Terms and Conditions
Updated: July 1, 2014
The Services are operated in Canada in the province of Ontario. Primal does not represent that content or materials presented on or through the Services are appropriate or available for use in other locations or jurisdictions. If you access the Services from a jurisdiction other than Canada, you agree that you do so on your own initiative, and are responsible for compliance with local laws.
1.1 Misuse: You may not misuse the Services. For example, do not interfere with Primal Services or try to access them using a method other than the interface and instructions provided by Primal. You may use the Services only as permitted by law, including applicable export and re-export control laws and regulations.
1.2 Termination: You agree that Primal may, in its sole discretion, immediately terminate your Primal account and access to the Services without prior notice. You agree that Primal shall not be liable to you nor any third party for any termination of your account or access to the Services. Without limiting the foregoing, Primal will terminate your use of the Services upon:
b. A request by law enforcement or other government agencies.
c. A request by you (self-initiated account cancellations).
d. Unexpected technical issues or problems.
e. Extended periods of inactivity.
1.3 Modifications: Primal is constantly changing and improving the Services. Primal may add or remove functionalities or features, and may suspend or stop a Service altogether. You can stop using the Services at any time. Primal may also stop providing Services to you, or add or create new limits to the Services at any time.
1.4 System Outages: Primal periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Primal shall have no liability whatsoever for:
a. The resulting unavailability of the Services.
b. Any loss of data or transactions caused by planned or unplanned system outages.
c. Any resultant delay, misdelivery, or non-delivery of information caused by system outages.
d. Any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Services.
1.5 Usage Limitations: Primal may limit the number of network calls that your application may make, and/or the maximum file size, and/or the maximum content that may be accessed, or anything else about the Services and the content it accesses that Primal deems appropriate in its sole discretion. Primal may change such usage limits at any time and without notice to you. In addition to its other rights under these Terms, Primal may utilize technical measures to prevent overuse and/or stop usage of the API by an application after any usage limitations are exceeded.
1.6 Communications: In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of those communications by sending a message to firstname.lastname@example.org.
2. User Accounts
2.2 Passwords: If you are a Registered Member, you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. You agree to immediately notify Primal of any unauthorized use of your password or account or any other breach of security. Primal cannot and will not be liable, directly or indirectly, for any loss or damage arising from your failure to comply with this section.
2.3 Age Restriction: The Services are intended for a general audience. However, children under the age of 13 years are not, without the consent from the child’s parent or legal guardian, permitted to register as a Registered Member. Parental consent must be verified by an email from the parent to email@example.com that explicitly grants such parental consent and provides a phone number at which the parent can be reached to validate such consent.
Primal offers you several data plans, each with varying limits on the number of calls you can make to Primal’s API. Your purchase of a data plan is, barring circumstances deemed exigent by Primal, non-refundable. Because we disclaim warranties of any kind when we provide our Services and our Services are provided “as is,” the quality of any goods or services (including the quality of content or data included within the scope of any purchased goods or services) we provide you cannot be the basis for any refund.
Further, your purchase of a plan provides you with the ability to make a certain number of calls within or the capacity to provision a predetermined number of individual user accounts for a predetermined period (e.g. until the end of the month). If, at the conclusion of this period, you have not made the number of calls or provisioned the number of accounts afforded to you by your plan, i.e. there is a balance of unused purchased calls or provisioned accounts, you shall not be entitled to a refund (prorated or otherwise) on that balance of unused purchased calls.
3. Permissions, Ownership and Licenses
3.2 Ownership: As between you and Primal, Primal retains all right, title, and interest, including without limitation all intellectual property rights, in and to the Services and any and all elements and components thereof, including content, technology, software, code, user interfaces, and any derivative works and/or compilations thereof or relating thereto unless otherwise provided. All trademarks, service marks, patents, copyrights, trade secrets and other proprietary rights belonging to Primal will, unless otherwise provided, remain as such, whether or not specifically recognized or perfected under any applicable law. No patent or patent application to which Primal possesses an ownership interest is assigned, granted, conveyed, or licensed to you in the absence of a dedicated agreement provision laying out terms of that assignment, grant, conveyance or license. Patents and/or patent applications to which any transfer of rights occur must be explicitly recited in said agreement provision by patent grant number or patent application number. Transfer of Primal’s technology in, or pursuant to, any exchange is not intended as, and shall not be construed as, an implicit assignment, grant, conveyance or license to any Patent or Patent application. Primal’s technology may include but is not limited to all processes, methods formulae, source code, know-how, improvements, discoveries, developments, designs and techniques, other works of authorship owned, operated, distributed or authorized to be distributed by or through Primal worldwide.
3.5 Trade and Service Mark Rights: All rights in the product names, company names, trade names, logos, and designs of Primal or third party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Primal or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited.
3.7 Third Party Licenses: Any content owned by a third party that is provided in the Services will be governed by the license and terms set forth by that third party. Further, Primal’s semantic data, as distinguished from its source code or algorithms, in some instances, may be offered under an open source license. In such instances, the terms of the open source license shall govern where applicable. Creative Commons Attribution-ShareAlike License 3.0 and Creative Commons Attribution 3.0 License are examples of open source licenses that may apply to some instances of semantic data generated by Primal.
4. Copyright and Privacy
4.1 Copyright: Primal respects the intellectual property of others and we ask our users to do the same. Pursuant to the (U.S.) Digital Millennium Copyright Act, 17 U.S.C. 512, Primal has designated an agent to receive notifications of alleged copyright infringement. Primal has designated the following agent:
Attention: Copyright Agent
605 – 305 King Street West
Kitchener, Ontario N2G 1B9
If you wish to notify Primal of an alleged copyright infringement, or if you are the valid copyright owner to a logo or graphic image in use by Primal (whether submitted by you or a third party) in connection with the Services, you may contact Primal as set forth above and request that we remove such materials.
6. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PRIMAL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRIMAL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT:
a. ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS.
b. ANY OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
c. INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, AND ANY RESULTS OF USE OF THE FUNCTIONALITY OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE.
d. THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT MAY BE OFFERED AND SUBSEQUENTLY PURCHASED OR OBTAINED BY YOU THROUGH PRIMAL WILL MEET YOUR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
PRIMAL MAKES NO REPRESENTATIONS ABOUT THE CONTENT SOURCES AND THEIR USAGE CONDITIONS.
7. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PRIMAL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, USER CONTENT, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PRIMAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
a. THE USE OR THE INABILITY TO USE THE SERVICES.
b. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND ANY OF THE SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES.
c. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
d. STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES.
e. ANY OTHER MATTER RELATING TO THE SERVICES OR PRIMAL.