login

FlightCaster API Terms of Use

This is an agreement between You and FlightCaster, Inc. governing Your use of the FlightCaster application programming interfaces (the "FlightCaster APIs" or "FlightCaster API”). By downloading, accessing or using any part of the FlightCaster APIs in any manner, You expressly agree to be bound by (a) the terms below (the "Terms of Use" or "Agreement"). If You disagree with any of these terms, FlightCaster does not grant You a license to use the FlightCaster APIs, and You are prohibited from using any FlightCaster API in any way.

"You" (including "Your" and "Yours") means the person or entity associated with this FlightCaster account. "FlightCaster" refers to FlightCaster, Inc. "We" or "Us" refers to You and FlightCaster together. FlightCaster may amend any terms in the Agreement at any time, and You can always find the most recent version of these terms at http://api.flightcaster.com/api_tos

  1. Use of FlightCaster API
    1. The FlightCaster API is owned by FlightCaster and is licensed (subject to the limitations set forth herein) to You on a worldwide, revocable, non-transferable, non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These terms define legal use of the FlightCaster APIs as well as all updates, revisions, substitutions, and copies of the FlightCaster API made by or for You. All rights not expressly granted to You are reserved by FlightCaster.
    2. FlightCaster may alter, temporarily suspend, or permanently discontinue any aspect of the FlightCaster API at any time, including the availability of any FlightCaster API in its entirety.
    3. FlightCaster may offer, from time to time, certain features and services for You to access. FlightCaster expressly reserves the right to charge a fee, impose limits, and/or restrict Your access to parts or all of such features, services or the FlightCaster APIs without notice or liability to You. Notwithstanding the above, FlightCaster will give You thirty (30) days notice of its plan to charge fees.
    4. Your rights to use the FlightCaster APIs terminate immediately and automatically if and when:
      1. You violate any terms of this Agreement,
      2. FlightCaster publicly posts a written notice of termination on its website,
      3. FlightCaster sends a written notice of termination to You, or
      4. FlightCaster disables access to the FlightCaster APIs to You.
    5. You may integrate the FlightCaster APIs into your applications solely for the use of FlightCaster Data, as defined below, by your applications and/or the display of FlightCaster Data to third-party users of your applications and solely in response to actions or requests made by individual end users of your applications.
    6. Your Responsibilities. You agree to do all of the following:
      1. Comply with all applicable laws and regulations, the FlightCaster Privacy Policy, and the FlightCaster API documentation.
      2. Clearly attribute FlightCaster within your application per the guidelines on attribution below.
    7. Prohibitions. You agree not to do any of the following:
      1. Attempt to cloak or conceal Your identity or Your application's identity when requesting authorization to use FlightCaster APIs.
      2. Use FlightCaster APIs for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
      3. Use FlightCaster APIs in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
      4. Use FlightCaster APIs in a manner that adversely impacts the stability of FlightCaster servers or adversely impacts the behavior of other applications using the FlightCaster APIs.
      5. Access the FlightCaster APIs for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
      6. Collect or store any FlightCaster user’s FlightCaster username or password, or mine or scrape FlightCaster User Data directly from the FlightCaster website.
      7. Reverse engineer or decompile the FlightCaster APIs or underlying services or attempt to discover the source code or algorithms used to deliver the FlightCaster Data.
      8. Cache or store FlightCaster Data in any way that allows you to use or display FlightCaster Data in any way other than in response to actions or requests made by individual users of your applications on an ad hoc basis.
  2. Attribution.
    1. FlightCaster grants You a personal, revocable, worldwide, royalty-free, non-assignable, non-transferable, non-sublicenseable, and non-exclusive license to display FlightCaster’s name and links to the home page or other pages of www.FlightCaster.com (the “FlightCaster Website”) solely as provided for herein and solely for the purpose of promoting or advertising Your authorized use of the FlightCaster API for the purpose of fulfilling your obligations under this Agreement.
      1. Your application must show the FlightCaster name and include one or more links to the FlightCaster Website wherever FlightCaster data is used. These links will appear as text reading “Flight Details” or “Find out why?” or such other phrases as may be approved by FlightCaster in writing from time to time.
      2. You shall not use “FlightCaster” or any variation on the word "FlightCaster", or any FlightCaster trademarks or service marks, in the name or URL of Your service.
      3. You may use the FlightCaster logo but only to indicate that information displayed in your application was produced by FlightCaster. FlightCaster may disapprove Your use of the FlightCaster logo at any time, for any reason; if requested to do so by FlightCaster, You agree to remove or modify Your use of the FlightCaster logo as soon as possible.
      4. You shall place the following notice on Your application: "This product uses the FlightCaster API but is not endorsed or certified by FlightCaster." Your use of the FlightCaster logo shall not imply any endorsement by FlightCaster.
    2. Except as set forth in this Section, nothing in this Agreement will grant or will be deemed to grant You any right, title or interest in or to FlightCaster trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of FlightCaster as secured by FlightCaster from time to time (collectively, the "FlightCaster Brand"). All use by You of such FlightCaster Brand (including any goodwill associated therewith) will inure to the benefit of FlightCaster. You agree that at no time during or after the term of this Agreement will You challenge or assist others to challenge the FlightCaster Brand (except to the extent such restriction is prohibited by law) or the registration thereof by FlightCaster, nor will You attempt to register any FlightCaster Brand (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of FlightCaster.
  3. FlightCaster Data
    1. FlightCaster Data means any data or content obtained from FlightCaster using the FlightCaster APIs.
    2. Restrictions on Use of FlightCaster Data. You shall not sell, redistribute, sublicense or otherwise disclose or transfer to any third party all or any portion of FlightCaster Data except as such FlightCaster Data is used or displayed through authorized use of the FlightCaster API.
    3. FlightCaster API Materials and Data.
      1. You shall not disclose all or part of any FlightCaster API specification or Your FlightCaster API key to any third party except agent(s) of Yours using that information solely on Your behalf solely in accordance with this Agreement and under a written duty of confidentiality no less strict than Your duty of confidentiality required under this Agreement. You take sole responsibility for any use and disclosure of the FlightCaster API specifications and any use of Your FlightCaster API key obtained through You. If you become aware of any unauthorized use of your password, your account, or your FlightCaster API Key, you agree to notify FlightCaster immediately.
      2. You shall not use any automated means (e.g., scraping and robots) other than the FlightCaster API to access, query or otherwise collect FlightCaster-related information from FlightCaster, or from any website owned or operated by FlightCaster.
    4. Security. You shall use all reasonable efforts to keep all FlightCaster Data, Your FlightCaster API key, and the FlightCaster API specifications in a secure environment at all times according to commercially reasonable security standards.
  4. Ownership Rights.
    1. The FlightCaster API is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries.
    2. FlightCaster's rights apply to the FlightCaster API and all output and executables of the FlightCaster API, excluding any software components developed by You which do not themselves incorporate the FlightCaster API or any output or executables of the FlightCaster API.
    3. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. FlightCaster owns all rights, title, and interest in and to the FlightCaster API.
    4. You will not acquire any right, title, or interest in the FlightCaster API, the FlightCaster trademarks, or any other intellectual property owned or licensed by FlightCaster except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any FlightCaster services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the FlightCaster API or proprietary information related thereto.
  5. Technical Support.
    1. FlightCaster may elect to provide You with support or modifications for the FlightCaster API from time to time (collectively, "Support"), in its sole discretion, and may terminate the Support at any time without notice to You.
  6. DISCLAIMER OF WARRANTIES.
    1. FLIGHTCASTER MAKES NO REPRESENTATION OR WARRANTY THAT ANY FLIGHTCASTER API IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
    2. THE FLIGHTCASTER APIS ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND FLIGHTCASTER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
    3. YOUR USE OF FLIGHTCASTER API IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY FLIGHTCASTER API INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
  7. LIMITATION OF LIABILITY.
    FLIGHTCASTER SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE FLIGHTCASTER API, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT FLIGHTCASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL FLIGHTCASTER BE LIABLE TO YOU FOR ANY AMOUNT.
  8. EXCLUSIONS AND LIMITATIONS.
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN THE EVENT THAT ANY OF THE FOREGOING LIMITATIONS IS NOT ENFORCEABLE, FLIGHTCASTER'S AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO AMOUNTS PAID OR PAYABLE TO FLIGHTCASTER BY YOU FOR THE FLIGHTCASTER API SERVICES IN THE 30 DAYS PRECEDING THE CLAIM.
  9. Release and Waiver.
    1. You release and waive all claims against FlightCaster, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind whether known or unknown, arising from or in any way related to Your use of FlightCaster API.
    2. You acknowledge that you are familiar with the provisions of California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You hereby waive any rights that You might have under California Civil Code § 1542 or under any similar statute or legal theory.
  10. Indemnification. You agree to hold harmless, defend, and indemnify FlightCaster and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to Your use of FlightCaster 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. FlightCaster shall use good faith efforts to provide You with written notice of such claim, suit or action. FlightCaster retains the right to manage the defense against any such claim.
  11. Confidentiality.
    1. You agree not to disclose FlightCaster Confidential Information without FlightCaster's prior written consent. "FlightCaster Confidential Information" includes, without limitation:
      1. all FlightCaster software, technology, programming, specifications, materials, guidelines and documentation relating to FlightCaster API;
      2. FlightCaster Data; and
      3. any other information designated in writing by FlightCaster as confidential.
    2. FlightCaster Confidential Information does not include information that has become publicly known through no breach by You or FlightCaster, or information that has been
      1. independently developed without access to FlightCaster Confidential Information as evidenced in writing;
      2. rightfully received by You from a third party who has the lawful right to disclose such information; or
      3. required to be disclosed by law or by a governmental authority.
  12. Modification.
    1. FlightCaster may modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion by posting a change notice to Your account, changing the FlightCaster API terms and conditions linked from the URL provided above, emailing to the email address used in entering this Agreement, or otherwise notifying You.
    2. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF FLIGHTCASTER API, CONTINUED POSSESSION OF A COPY OF FLIGHTCASTER API SPECIFICATIONS OR CONTINUED DEVELOPMENT OR DISTRIBUTION OF A FLIGHTCASTER API CLIENT FOLLOWING POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
  13. Termination
    1. Your license to the FlightCaster API under this Agreement continues until it is terminated by You or FlightCaster.
    2. You may terminate this Agreement by discontinuing use of the FlightCaster API, and by removing the FlightCaster logo from any of Your products and deleting any FlightCaster Data or other confidential FlightCaster information You possess.
    3. FlightCaster may, at any time, terminate this Agreement with You at its sole discretion without prior notice to You.
    4. When this legal Agreement is terminated, certain terms by their nature are intended to continue indefinitely and shall continue to apply, including but not limited to: Sections 3 (FlightCaster Data); 4 (Ownership Rights); 6 (Disclaimer of Warranties); 7 (Limitation of Liability); 9 (Release and Waiver); 10 (Indemnification); 11 (Confidentiality); 13.D (this clause); and 14 (Other Terms).
  14. Other Terms.
    1. Relationship of the Parties. Notwithstanding any other provision, for all purposes of this Agreement, You and FlightCaster shall be and act independently and not as partner, joint venture, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of FlightCaster, express or implied, and You shall not attempt to bind FlightCaster to any contract.
    2. Invalidity of Specific Terms. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the we nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in this Agreement, and that the remaining valid portions of this Agreement remain in full force and effect.
    3. Law and Forum for Disputes.
      1. This Agreement will be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions.
      2. You agree that any claim or dispute you may have against FlightCaster must be resolved by a court located in San Francisco County, California and You and FlightCaster agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.
    4. No Waiver of Rights by FlightCaster. FlightCaster's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
    5. No Assignment. You shall not assign or otherwise transfer any of Your rights or delegate Your obligations hereunder and any such attempt is null and void.
    6. Entire Agreement. The Terms of Use constitute the entire agreement between FlightCaster and You with respect to the subject matter hereof. Any conflicting or additional terms contained in prior or collateral documents, including, without limitation, or any oral discussions, are void.
    7. U.S. Government Limited or Restricted Rights. If You are an agency, department, or other entity of the United States Government, or funded in whole or in part by the United States Government, then your use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and accompanying documentation, is restricted in accordance with the LIMITED or RESTRICTED rights as described in DFARS 252.227-7014(a)(1) (JUN 1995) (DOD commercial computer software definition), DFARS 227.7202-1 (DOD policy on commercial computer software), FAR 52.227-19 (JUN 1987) (commercial computer software clause for civilian agencies), DFARS 252.227-7015 (NOV 1995) (DOD technical data – commercial items clause); FAR 52.227-14 Alternates I, II, and III (JUN 1987) (civilian agency technical data and noncommercial computer software clause); and/or FAR 12.211 and FAR 12.212 (commercial item acquisitions), as applicable. In case of conflict between any of the FAR and DFARS provisions listed herein and this license, the construction that provides greater limitations on the Government's rights shall control. Contractor/manufacturer is FlightCaster, Inc.,1475 Folsom St. #300, San Francisco, California, 94103.

Last Revised: 2010-02-4