LostAndFound.com API Agreement

THE INTERNET LOST AND FOUND, INC. API TERMS OF SERVICE

This document governs the terms AND CONDTIONS (THE "TERMS") under which you may access and use the application programming interface that is made available by The Internet Lost and Found, INC. (the "API"). BY USING THE API, YOU ACCEPT AND AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS, THE INTERNET LOST AND FOUND DOES NOT GRANT YOU A LICENSE TO USE THE API.

The Internet Lost and Found API Service DETAILS

A. The API Service.

The API consists of certain service protocols that enable You to display certain results provided by The Internet Lost and Found through the API ("Results") on Your website, in Your application, or in Your other product expressly authorized in writing by The Internet Lost and Found (each, a "Property"), subject to the limitations and conditions described below. You are allowed to use the API only to display, and to make such uses as are necessary for You to display Results on Your Property. These Terms do not provide You with the ability to access, and You are not allowed to access, other underlying services provided by The Internet Lost and Found or data stored on The Internet Lost and Found's systems.

B. Additional Terms.

Unless otherwise agreed in a separate written agreement with The Internet Lost and Found, Your relationship with The Internet Lost and Found will always be governed, at a minimum, by these Terms and the [User Agreement found at http://www.lostandfound.com/home/usersagreement] (the "User Agreement"). If there is any contradiction between the User Agreement and any of the Terms, the Terms are given precedence, but only in relation to the specific features, resources or other portions of the API to which the Terms specifically apply.

To access or use some features, resources or other portions of the API, You understand that You may be required to agree to and comply with additional terms and conditions ("Additional Terms") specifically applicable to such features, resources or other portions of the API and such Additional Terms, as applicable, will be deemed to be incorporated as a part of the Terms.

You understand that Additional Terms may be imposed by The Internet Lost and Found or one or more of its third-party providers. Where Additional Terms apply to certain features, resources or other portions of the API, such Additional Terms will be accessible for You to read either within, or through Your use of, such features, resources or other portions of the API. In many cases, the Additional Terms applicable to a particular feature, resource or other portion of the API will contain special permissions or restrictions that govern Your use of that feature, resource or portion of the API, so You should take the time to fully understand the Additional Terms and how they apply to Your use of the API.

If there is any contradiction between the User Agreement, these Terms of Service, and any Additional Terms, the Additional Terms are given precedence, but only in relation to the specific features, resources or other portions of the API to which such Additional Terms specifically apply. In some cases, a particular feature, resource or other portion of the API may be available under one or more sets of Additional Terms. In general, if more than one set of Additional Terms potentially applies to a particular resource, the least restrictive set of Additional Terms will govern Your use of that particular resource so long as You comply with all of the applicable conditions and pay the applicable fees, if any, specified in that set of Additional Terms.

In some cases, a particular feature, resource or other portion of the API may have been obtained by The Internet Lost and Found pursuant to a license or other legal terms established by one or more third-party sources that prohibit certain terms or conditions. In those cases, The Internet Lost and Found hereby offers that feature, resource or other portion of the API to You free of any terms or conditions that otherwise would be incompatible with the applicable license or other legal terms, if any. Nevertheless, all compatible terms and conditions of the Terms are still binding on You and Your use of that feature, resource or other portion of the API.

C. Modifications.

The Internet Lost and Found may make changes to the Terms from time to time so you should regularly look at the most current version of the Terms at [The Internet Lost and Found API TOU webpage] (or such future URL as The Internet Lost and Found may designate). Changes to the Terms will become effective seven days after they are posted, except if the changes apply to new functionality, in which case they will be effective immediately. If You do not agree to modified terms for the Service, You must immediately remove any and all implementations of the API and The Internet Lost and Found Brand Features from Your Property and delete any and all Results. If You continue to use the API on any Property, You will be deemed to have accepted the modifications.

The Internet Lost and Found reserves the right, in its sole discretion, at any time and from time to time to modify or discontinue, temporarily or permanently, the API (or any part thereof, e.g., to charge for access to the API or to set a maximum number of Results You may access through the API) with or without notice. You agree that The Internet Lost and Found shall not be liable to you or to any third party for any modification, suspension or discontinuance of the API.

Without limiting the generality of the foregoing, The Internet Lost and Found reserves the right, in its sole discretion, at any time and from time to time to cease providing all or any part of the API immediately without any notice if:

  • The Internet Lost and Found reasonably believes You have breached any provision of the Terms, the User Agreement or any Additional Terms; or
  • The Internet Lost and Found is required to do so by law; or
  • the API relies on data or service provided by a third party partner and the relationship with such partner (i) has expired or been terminated or (ii) requires The Internet Lost and Found to change the way The Internet Lost and Found provides the data or services through the API; or
  • providing the API could create a security risk, technical burden or economic burden upon The Internet Lost and Found; or
  • You engage in any action that reflects poorly on The Internet Lost and Found or otherwise disparages or devalues The Internet Lost and Found's reputation or goodwill.

D. Unauthorized/Restricted Use.

Except as expressly provided in any applicable Additional Terms, the implementation of the API on Your Property must be generally accessible to users without charge.

You agree that You are responsible for Your own conduct and content while using the API and for any consequences thereof. You agree to use the API only for purposes that are legal, proper and in accordance with these Terms, the User Agreement, and any applicable Additional Terms. You agree that when using the API, You will not, and will not permit users or other third parties to:

  • hide or mask from The Internet Lost and Found Your identity of the identity of Your Property, including by failing to follow the identification conventions listed in the API documentation;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • upload, post, email, transmit or otherwise make available any information, data, text, software, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, an Internet or The Internet Lost and Found official, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the API;
  • upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights or Intellectual Property Rights (defined below) of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • upload, post, email, transmit or otherwise make available any material that contains embedded images;
  • interfere with or disrupt the API or servers or networks connected to the API, or disobey any requirements, procedures, policies or regulations of networks connected to the API;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Results or to collect information about users for any unauthorized purpose;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
  • and/or intentionally or unintentionally violate any applicable local, provincial, national or international law.

Recognizing the global nature of the Internet, to the extent You are located outside of the United State, You further agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data to or from the United States or your country of residence.

E. Advertising.

The Internet Lost and Found reserves the right to include advertising in Results provided to You through the API.

Privacy Policy

Personal privacy is an important part of The Internet Lost and Found's philosophy. Personal information about You and other users is subject to The Internet Lost and Found's Privacy Policy. For more information, see our full Privacy Policy, [hyperlink, located at: http://www.lostandfound.com/home/privacyStatement]. This policy explains how The Internet Lost and Found treats personal information, and protects privacy when You use the API. You agree to the use of Your data in accordance with The Internet Lost and Found's privacy policy.

Copyright Policy and Content Removal

It is The Internet Lost and Found's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please see the Internet Lost and Found's Copyright Policy [hyperlink, located at http://www.lostandfound.com/home/copyrights_policy]. As the host of content posted to Your Property, including Results, You agree to comply with the Digital Millennium Copyright Act or other appropriate process for the removal of content deemed to infringe the rights of third parties, and to remove any Results upon request from The Internet Lost and Found. You agree that Your Property will provide contact information that rights-holders can use to contact You and request removals.

Proprietary Rights

A. The Internet Lost and Found Rights.

You acknowledge that The Internet Lost and Found owns all right, title and interest, including without limitation all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof (collectively "Intellectual Property Rights") in and to the API and that You shall not acquire any right, title, or interest in or to the API or any API Intellectual Property Rights, except as expressly set forth in the Terms or Additional Terms. You further acknowledge that third parties may own right, title and interest, including without limitation all Intellectual Property Rights, in and to portions of the Results, and that You shall not acquire any right, title, or interest in or to such portions of the Results except as provided by applicable law.

B. Grant of License.

The Internet Lost and Found hereby grants to You a revocable, limited, nontransferable, nonsublicenseable, nonexclusive license to display The Internet Lost and Found's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("The Internet Lost and Found Marks") for the purpose of promoting or advertising that You use the API, provided that Your use is in accordance with the Terms and for the purpose of fulfilling Your obligations under these Terms and any Additional Terms. You hereby grant to The Internet Lost and Found a nontransferable, nonexclusive license to use Your trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Your Marks") to advertise that You are using the Service.

In using The Internet Lost and Found Marks, You may not:

  • display The Internet Lost and Found Marks in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by The Internet Lost and Found (other than Your use of the API) or that can be reasonably interpreted to suggest any editorial content has been authored by, or represents the views or opinions of The Internet Lost and Found or The Internet Lost and Found personnel;
  • use The Internet Lost and Found Marks to disparage The Internet Lost and Found, its products or services;
  • display The Internet Lost and Found Marks on Your Property if it contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one years of age;
  • have The Internet Lost and Found logo as the largest logo on Your Property (except as displayed in the Results itself) or any page of Your Property;
  • display The Internet Lost and Found Marks in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to The Internet Lost and Found;
  • display The Internet Lost and Found Marks on a Property that violates any applicable law or regulation; or
  • remove, distort or alter any element of The Internet Lost and Found Marks (this includes squeezing, stretching, inverting, discoloring, etc.).

You understand and agree that The Internet Lost and Found has the sole discretion to determine whether Your use of The Internet Lost and Found brand features is in accordance with the above restrictions.

C. Attribution.

The Results provided to You through the Service may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of The Internet Lost and Found, its partners, or other third party rights holders of content indexed by The Internet Lost and Found. You shall not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

You agree to include and display the "[powered by] The Internet Lost and Found" attribution, and/or any other attribution(s) required by The Internet Lost and Found as described in the documentation, conspicuously on the page, in close proximity and adjacent to the API implementation and the Results. You agree not to modify or obscure any automatically-generated attribution included in the Results.

You understand and agree that The Internet Lost and Found has the sole discretion to determine whether Your attribution(s) is in compliance with the above requirements.

Indemnity

You agree to indemnify and hold The Internet Lost and Found, and its parent company, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content You submit, post, transmit or make available through the API, Your use of the API, Your connection to the API, or Your violation of any rights of another. Nothing in the Terms should be construed to confer any rights to third party beneficiaries

Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by The Internet Lost and Found to collect our fees and/or recover damages for, or obtain an injunction relating to, the Internet Lost and Found site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Better Business Bureau. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or The Internet Lost and Found may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect the rights or property of you or The Internet Lost and Found pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1,000.00.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE API AND THE RESULTS IS AT YOUR SOLE RISK. THE API AND THE RESULTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE INTERNET LOST AND FOUND EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. THE INTERNET LOST AND FOUND MAKES NO WARRANTY, REPRESENTATIONS AND CONDITIONS THAT (i) THE API OR THE RESULTS WILL MEET YOUR REQUIREMENTS, (ii) THE API OR THE RESULTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE API OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE API WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN THE API OR THE RESULTS WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE API IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE INTERNET LOST AND FOUND OR THROUGH OR FROM THE API OR THE RESULTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS, THE USER AGREEMENT OR ANY APPLICABLE ADDITIONAL TERMS.

e. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE INTERNET LOST AND FOUND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE INTERNET LOST AND FOUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE API OR THE RESULTS; (ii) LOSS OR DAMAGE TO PERSONAL PROPERTY RETURNED THROUGH A TRANSACTION ENTERED INTO THROUGH OR FROM THE API OR THE RESULTS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE API OR THE RESULTS; OR (v) ANY OTHER MATTER RELATING TO THE API OR THE RESULTS.

f. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

g. BY ENTERING THIS SITE, YOU HEREBY ACKNOWLEDGE AND ACCEPT THAT (A) THE INTERNET LOST AND FOUND, INC. NEITHER GUARANTEES NOR INSURES THE RETURN OF ANY LOST ITEM OR THE CONDITION OF ANY LOST ITEM THAT MAY BE RETURNED TO YOU, (B) THE INTERNET LOST AND FOUND, INC. IS NOT AN INSURANCE, SURETY, BONDING OR INDEMNITY COMPANY, (C) THE INTERNET LOST AND FOUND, INC. HAS NOT MADE ANY EXPRESS OR IMPLIED WARRANTY CONCERNING THE RETURN OR CONDITION OF ANY LOST ITEM, (D) THE INTERNET LOST AND FOUND, INC. SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ACTUAL AND CONSEQUENTIAL DAMAGES, THAT YOU MAY SUSTAIN OR INCUR AS A RESULT OF THE DELIVERY OR NON-DELIVERY OF ANY LOST ITEM, (E) THE INTERNET LOST AND FOUND, INC. SHALL NOT BE LIABLE IF, THROUGH FRAUD, DECEIT OR OTHER MEANS, A PERSON OR PERSONS FALSELY CLAIMING TO HAVE LOST A PARTICULAR ITEM OBTAIN SUCH ITEM THROUGH USE OF THIS SITE, (F) THE SERVICES OFFERED BY THIS SITE ARE SUBJECT TO, AND LIMITED BY, THE FEDERAL, STATE, PROVINCIAL, MUNICIPAL AND LOCAL LAWS OF YOUR JURISDICTION, AND (G) THE INTERNET LOST AND FOUND, INC. SHALL BE LIABLE FOR NO REWARD OR COMPENSATION WHATSOEVER TO THE FINDER OF ANY LOST OBJECT.

Termination

A. Termination.

You agree that The Internet Lost and Found, in its sole discretion, may terminate access to or use the API, and remove and discard any related content, for any reason, including, without limitation, for lack of use or if The Internet Lost and Found, Inc. believes that you have violated or acted inconsistently with the letter or spirit of these Terms, the User Agreement, or any additional Applicable Terms. You agree that any termination of your access to or use of the API under any provision of these Terms, the User Agreement, or any additional Applicable Terms may be effected without prior notice, and acknowledge and agree that The Internet Lost and Found may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the API. Further, you agree that The Internet Lost and Found shall not be liable to you or any third-party for any termination of your access to the Service.

B. Effect of Termination.

Upon the termination of the Terms for any reason (a) all license rights granted herein shall terminate and (b) You shall immediately remove any and all implementations of the API and The Internet Lost and Found Marks from Your Property and delete any and all Results.

C. Survival.

In the event of any termination or expiration of the Terms for any reason, the Sections titled The Internet Lost and Found Rights; Indemnity; Arbitration; Disclaimer of Warranties and Limitation of Liabilities; Termination; and General Information shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms in accordance with its terms.

D. Remedies.

You acknowledge that Your breach of any restrictions contained herein may cause irreparable harm to The Internet Lost and Found, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which The Internet Lost and Found may be legally entitled, The Internet Lost and Found shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of Your officers, employees, consultants or other agents.

GENERAL INFORMATION

The User Agreement constitutes the entire agreement between you and The Internet Lost and Found and governs your use of the Service, superceding any prior agreements between you and The Internet Lost and Found. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The User Agreement and the relationship between you and The Internet Lost and Found shall be governed by the laws of the state of New York and the United States without regard to its conflict of law provisions. You and The Internet Lost and Found agree to submit to the personal and exclusive jurisdiction of the courts located within the state of New York, United States. The failure of The Internet Lost and Found to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the User Agreement are for convenience only and have no legal or contractual effect.

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Statistics
United States
Lost Items: 175116
Found Items: 56002
Worldwide
Lost Items: 206007
Found Items: 62046