication Partner agrees that, in addition to any other remedies to which Education.com may be legally entitled, Education.com shall have the right to seek immediate injunctive relief in the event of a breach of such sections by Syndication Partner or any of Syndication Partner's officers, employees, consultants or other agents.
f. Third Party Beneficiaries. Nothing in the Terms of Service should be construed to confer any rights to third party beneficiaries.
12. Choice of Law; Disputes
These Terms of Service and the relationship between Syndication Partner and Education.com shall be governed by the laws of the State of California, without regard to its conflict of law provisions. Syndication Partner and Education.com agree to submit to exclusive jurisdiction of the courts located in Santa Clara County, California, for any and all disputes, claims and actions arising from or in connection with the SchoolFinder Data or these Terms of Service.
Syndication Partner represents that it has the authority to enter into these Terms of Service as a binding agreement. Syndication Partner agrees not to export to any place any part of the SchoolFinder Data and Brand Features provided to Syndication Partner or any direct product thereof except in compliance with, and with all licenses and approvals required under applicable export laws, rules and regulations. If provided to the U.S. government, the SchoolFinder Data and Brand Features are provided with the commercial license rights described herein. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service will continue in effect. The section titles in these Terms of Service are solely for the convenience of the parties and have no legal or contractual significance. Education.com may assign these Terms of Service, in whole or in part, at any time with or without notice to Syndication Partner. Education.com's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Election data is ©2011 Dave Leip.
Certain demographics, consumer expenditures and segmentation models are ©2011 GeoLytics, Inc.
Telecommunications industry data ©2011 GeoTel Communications.
Pop Facts demographic data, PRIZM consumer segmentation distributions and related products are ©2011 Nielsen Claritas Inc.
Mapfluence Contains information from OpenFlights, which is made available here under the Open Database License (ODbL).
OSM data ©2011 OpenStreetMap contributors, Creative Commons Attribution and Share Alike License.
Tax Data Systems' sales and use tax database are ©2011 Tax Data Systems.
US ZIP code data ©2011 TTG, Inc.
Certain map, geographic and attribute data are All Rights Reserved ©2011 Urban Mapping Inc.