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Terms of Use

Terms of Use

PLEASE READ CAREFULLY

The alchemyapi.com website and the AlchemyAPI services offered on this website (“AlchemyAPI Service” or “AlchemyAPI Services”) are owned and operated by International Business Machines Corporation (“IBM” or “we”) as part of its IBM Watson technology. This web page describes the terms and conditions governing your ("you", "You", "Your") use of the AlchemyAPI Services and this website. By accessing this website or any AlchemyAPI Service, you signify that you have read, understood, and agree to be bound by these terms and all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this web site or the AlchemyAPI Services.

These Terms of Use represent a legal agreement between you and IBM for the use of this website and the AlchemyAPI Services, and do not affect or amend any other contracts you may have with IBM for other offerings or items.

1. License

IBM grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license to access and use the AlchemyAPI Services as described below for personal or business purposes provided you comply with these Terms of Use. You may only use a crawler to crawl this website as permitted by this website’s robots.txt protocol, and IBM may block any crawlers in its sole discretion. All other use of this site or the AlchemyAPI Services is prohibited.

YOU MAY NOT ACCESS THE ALCHEMYAPI SERVICES IF YOU ARE A COMPETITOR, EXCEPT WITH PRIOR WRITTEN CONSENT FROMIBM. IN ADDITION, YOU MAY NOT ACCESS THE SERVICES FOR PURPOSES OF MONITORING THEIR AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES

Except for the limited permission above, IBM does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights.

2. Attribution

When using AlchemyAPI, or content generated via the AlchemyAPI, for any purpose, you agree to:

2.1
Provide attribution to IBM Watson within any published works that are based on or mention the AlchemyAPI Services, or content generated through use of an AlchemyAPI Service, including but not limited to research papers and journal articles.

2.2
Provide attribution to IBM Watson within all web pages or documents where content and/or API results from use of the AlchemyAPI Services are used or displayed.

Modifications of these TOU

We may from time to time modify these terms of use and will post a copy of the amended Agreement at http://www.alchemyapi.com/company/terms.html. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the AlchemyAPI Services. You will be deemed to have accepted the Agreement as amended if you continue to use any of the AlchemyAPI Services after any amendments are posted on the Site.

Model Improvements

The underlying learning models in the AlchemyAPI Services may be periodically modified by IBM, based on learning, in order to improve its performance.

3. Restrictions

You agree that you will not:

4.1
Access or reverse engineer the AlchemyAPI Service in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, or functions of the AlchemyAPI Service, or (iii) copy any ideas, features, or functions of the AlchemyAPI Service;

4.2
Publish or perform any benchmark or performance tests or analysis relating to the AlchemyAPI Service or the use thereof without express authorization from IBM;

4.3
Utilize the information provided by the AlchemyAPI Services to create a similar service, including but not limited to: text analysis services, meta-data extraction, retrieval, or entity extraction services, and content categorization services;

4.4
Create or use multiple AlchemyAPI keys;

4.5
Republish information provided by the AlchemyAPI Services in a bulk format;

4.6
Use the AlchemyAPI Services to reproduce copyrighted materials;

4.7
Make the AlchemyAPI Services available over a network (other than this website) where it could be used by others;

4.8
Translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the AlchemyAPI Services, features or ideas from the AlchemyAPI Services, or any portion of them;

4.9
Circumvent any technology used by IBM or its licensors to protect information accessible via the AlchemyAPI Services;

4.10
Sell, rent, lease, transfer, or sublicense any of the AlchemyAPI Services;

4.11
Utilize or enable a third party to utilize AlchemyAPI via any means that bypasses this agreement or the AlchemyAPI API Key registration process, including but not limited to: proxy servers, spiders, scraping robots, or other technology;

4.12
Distribute, facilitate, or enable access to AlchemyAPI Services in any manner deemed by IBM in its sole discretion to be objectionable or harmful to IBM’s business or reputation;

4.13
Use the AlchemyAPI Services in conjunction with deep packet inspection and/or any form of network surveillance technology;

4.14
Use the AlchemyAPI Services to monitor Internet and/or other telecommunications traffic; or

4.15
Use the AlchemyAPI Services in any way that violates the terms of this Agreement

Copyrights

As between you and IBM, you acknowledge that IBM owns or has a license to all title and copyrights in and to the AlchemyAPI Services. All title and intellectual property rights in and to the content available through the AlchemyAPI Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

You understand that IBM may retain a copy of the metadata generated by the AlchemyAPI Services. By generating metadata through the AlchemyAPI Services, you grant IBM a non-exclusive perpetual, sub-licensable, royalty-free license to that metadata. IBM's use of this metadata is governed by the terms of the IBM Online Privacy Statement.

In order to improve or enhance the AlchemyAPI Services, or to develop new services, IBM may use the content and data that you provide to the AlchemyAPI Services. By using the AlchemyAPI Services, you agree, and agree to notify your end users who use your application, that IBM may access, use, copy, distribute internally, and extract, compile, synthesize, analyze and otherwise make derivative works of your content and of your end user’s content and data to improve or enhance the AlchemyAPI Services, or to develop new services. Neither you nor your end users will not be identified in any such enhancements or new services.

Please note that IBM does not retain the raw textual content submitted to the AlchemyAPI Service and does not claim copyright or license for any submitted content.

Confidential Information

IBM does not want to receive confidential or proprietary information from you through this website. Please note that any information, material or feedback submitted to this website will be deemed NOT to be confidential. IBM may use for any purpose without restriction any feedback and suggestions that you or your end users provide. You represent and warrant you will obtain all required authorizations prior to providing the content, data, suggestions and feedback to the AlchemyAPI Services.

4. API Key

IBM will provide you with an API Access Key that will enable you to access the AlchemyAPI Services to perform up to 1,000 transactions per day. Your use of this API Access Key is governed by the terms of this agreement. Your API Access Key should be considered private information and should not be provided to any person. Failure to abide by these terms may result in the termination of your access to AlchemyAPI Services.

5. IBM Trademarks and Third-party Trademarks

IBM and AlchemyAPI are trademarks of IBM Corporation registered in many jurisdictions worldwide. Other product and service names might be trademarks of IBM or other companies. A current list of IBM trademarks is available on the Web at "Copyright and trademark information" at www.ibm.com/legal/copytrade.shtm. The AlchemyAPI Services may contain third-party trademarks, service marks, graphics, and logos. Except as explicitly provided above, you are not granted any right or license with respect to IBM’s trademarks or the trademarks of any third party.

6. Limited Relationship

You and IBM are independent contractors, and nothing in these Terms of Use shall be construed as creating an employer-employee relationship, a partnership, or a joint venture. While you may publicly refer to the fact that you have implemented the AlchemyAPI Services, you agree not make any other public statements that assert or imply any other relationship with IBM, unless you have IBM's prior written approval.

7. Privacy Policy

Unless otherwise addressed in this Agreement, the AlchemyAPI Services are subject to IBM's Online PrivacyStatement, that can be found at http://www.ibm.com/privacy/us/en/?lnk=flg-priv-usen?lnk=flg and that by reference is made a part of this Agreement. It is important that you read and understand the terms of IBM's Online Privacy Statement. IBM may cooperate with and disclose information (including your account information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the AlchemyAPI Services.

8. Indemnification

You agree to hold harmless and indemnify IBM, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users' use of the AlchemyAPI Services, use of the AlchemyAPI and IBM Watson brands and link other than as set forth in the Attribution section above, violation of these Terms of Use or other actions connected with use of AlchemyAPI Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, IBM will provide you with written notice of such claim, suit or action.

9. Disclaimer of Warranty

THIS SITE, THE MATERIALS, DATA, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SERVICE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IBM, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE ALCHEMYAPI SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Termination

Your failure to comply with these Terms of Use will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.
IBM has the right (though not the obligation) to, in IBM's sole discretion:

(a) refuse to provide the AlchemyAPI Services to you, if it in IBM's reasonable opinion violates this agreement or is in any way harmful or objectionable, or;

(b) immediately terminate or deny access to and use of the AlchemyAPI Services to any individual or entity for any reason, at IBM's sole discretion.

12. Digital Millenium Copyright Act Notices

Please see IBM’s Digital Millennium Copyright Act Policy.

13. Force Majeure

IBM shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond IBM's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

14. Governing Law

By using the Services, you agree that the laws of the State of New York, without regard to principles of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. The parties expressly exclude application of the United Nations Convention for the International Sale of Goods to this Agreement.

15. Data Privacy and Sharing

This website has implemented and uses Display Advertising using Remarketing through Google Analytics. You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using Ads Preference Manager. You can also install a Google Analytics opt-out browser add-on: https://tools.google.com/dlpage/gaoptout/

Alchemyapi.com uses Remarketing with Google Analytics to advertise online. Third-party vendors, including Google, show AlchemyAPI ads on sites across the Internet. IBM and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone's past visits to your website.