Calais Web Service Terms of Service

The Gist

Thomson Reuters operates a service called Calais. Our basic service is free, and we offer paid upgrades for advanced features such as guaranteed service levels. Our service is designed to enhance content submitted to it by analyzing that content and returning relevant metadata regarding that content to the user. The service stores the provided and derived metadata and makes it available to others provided they possess the appropriate Globally Unique Identifier (GUID). In order to use the Calais Service, you must agree to the terms below.

Calais Terms of Service

The following terms and conditions govern all use of the services and products available at or through the opencalais.com website, including, but not limited to, the hosted Calais metadata generation and retrieval services, sample code, or Calais-developed applications.

The Calais service is owned and operated by Thomson Reuters. The service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Calais's and Thomson Reuters' Privacy Policy) and procedures that may be published from time to time on this site by Thomson Reuters (collectively, the "Agreement"). Please read this Agreement carefully before accessing the Calais services or products.

By accessing the Calais Web Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, you may not access the Calais Web Service.

1. Your Calais service. If you access the Calais service, you are responsible for maintaining your use of the service, and you are fully responsible for describing the service according to our below guidelines. Thomson Reuters may change or remove your access to any Calais service that it considers inappropriate or unlawful, or otherwise likely to cause Thomson Reuters liability.

• Service Description. When deploying or utilizing Calais-derived content on your site or within your application, you agree to display the Calais icon logo.
• Service Icon/Logo Display. When deploying or utilizing Calais-derived content, you agree not to make any changes to the shape and size of the Calais logo.
• Service User Interface Display. When a reader clicks on the Calais icon logo you agree to hyperlink that logo directly to our home page at http://opencalais.com

2. Responsibility of posting users. You are a posting user if you submit content to the Calais service using your Calais-assigned license key. By requesting a license key or accessing the Calais service, you represent and warrant that:

• The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
• The Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing).
• The Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party.
• You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Calais or otherwise.
• You must immediately notify Thomson Reuters of any unauthorized uses of your account or any other breaches of security. Thomson Reuters will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

You understand that Thomson Reuters will retain a copy of the metadata submitted by you or that generated by the Calais service. By submitting or generating metadata through the Calais service, you grant Thomson Reuters a non-exclusive perpetual, sublicensable, royalty-free license to that metadata. From a privacy standpoint, Thomson Reuters' use of this metadata is governed by the terms of the Thomson Reuters and Calais Privacy Statements.

3. Responsibility of retrieving users. You are a retrieving user if you retrieve previously posted metadata from the Calais service using a Calais-generated Universal Resource Identifier. By accessing the Calais service, you represent and warrant that: You will limit your retrievals to either 1) metadata stored on Calais that was posted by you, or 2) metadata stored on Calais for which you have been provided the GUID key by the individual submitting the content. You will not attempt to retrieve content by the submission of random keys.

4. Responsibility of All Users. Thomson Reuters has not reviewed, and cannot review, all of the material, stored in the Calais Web Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Calais Web Service, Thomson Reuters does not represent or imply that it endorses the material there displayed or stored, or that it believes such material to be accurate, useful or non-harmful. The Calais service may store and return to you content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Calais service may also contain content that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Thomson Reuters disclaims any responsibility for any harm resulting from the use of the service.

5. Limitations on Use. As a posting or retrieving user of the Calais service there are certain limitations on your rights to use the results of this service. Specifically:

• If you syndicate, publish or otherwise transmit any content containing, enhanced by or derived from Calais-generated metadata you will use your best efforts to incorporate the correct Calais-provided Globally Unique Identifier (GUID) in that content. You specifically agree not to attach incorrect GUIDs to your content with any intent to mislead, spam, spoof, phish or otherwise deceive downstream consumers of your content.
• You will not use any metadata or GUIDs produced by Calais to create a metadata retrieval service similar to Calais. To ensure the quality of metadata for all Calais users we want to maintain a single verifiable metadata storage location.
• You will not resell the service.
• You will not do bulk processing where you are adding minimal value beyond adding Calais metadata to the content. For example – if you are a webcrawler you should not send everything to Calais before sending it to your users.
• If you are an ISP or other provider of Internet connectivity you cannot use Calais in conjunction with any effort to track, monitor or analyze user behavior in any manner.
• Any use in conjunction with deep packet inspection or similar monitoring technologies is specifically prohibited.

6. Service Termination. Without limiting any of the above representations or warranties, Thomson Reuters has the right (though not the obligation) to, in Thomson Reuters' sole discretion (i) refuse to provide the Calais service to you, if it in Thomson Reuters' reasonable opinion violates any Calais policy or is in any way harmful or objectionable, or (ii) immediately terminate or deny access to and use of the Calais service to any individual or entity for any reason, in Thomson Reuters' sole discretion.

7. Copyright Infringement and DMCA Policy. If you believe that material located on or linked to by the Calais service violates your copyright, you are encouraged to notify Thomson Reuters in accordance with Thomson Reuters' Calais Digital Millennium Copyright Act ("DMCA") Policy. Reuters will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Thomson Reuters or others, Thomson Reuters may, at its discretion, terminate or deny access to and use of the Calais service.

8. Intellectual Property. This Agreement does not transfer from Thomson Reuters to you any Thomson Reuters or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Thomson Reuters. Calais, Opencalais.com, the Calais logo, and all other trademarks, service marks, graphics and logos used in connection with the Calais service, or the Website are trademarks or registered trademarks of Thomson Reuters. Other trademarks, service marks, graphics and logos used in connection with the service may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Thomson Reuters or third-party trademarks.

9. Changes. Thomson Reuters reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Calais service following the posting of any changes to this Agreement constitutes acceptance of those changes. Thomson Reuters may also, in the future, offer new services and/or features through the service or Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

10. Termination. Thomson Reuters may terminate your access to all or any part of the Calais service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply cease utilizing the service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. Disclaimer of Warranties. The Calais service is provided "as is." Thomson Reuters and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Thomson Reuters nor its suppliers and licensors makes any warranty that the Calais service will be error-free or that access thereto will be continuous or uninterrupted.

12. Limitation of Liability. In no event will Thomson Reuters, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. Thomson Reuters shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

13. General Representation and Warranty. You represent and warrant that (i) your use of the Calais service will be in strict accordance with the Calais and Thomson Reuters Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside) and (ii) your use of the Calais service will not infringe or misappropriate the intellectual property rights of any third party.

14. Indemnification. You agree to indemnify and hold harmless Thomson Reuters, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Calais service, including but not limited to out of your violation this Agreement.

15. Miscellaneous. This Agreement constitutes the entire agreement between Thomson Reuters and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Thomson Reuters, or by the posting by Thomson Reuters of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Calais service will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York, New York. Thomson Reuters may assign its rights under this Agreement without condition. You may not. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. We based these Terms of Service under those released by Automattic under a Creative Commons Sharealike license. Thanks to Automattic and WordPress.com for sharing.