Quantcast Traffic Data API – Terms of Service

READ ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE API

This Quantcast Traffic Data Application Programming Interface Agreement (this “Agreement”) describes the terms and conditions on which Quantcast Corporation (“Quantcast”) offers you the Quantcast Traffic Data Application Programming Interface ( “Traffic Data API”) to access and use, as defined and more fully described below, Quantcast Traffic Data.

By clicking the “I ACCEPT” button, completing the registration process, or using the Traffic Data API, you are agreeing to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, in which case the terms “you” or “your” will refer to such entity (or, if such entity is acting as an Authorized Third Party, then the terms “you” or “your” will refer to such entity, the authorizing party(ies), or both, as applicable). Quantcast may modify this Agreement from time to time; continued use 30 days after notification will constitute acceptance (see Section 14).  

Capitalized terms are defined in Section 17.

  1. The Traffic Data API and Traffic Data are the intellectual property and proprietary information of Quantcast. Any right to use, copy or to retain a copy of the Traffic Data API and the Traffic Data is subject to and contingent on your full compliance with this Agreement. If you violate any part of this Agreement, your access to the Traffic Data API and Traffic Data may be suspended or terminated without notice and you will have no right to use the Traffic Data API and Traffic Data. If you wish to terminate all or part of this Agreement, you must cease all use of the Traffic Data API and Traffic Data.
  2. Permission to Use . Subject to your compliance with the terms and conditions of this Agreement, Quantcast hereby grants you a non-exclusive, non-transferable, non-sublicensable, right and license for the term of this Agreement to use Traffic Data subject to the conditions of this Agreement. You agree not to copy, modify, distribute, or display the Traffic Data API.
  3. Traffic Data Conditions .
    1. Transfer of Traffic Data. You will not sell, redistribute, sublicense or otherwise transfer to any Third Party all or any portion of Traffic Data.
    2. Limitations on Use. You will not use Traffic Data for any of the following: (i) as a data management platform (DMP) or demand side platform (DSP), (ii) for real-time bidding (RTB) decision-making, (iii) in any way that is or would be competitive to a Quantcast product or service, or (iv) in any way that is or would disparage or portray the Traffic Data, Quantcast or any of Quantcast’s clients in a negative light.
    3. Attribution. If you use the Traffic Data, you must attribute such data to Quantcast by conspicuously including: “Source: Quantcast” where the hyperlink directs to the specific Quantcast report you are using.
       
    4. Security. You will use all reasonable efforts to keep all Traffic Data in a secure environment at all times according to commonly acceptable security standards for enterprise data, but an environment at least as secure as that for your own enterprise data. All data transfer using the Traffic Data API must be secured using at least 128 Bit SSL encryption, or for transmissions directly with Quantcast, at least as secure as the protocol being accepted by the Traffic Data API servers.
    5. Rate Limit. You will not violate any Quantcast rate limits enforced by the Traffic Data API, including but not limited to initiating parallel requests.
    6. Data Collection. Except as expressly permitted by Quantcast under a Quantcast product or service feature, you will not use any automated means (for example scraping or robots) other than the Traffic Data API to access, query or otherwise collect Traffic Data.
  1. Quantcast Monitoring and Your Feedback . You acknowledge that Quantcast may monitor any Traffic Data API activity, and your use of the Traffic Data, for the purpose of ensuring quality, improving Quantcast products and services and confirming compliance with these terms. You will not try to interfere with such monitoring or obscure from Quantcast your Traffic Data API activity. Upon Quantcast’s reasonable request, you will provide feedback about the Traffic Data API functionality and suggestions for improvement.
  2. Compliance with Law . In using the Traffic Data, you will comply with all applicable government laws, rules and regulations and will not interfere with any Third Party's rights.
  3. Duty not to Interfere . You must not interfere or attempt to interfere in any manner with the proper working of the Traffic Data API.

  4. NO GUARANTEED ACCESS .
    1. Quantcast may suspend or terminate your access to the Traffic Data for any breach of this Agreement by you, AND MAY CHANGE ANY OF THE TRAFFIC DATA OR THE TRAFFIC DATA API SPECIFICATIONS, PROTOCOLS OR METHODS OF ACCESS for any or no reason. It is solely your responsibility at all times to backup your data AND to be prepared to conduct your business without access to the Traffic Data API.
       
    2. No Service Level . QUANTCAST DOES NOT REPRESENT OR WARRANT, AND SPECIFICALLY DISCLAIMS, THAT THE TRAFFIC DATA API WILL BE AVAILABLE WITHOUT INTERRUPTION OR ERROR-FREE.
  1. Inspection for Compliance . Quantcast may inspect your Traffic Data API user interfaces, and your use of the Traffic Data, up to 2 times per calendar year during normal business hours. You will allow Quantcast to visit your place of business, or inspect your Traffic Data API client in some other manner agreed between you and Quantcast, within 7 days after notice. Quantcast's inspection will consist only of a thorough walk-through of each screen on which it, or any of its customers, enters, displays, or uses Traffic Data or visual representations thereof.
  2. No Implied Rights . Other than expressly granted herein, this Traffic Data API Agreement does not grant you any intellectual property or other propriety rights. You hereby release and covenant not to sue Quantcast and any of its licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims which may arise in connection with your use of, reliance on, or reference to the Traffic Data API or Traffic Data. As between you and Quantcast, Quantcast and its applicable licensors retain all intellectual property rights (including without limitation all patent, trademark, copyright, and other proprietary rights) in and to the Traffic Data API and Traffic Data, and all Quantcast services and any derivative works created thereof. All license rights granted herein are not sublicenseable, transferable or assignable unless otherwise stated herein.
  3. Indemnification . You will indemnify, defend and hold Quantcast, its agents, affiliates, and licensors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are “Claims”) arising out of or related to any act or omission by you in using the Quantcast Traffic Data API or Traffic Data, or relating to the development, operation, maintenance, use and contents of an Traffic Data API client.
  4. Termination . Any licenses contained in this Agreement will terminate automatically without notice if you fail to comply with any provision of this Agreement.
    1. Quantcast reserves the right in its sole discretion to cease providing all or any part of the Traffic Data API immediately without any notice if:
      1. Quantcast reasonably believes you has breached any provision of this Agreement;
      2. Quantcast reasonably believes it is required to do so by law;
      3. the Traffic Data API relies on data or services obtained or provided by a third party and the relationship with such third party (i) has expired or been terminated or (ii) requires Quantcast to change the way Quantcast provides the data or services through the Traffic Data API;
      4. providing the Traffic Data API could create a substantial economic burden as determined by Quantcast in its reasonable good faith judgment; or
      5. providing the Traffic Data API could create a security risk or material technical burden as determined by Quantcast in its reasonable good faith judgment.
    2. Upon any termination or notice of any discontinuance, you must immediately stop and thereafter desist from using the Traffic Data API and Traffic Data and delete all Traffic Data in your possession or control. The provisions of Sections 9-14 will survive any termination of this Agreement and will continue to bind you in accordance with their terms.
  1. Disclaimer and Limitation of Liability . THE TRAFFIC DATA API AND TRAFFIC DATA ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND QUANTCAST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. QUANTCAST WILL HAVE NO CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER LIABILITY WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH THIS TRAFFIC DATA API AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. ADDITIONALLY, QUANTCAST WILL HAVE NO DIRECT LIABILITY WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH THIS TRAFFIC DATA API AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN THE EVENT THAT ANY OF THE ABOVE IS NOT ENFORCEABLE, QUANTCAST'S AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO $1,000. THE TRAFFIC DATA API IS MADE AVAILABLE PRIMARILY AS A CONVENIENCE TO QUANTCAST'S USERS AND AS SUCH YOU AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE A FAIR ALLOCATION OF RISK AND AN ESSENTIAL ELEMENT OF THIS AGREEMENT.
  2. Injunctive Relief . You acknowledge that the limitations and restrictions in this Agreement are necessary and reasonable to protect Quantcast, and expressly agree that monetary damages may not be a sufficient remedy for breach of this Agreement. In recognition thereof, you agree not to assert, with respect to an action or motion of Quantcast for injunctive relief with respect to such breach, that monetary damages would be sufficient remedy for any such breach. You agree that Quantcast will be entitled to seek temporary and permanent injunctive relief against any threatened violation of such limitations or restrictions or the continuation of any such violation in any court of competent jurisdiction, without the necessity of proving actual damages.
  3. Modification . Quantcast may modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by emailing the email address of your account or otherwise notifying you. The changes to this Agreement will not apply retroactively and will become effective 7 days after posting. However, changes specific to new functionality or changes made for legal reasons will be effective immediately upon notice. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THE TRAFFIC DATA API FOLLOWING A NOTIFICATION OF A CHANGE AS DESCRIBED ABOVE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
  4. Miscellaneous . This Agreement is governed by California law, excluding California’s choice of law rules, and FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SUBJECT MATTER OF THIS TRAFFIC DATA API AGREEMENT WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN FRANCISCO COUNTY, CALIFORNIA, USA, AND THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any conflicting or additional terms contained in additional documents or oral discussions are void. You may grant approvals, permissions and consents to Quantcast by email, but any modifications by you to this Agreement must be made in a writing executed by both parties. Any notices to Quantcast must be sent to Quantcast’s corporate headquarters address as set forth on its website via first class or air mail or overnight courier, and is deemed given upon receipt. Any waiver of a provision of this Agreement or of Quantcast's rights or remedies must be in a writing signed by Quantcast to be effective. Failure, neglect, or delay by Quantcast to enforce a provision of this Agreement or its rights or remedies, will not be construed as a waiver of Quantcast's rights and will not in any way affect the validity of the whole or any part of this Agreement or prejudice Quantcast's right to take subsequent action. Unenforceable provisions will be modified to reflect the parties' intention, and remaining provisions of the Agreement will remain in full effect. Customer may not assign any of its rights hereunder and any such attempt is void. You and Quantcast are not legal partners or agents, but are independent contractors.

  5. Notice . All notices or other communications to Quantcast from you will be deemed given only when received by hand delivery, facsimile, electronic mail, or prepaid first class mail, at the address below or any other address provided by Quantcast to you for these purposes:

                    Quantcast Corporation
                    201 Third St., 2nd Floor, San Francisco, CA 94103
                    Facsimile: 415.738.2318
                    Email: contact@quantcast.com.

17. Definitions.

      “Authorized Third Party” means a third party that you allow to use the Traffic Data API, your account, or the Traffic Data.

      “Third Party” means a party other than Quantcast or you and includes without limitation any database, software or service owned by or under the control of a party other than Quantcast or you.

     “Traffic Data means the traffic stream for any period of time for which data is available on any website.