2GIS Business Listings API Agreement on December 01, 2014
2GIS Business Listings API Agreement
This document titled “2GIS Business Listings API Agreement” is an offer of 2GIS LTD (hereinafter—the “Right Holder”) to enter a contract on the use of the 2GIS Business Listings API (hereinafter—the “Service”) on the following terms and conditions.
1. General Provisions
1.1. Your use of the Service in any form within the scope of its declared functionality, including:
- filing an application to connect to the Service;
- use of the 2GIS Business Listings API Access Key;
- placement or display in the User Application of any Products provided by the Service and/or any materials created on the basis or with use of such Products or other materials available through 2GIS Business Listings API, including, without limitation: object codes, images, audio and video files, references and/or any other information (data),
constitutes a contract on terms and conditions of the present Agreement and 2GIS Software and/or Online Services License Agreement (hereinafter—the “License Agreement”) published at http://law.2gis.com.cy/licensing-agreement/, 2GIS Services Use Agreement (hereinafter—the “Services Use Agreement”) published at http://law.2gis.com.cy/rules/ and 2GIS Maps API Agreement 2.0 (hereinafter together referred to as “Mandatory Documents”).
1.2. By taking advantage of any of the abovementioned capabilities of using the Service, you accept, agree and confirm the following:
a) You have read the conditions of the present Agreement and Mandatory Documents in full prior to the beginning of use of the Service.
b) You accept all conditions of the present Agreement and Mandatory Documents in full without any exceptions or restrictions on your part and undertake to follow them or stop using the Service.
c) The Agreement (including any part hereof) may be changed or amended by the Right Holder without prior notice. Any new version of the Agreement shall take effect from the date of the placement on the Right Holder’s Website unless otherwise provided in such version. Your continued use of any Products and the Service constitutes your agreement to the amended terms of the Agreement.
1.3. By accepting the present Agreement, you confirm and guarantee the following:
a) You have all the required rights and authority to enter into and perform the present Agreement.
b) You will use the Service and the Products only for purposes allowed by the present Agreement subject to the provisions of the present Agreement, the applicable law and generally accepted practice.
c) You will not perform any actions which are in conflict or interfere with the Service (or operation of the equipment, networks, or software by means of which the Service is provided).
d) Your use of the Service for any specific purposes does not violate any property rights and/or personal non-property rights of the third parties or any restrictions or prohibitions established by the applicable law including, without limitation, copyright and related rights, rights to trademarks, service marks and appellations of origin, rights to industrial designs, rights to use images of people; and you have received all necessary permissions from the relevant authorities.
1.4. The terms and expressions used in the present Agreement shall have the following meanings unless otherwise expressly defined hereunder:
a) 2GIS Business Listings API is an application programming interface provided through the Service which allows to receive the Right Holders’ Products and exercise their further use in the User Application under the terms and conditions hereof.
b) The Documentation means technical, marketing and other documentation of 2GIS Business Listings API which the Right Holder may provide or make otherwise available to the User (including via the Website or 2GIS Business Listings API ) in relation to or in connection with the use of the API Tools. The provisions and requirements stated in the Documentation shall be binding upon the Parties of the present Agreement.
c) The API Tools mean 2GIS Business Listings API , Access Key, Documentation, Products, technical support and all other materials, services and information related to 2GIS Business Listings API and Products provided by the Right Holder to the User via the 2GIS Business Listings API or otherwise.
d) The Products mean:
- data contained in 2GIS Business Listing and
- additional materials available through the Service provided under the present Agreement
e) The Additional Materials mean materials defined in the Documentation, including Advertisement, Reviews, images, audio and video files and other information which could be provided to the User at the Right Holders’ discretion via the 2GIS Business Listings API .
f) The Advertising Materials/Advertisement mean data transferred via 2GIS Business Listings API which contains informational materials or instructions to perform certain actions with information about organizations from the 2GIS Business Listing aimed at drawing attention of the Consumers to such information, if the placement or fulfillment of such materials is allowed by the Rules for Provision of Information and Advertising Services Using 2GIS Products. The abovementioned Rules are available on the Internet through the Website at http://law.2gis.com.cy/advert-rules/ and are binding upon the Parties of the present Agreement.
g) The Reviews mean comments made by Internet users about one or more organizations from 2GIS Business Listing, which may be provided, at the Right Holder’s discretion, via the 2GIS Business Listings API for displaying together with the 2GIS Business Listing’s data and any other Additional Materials.
h) A Booklet is a page of a website which is located in a domain controlled by the 2gis.com.cy domain. The page is created by an Internet user in relation to a company from the 2GIS Business Listing per the company's order.
j) 2GIS Business Listing is the database of electronic directory owned by the Right Holder which includes information about names, addresses, phone numbers, e-mail and website addresses, types of goods produced and sold (work done, services rendered), links to Booklets and other details of organizations and sole proprietors residing within a particular territory, and of any other organizations at the discretion of the Right Holder.
k) The Access Key is a unique combination of characters provided to the User and associated with the User Application’s Identifier which allows software interaction of the Service with the User Application.
l) The Identifier is a network address of an Internet Platform (URL) or data identifying the Web Application, indicated by the User in the application to connect to the Service or assigned by the Right Holder as a result of consideration of such application.
m) The User Application is an Internet Platform and other Web Applications (including mobile applications) owned or used by the Right Holder on legal grounds under its own trade mark or other means of individualization used to display and/or represent the Products to the Consumers.
n) The Internet Platform is an Internet site hosted at the domain address (URL) specified by the User in the application to connect to the Service where Products are represented to the Consumers subject to functionality of the Service via the data transfer network.
o) The Web Application means computer software (including software for mobile devices) with a specific Identifier, by means of which the Products are displayed and/or otherwise represented to the Consumers subject to functionality of the Service via the data transfer network.
p) The Issue Page is a web page associated and intended for displaying in the User Application and created by the User in html, wml, etc. formats with use of the Products provided by the Right Holder via 2GIS Business Listings API in response to the Request from the User’s server. The Issue Page can be displayed and/or represented to the Consumer only as a Search Result, Profile Page, Review Page or other pages expressly specified in the Documentation.
q) The Search Results is an Issue Page containing information related to two or more companies from the 2GIS Business Listing, including information required for displaying in the User Application: names of the specified companies, their extensions assigned by the Right Holder, links to Booklets, and other materials of the User’s choice, provided they do not violate the terms of this Agreement. Additional requirements on quantity, composition and representation of the Products and materials displayed in the Search Results may be specified by the Right Holder separately in the Documentation.
r) The Profile Page is an Issue Page containing information related to one company from the 2GIS Business Listing, including information required for displaying in the User Application: the company name, address and phone numbers, links to Booklets, and optional information on the opening hours, company e-mail and website addresses, types of goods produced and sold (work done, services rendered), and other company information as per the Documentation which the Right Holder may change from time to time at its sole discretion and without any notice. The Profile Page can be extended with other materials at the User’s discretion provided it does not violate the terms of the present Agreement.
s) The Review Page is an Issue Page which contains review data about one organization from 2GIS Business Listing and can be extended with other materials at the User’s discretion provided it does not violate the terms of the present Agreement.
t) The Request is a HTTP request to 2GIS Business Listings API received from the User’s server which must strictly comply with the parameters specified in the Documentation.
u) The Link is a referral hypertext link included in the Issue Page which helps redirect the Click of the Consumer to the information resource (site) on the Internet network to the address (URL) mentioned in the data received from 2GIS Business Listing or Advertising Materials as a part of the Additional Materials related to the relevant organization.
v) The Display is representation of the Issue Page in the User Application as a result of a single Request.
w) The Click is a Consumer’s reference via the Link after the Product containing such Link was displayed and/or represented to the Consumer.
x) The User is a person or a legal entity which entered into a contract on the terms of the present Agreement with the Right Holder for its own benefit or for the benefit of the owner of the User Application according to the terms of the applicable law and the present Agreement.
y) The Consumer is any person using the User Application for its intended purpose.
z) The Right Holder’s Website means Internet sites hosted at 2gis.com.cy domain and its sub-domains.
z1) The Commercial Use means the use of the Service and/or Products in the ways allowed by the present Agreement by an individual with the purpose of obtaining an income, and by a sole proprietor or legal entity with the purpose of receiving commercial benefits including provision of paid services based on such Service and Products, i.e. for a fee or any counter provision of goods, works, services, or with simultaneous provision of goods, works, services on a commercial basis, in any form.
Z2) The Right Holder means 2GIS LIMITED, a company incorporated and existing under the laws of Cyprus with its registered office at Esperidon 12, 4th floor, Nicosia, Cyprus.
1.5. The present Agreement may contain other terms and definitions not defined in Clause 1.4. hereof. In this case, such term shall be interpreted in line with the text of the Agreement. In case of absence of clear interpretation of such term or definition in the text of this Agreement they shall be interpreted in accordance with, first of all, the Mandatory Documents, in the second turn, the legislation of the Republic of Cyprus and other applicable law, and subsequently, business practices and scientific doctrines.
2. Connection to the Service
2.1. To connect to the Service, the User shall send the Right Holder the application to connect to the Service containing the following information:
- the Identifier of the Internet Platform or Web Application;
- the subject of the User Application;
- the User’s identifying data;
- the User's email address for receiving the Access Key and further notifications;
- the number of expected HTTP requests to the 2GIS Business Listings API per day.
2.2. Upon consideration of the received application, the Right Holder provides the User with the Access Key. The Right Holder reserves the right to reject any application at its absolute discretion without any reason and additional notification to the User.
2.3. Further process of connecting to the Service and software communications and interaction with the User Application is described in the Documentation.
3.1. From the moment of receipt of the Access Key the User has a nonexclusive License to use the Service and Products under the terms and conditions specified d in the present Agreement.
3.2. The User has the right to use the Service and Products received via the Service strictly within the functionality of the Service as specified by the Right Holder.
The Products may be used only for displaying and/or representation to the Consumers as a part of the displayed Issue Page in the User Application accessed via the data transfer network.
The Right Holder grants the User the permission for the Commercial Use of the Service and the Products only in the ways stipulated above and subject to the terms and restrictions as specified by the present Agreement, License Agreement and Documentation.
3.3. The rights to and ways of use of the Service and Products that are not expressly provided/allowed to the User under the present Agreement are considered non-granted/forbidden by the Right Holder.
3.4. The Right Holder may place any information and/or advertising materials and links to websites of third parties in the Additional Materials, and to provide the right to use the Additional Materials in the manner given as aforesaid to any third party under a separate license agreement.
3.5. Each display of a specific type of Product and/or its representation to the Consumer shall be accompanied by the link to the Right Holder including the text “Provided by 2GIS” and the hypertext link to http://2gis.com.cy associated with this text. “2GIS” may be replaced with another logo provided by the Right Holder.
Additional requirements to composition and order of representation of the notification about the rights of the Right Holder on the Service and Products provided to the User may be specified by the Right Holder in the Documentation.
4. Interaction with the Service
4.1. In course of interaction with the Customer and the Service, the User agrees to act in compliance with all requirements stated and subject to change from time to time by the Right Holder, as specified in the present Agreement, Mandatory Documents and the Documentation.
In particular, the User agrees to follow the rules regarding forming and sending the Requests, receiving corresponding Products under the Request, displaying and/or representation of the Products to the Consumer, tracking and registration of Consumers’ activities, and reporting on the submitted Requests and the Consumers' access to the Issue Pages and the Products represented therein, including transfers made using the links placed in the Products or provided together with them.
4.2. For the purpose of tracking and registration of Consumers’ activities, the User shall install in the User Application an object code of the counter software provided or expressly indicated by the Right Holder, without any modifications, and shall perform other actions prescribed in the Documentation to provide proper registration of the Displays and collection of other statistical information about Consumers’ behavior.
4.3. The User undertakes to make the Requests to the Products only initiated by the Consumers and consistent with the content of the initial Consumer’s Request or Consumer’s behavior in the User Application.
The Requests initiated by the Consumer shall be transferred to 2GIS Business Listings API to the extent possible, subject to the Documentation, without any changes, modifications or filtering individually or as a group.
4.4. The User agrees not to edit, exclude, mask or transfer to the Right Holder private information on the Consumers, including full data on the used user agent, referring URL, server URL, IP address, session ID, browser data, unique cookies or URL tags of the Consumer, or other anonymous identifiers of the Customer assigned by the User. The User guarantees that he has obtained the Consumer’s consent to the delivery of the aforementioned data to the Right Holder prior to such delivery.
4.5. The User shall cooperate with the Right Holder in accordance with customary business practices to reduce automated, fraudulent or substandard traffic, including, without limitation, to turn off, block and otherwise filter the traffic from the resources identified by the Right Holder as substandard or problematic, as soon as possible after receipt of our notification (but in any case no later than within 24 hours after such notification).
The Right Holder assesses the acceptability and quality of all traffic at its sole discretion and reserves the right to independently discover any activities which may violate the present Agreement, including, without limitation, the use of the software to access the Products or any other activities restricted by the present Agreement.
4.6. The Right Holder provides the Products to the User only in response to the received Request made according to the search parameters (for example, the name, address and type of activities of an organization) defined by the Right Holder, at its sole discretion and to the extent possible.
The Right Holder shall independently determine whether the provided Products are relevant to the received Request.
4.7. The User agrees to show to the Consumer the Products provided by the Right Holder via 2GIS Business Listings API in response to the Request initiated by the Consumer, in whole or in part permitted by the present Agreement and Documentation.
The User has no right to cache any of the Products and/or information received through such Products, and may not change the content of the Products provided in response to the received Request.
The display and representation of the Products to the Consumers shall be carried out by the User in accordance with the requirements of the present Agreement and Documentation.
4.8. The Products received by means of the Service shall be used in the User Application for joint representation to Consumers in the same volume, form, shape and performance as they are provided by means of the Service, without any exceptions or additions, unless otherwise provided in this section of the Agreement.
4.9. The Products displayed and/or represented to the Consumer may only be reduced on the Profile Page, by full or partial exclusion of optional information about the organization. However, at that, information on the company name, address and phone numbers, as well as links to Booklets, is required for displaying on the Profile Page, with possible additions to such information.
4.10. Reviews shall be displayed on the Review Page in the User Application on “as is” basis without any reductions, specifications and additions.
4.11. The Advertisement provided in response to the Request shall be displayed in the User Application jointly with data from 2GIS Business Listing and/or Reviews together with which it is transferred (to which it is related). Such Advertising Materials shall be displayed and/or represented to the Consumers without any changes.
4.12. The Right Holder is entitled to establish any limits and restrictions on use of the Service and the Products provided thereby, including, without limitation, volume and content of data from 2GIS Business Listing, number and format of the Requests, and may change them at its sole discretion without any prior notice to the User.
4.13. The number of the Requests to the Service is limited by maximal value of 50,000 per day for one Access Key.
4.14. The Right Holder is entitled to change the API Tools at any time without any prior notice to the User. The Right Holder may announce release of the next version of the 2GIS Business Listings API on the Right Holder’s Website.
The Right Holder does not guarantee stable work or continued support of the previous version of the 2GIS Business Listings API .
In case the User disagrees to use the modified or updated API Tools, the User shall cease the use of the Service carried out by sending the Requests and displaying the Products in the User Application, and remove the Access Key.
4.15. Since the Service is subject to constant introduction of additions and updates in functionality, the form and character of the Products and Services provided by means of the Service may be changed from time to time without prior notice to the User. The Right Holder is entitled to stop or suspend (constantly or temporarily) the operation of the Service (or any parts of the Products or Service functionality) to all Users or to a particular User, and to change or revoke the license to use the Service and Products without prior notice.
5. Restrictions on Use of the Service. Responsibility
5.1. The use of the Service and the Products received thereby shall not be allowed:
a) without interaction with the Service in real time mode via the data transfer network;
b) beyond the declared functionality of the Service;
c) for displaying beyond the framework of the User Application defined by the agreed Identifier, including disclosure and other use of information about organizations received through the Service (including data from 2GIS Business Listing and/or Reviews) for any purpose not expressly provided for in this Agreement;
d) in a revised (modified) form, including, without limitation, removal, concealment or modification of certain images, advertising and other information, information and notifications about rights, hyperlinks, logotypes, trade names and trademarks (service marks);
e) in any other form and way in violation of the restrictions specified in the present Agreement, Documentation and Section 5 of the License Agreement.
5.2. It is prohibited to save, including for temporary storage (caching), the Products received via the Service and information received from them, and to conduct their further processing, modification, distribution or communication to the public.
5.3. Creation and sending of the Requests via automatic means or programs or in any other fraudulent way, including, without limitation, repeated execution by the Consumer of manual clicks to send identical Requests, including sending various Requests in order to get a reward, or misleading Consumers, or solicitation to perform clicks on the Search Results, Review Pages, Profile Pages or any parts of the Issue Pages described above and links placed thereon (hereinafter, “fraudulent actions”) are not allowed.
5.4. It is prohibited to place any advertising materials and/or links to the third parties’ Internet sites on the Products or to provide the right to use the Products in the specified way to the third parties. This rule does not apply to the advertising materials and/or links provided by the Right Holder within or together with the Products.
5.5. It is prohibited to display any Products on the pages reporting about mistakes, containing registration forms or expressing gratitude for performing a certain action, or at any web pages or web sites containing pornographic or other illegal materials, or violating the regulations and requirements of the present Agreement, the Mandatory Documents, Documentation and/or the applicable law in any other way.
5.6. The User shall be solely responsible for operability and commercial effectiveness of the User Application, and the quality of the Services based on it, including all the Products provided to the Consumers and/or their derivatives and related materials, the support and management of all abovementioned, proper compliance with the requirements of the Right Holder and the terms and conditions of the present Agreement.
The Right Holder shall under no circumstances be responsible for providing the Customers with the User Application or services based thereon.
5.7. The Service shall be provided on an “as is” basis, and therefore the Right Holder does not provide any direct or implied warranties that the Service will comply to any certain requirements; the services will be provided in a continuous, timely, reliable and error-free manner; the results which can be received with use of the Service will be accurate and reliable; the quality of the Product, Service, information or any other materials received with use of the Service will meet certain expectations; all errors in software of the Service will be corrected.
5.8. The Right Holder shall not be responsible for the completeness and accuracy of the information about organizations from 2GIS Business Listing and Reviews, and the Right Holder is in no way related to materials which are independently added by third parties regarding organizations or in connection with them, and shall not be obliged to carry out verification of the content, authenticity and safety of such materials or their components, and to conduct any check in regard to their compliance with the requirements of the applicable law, and due authority of such persons to use such materials.
5.9. Despite the established prohibition, the use of the Service can cause receipt of materials which can be classified as offensive or indecent information, or information, otherwise breaking the applicable law and the third parties’ rights.
All the responsibility for the content of such materials and its compliance with the applicable law shall be borne by a person who created and/or added such materials to the Internet site which was a source of such materials.
6. Final Provisions
6.1. Interpretation and Performance of the Agreement. In regard to issues that are not regulated in the text of this Agreement, the Parties' relations are governed by the Mandatory Documents (except Section 4 of the License Agreement “User’s Rights”), and the remaining part is governed by the rules of the applicable law.
The matters connected with the Products shall be regulated by the relevant provisions of the License Agreement, and the matters connected with the Service shall be regulated by the relevant provisions the Services Use Agreement.
6.3. Applicable Law. The present Agreement, the order of its execution and performance, and issues not settled by the present Agreement are regulated by the applicable law of the Republic of Cyprus.
6.4. Arbitration. All disputes arising out of or in connection with this Agreement shall be settled by an arbitration tribunal at the Right Holder’s location in accordance with the applicable arbitration rules.
6.5. The present Agreement may be changed canceled by the Right Holder at its sole discretion without prior notice to the User and without any compensation in this regard.
Agreement last updated: December 01, 2014