Petfinder API Terms
In exchange for use of the Public GraphQL API on www.petfinder.com that Petfinder is making available to you through this programming interface, you (“User”) hereby agree to the following terms and conditions (“Terms”):
License
Nestlé Purina PetCare Company d/b/a Petfinder (“Petfinder”) hereby grants to User a limited, non-exclusive, non-assignable (except as otherwise provided herein), non-transferable, revocable, royalty-free, fully paid-up right and license to use the Public GraphQL API as specified herein. User understands and agrees that it shall have no proprietary rights of any nature in and to the Public GraphQL API. User shall not be permitted to alter the data in the Public GraphQL API (i.e., the “description” of pets and actual data); however, User shall have the right to alter the display of the Public GraphQL API data on the User site.
User hereby agrees to comply with the following conditions to use of the adoptable pet data from the Public GraphQL API:
- User shall provide credit on the User site to Petfinder for the use of the Public GraphQL API. Such language shall include “Powered by Petfinder” and, where possible, include a link to the Petfinder website at www.petfinder.com.
- User shall not state or imply that its website or application is endorsed or certified by Petfinder;
- User shall not use the Public GraphQL API for any commercial purpose, including, without limitation, any sale of the Public GraphQL API to any third parties or any sale of advertising around the Public GraphQL API;
- Without the express written consent of Petfinder in each instance, User is not permitted to use the Petfinder logo and/or other Petfinder trademarks in any way not expressly allowed by these Terms and you may not use the Petfinder name in your application name;
- User shall not (i) attempt to circumvent any security measures or technical limitation of the Public GraphQL API, (ii) modify, reverse engineer, or decompile the Public GraphQL API, (iii) sublicense the Public GraphQL API or (iv) adopt any mark that is confusingly similar to those of Petfinder;
- User agrees that it shall not promote, feature or otherwise display on the pages of User that are “Powered by Petfinder”, any Competitor (as defined below) of Petfinder without Petfinder’s prior written approval. A “Competitor” of Petfinder shall be defined as any entity which has as its principal business the consolidation and/or posting of information and listings of pets available for adoption.
Use
Petfinder shall have the right to immediately revoke this license to use the Public GraphQL API, for any reason or no reason, at any time upon written notice to User.
Upon notice of termination of use of the Public GraphQL API, User shall cease any use of the Public GraphQL API and Petfinder Content and remove it from all User websites and mobile device applications as soon as possible and in no event more than ten (10) business days after the effective date of termination.
Disclaimer of Any Warranty.
Petfinder does not represent or warrant that the Public GraphQL API is free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid. The Public GraphQL API is provided "as is" with no warranty, express or implied, of any kind and Petfinder expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability and fitness for a particular purpose. User’s use of the Public GraphQL API is at its own discretion and risk, and User will be solely responsible for any damage that results from the use of the Public GraphQL API including, but not limited to, any damage to your computer system or loss of data.
Limitation of Liability.
USER AGREES THAT IN NO EVENT SHALL PETFINDER BE LIABLE TO USER FOR ANY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. The term “consequential damages” shall include, but not be limited to, loss of anticipated profits, business interruption, loss of use, revenue, reputation and data, costs incurred, including without limitation, for capital, fuel, power and loss or damage to property or equipment.
Release and Waiver.
To the maximum extent permitted by applicable law, User releases and waives all claims against Petfinder, and its affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or use of the Public GraphQL API.
Hold Harmless and Indemnity.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Petfinder and its subsidiaries, affiliates, officers, agents, licensors, and employees from and against any third party claim arising from or in any way related to use of the Public GraphQL API, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Petfinder shall use good faith efforts to provide you with written notice of such claim, suit or action.
Confidentiality
Each party (“Disclosing Party”) may disclose “Confidential Information” to the other party (“Receiving Party”) in connection with the Contract, which is anything that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure including non-public business, product, technology and marketing information. If something is labeled “Confidential,” that’s a clear indicator to the Receiving Party that the material is confidential. Notwithstanding the above, Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party.
The Receiving Party will (a) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates and contractors who need to know such information in connection with the Contract; and (b) not use or disclose any Confidential Information of the Disclosing Party for any purpose outside the scope of this Contract. Nothing above will prevent either party from sharing Confidential Information with financial and legal advisors; provided, however, that the advisors are bound to confidentiality obligations at least as restrictive as those in the Contract.
The Receiving Party may access or disclose Confidential Information of the Disclosing Party if it is required by law; provided, however, that the Receiving Party gives the Disclosing Party prior notice of the compelled access or disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the access or disclosure. If the Receiving Party is compelled by law to access or disclose the Disclosing Party’s Confidential Information, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing access to such Confidential Information as well as the reasonable cost for any support provided in connection with the Disclosing Party seeking a protective order or confidential treatment for the Confidential Information to be produced.
General Terms.
These Terms shall be exclusively enforced and interpreted using the English (US) language. These Terms shall be interpreted in accordance with and shall be governed by the laws of the State of Missouri, United States of America without giving effect to its choice-of-law provisions or to any rule construing ambiguities against the draftsperson. The state courts of the State of Missouri in St. Louis City and St. Louis County, and, if the jurisdictional prerequisites exist, the United States District Court for the Eastern District of Missouri shall have sole and exclusive jurisdiction to hear and determine any dispute or controversy arising under or relating to these Terms. Each party hereto consents to and waives any objection to the personal jurisdiction and venue of said courts, and, further, consents to the service of legal process in accordance with the rules of said courts or, alternatively, in the same manner prescribed for serving notices pursuant to these Terms.
No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Acceptance
By accessing or using the Public GraphQL API, User acknowledges that they have read, understood, and agree to be bound by this Agreement.