CloudMade API Terms of Service

Last Updated: February 4, 2009

1. Introduction

Welcome to the CloudMade.com (hereafter referred to as “CloudMade”) file download platform.

BY CLICKING “I AGREE” OR DOWNLOADING, IMPLEMENTING, OR OTHERWISE USING THE CLOUDMADE APIS (AS DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE CLOUDMADE TERMS OF SERVICE (THE “TERMS”), INCLUDING ANY FUTURE MODIFICATIONS THERETO. FOR CLOUDMADE’S POLICY ON MODIFICATION OF THESE TERMS, PLEASE SEE OUR TERMS OF USE. IF, AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NO LONGER GRANTED A RIGHT TO USE THE CLOUDMADE APIS AS PROVIDED HEREIN, AND MUST DISCONTINUE ALL USES OF THE CLOUDMADE APIS IMMEDIATELY.

2. Additional Terms

These Terms are incorporated into and are subject to the CloudMade Terms of Use. Your use of the CloudMade APIs is subject at all times to these Terms and the Terms of Use. For information regarding how CloudMade may collect, uses and disclose your personal information, please see the CloudMade Privacy Policy.

3. Eligibility

You hereby represent and warrant that you have all authority necessary to bind yourself to these Terms. IF YOU ARE USING THE CLOUDMADE APIS ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A "SUBSCRIBING ORGANIZATION") THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS, AND (IV) AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.

4. Conditions of Use

  • a. Definitions

    The CloudMade application programming interfaces (the "CloudMade APIs") allow you to create certain compatibility between an application, service, or product created by you ("Your Application") and the CloudMade Web Tiles ("CloudMade Tiles"). The CloudMade Tiles are based on map data obtained from the OpenStreetMap.org database ("OSM Map Data").

  • b. Creative Commons License

    All OSM Map Data and the CloudMade Tiles are licensed for use under and subject to the terms of the Creative Commons Attribution 2.0 License ("Cc-by-SA 2.0 License"). BEFORE USING THE CLOUDMADE TILES IN CONJUNCTION WITH YOUR APPLICATION, YOU SHOULD CAREFULLY READ AND UNDERSTAND THE CC-BY-SA 2.0 LICENSE.

  • c. License Grant

    Subject to the terms and conditions of these Terms and during the term of these Terms, you are hereby granted a limited, nonexclusive, freely revocable license to use the CloudMade APIs for the purpose of creating compatibility between the CloudMade Tiles and Your Application. All rights not expressly granted to you herein are reserved by CloudMade.

  • d. Attribution Requirements

    If Your Application uses the CloudMade APIs in any manner pursuant to the licenses granted above, then Your Application must:

    • i. Include appropriate attribution to the contributors of the OpenStreeMap project;
    • ii. Include appropriate attribution to CloudMade by including a copyright acknowledgment and a hyperlink to CloudMade.com;
    • iii. Insert a notice prominently into Your Application that allows end users to understand that Your Application is not endorsed by CloudMade as further described in Section 8 (Attribution) below;
    • iv. Failure to comply with these attribution requirements will result in the immediate and automatic termination of the rights granted pursuant to this Section 4.
  • e. User Account

    If you desire to use or have access to the CloudMade APIs or CloudMade Tiles, you must first create a CloudMade account by registering at www.cloudmade.com and providing CloudMade with certain information about you and/or your organization, including without limitation your email address and, if applicable, the URL of the websites on which you wish to use the CloudMade APIs. If you wish to use the CloudMade APIs on or within a website, you may not do so without a valid key, provided by CloudMade as part of the registration process, that is specifically designated for such website. All information gathered as part of such registration process will be in accordance with the CloudMade Privacy Policy.

  • f. Sublicense to End Users

    If you grant end users of Your Application access to any CloudMade APIs as part of Your Application, such access is subject to and must comply with these Terms, and you agree to ensure that each end user agrees to these Terms with respect to the CloudMade APIs.

5. Representations and Warranties

You hereby represent and warrant that:

  • a. You will at all times comply with these Terms as well as the Cc-by-SA 2.0 License, CloudMade Terms of Use, CloudMade Privacy Policy, and all other terms governing your use of the CloudMade APIs;
  • b. Your Application and your use of the CloudMade APIs will not:
    • i. infringe, violate or misappropriate any third party's intellectual property rights or other proprietary rights or be misleading, deceptive or fraudulent
    • ii. violate any laws, treaties, regulations or other governmental order
  • c. Your Application shall not be designed or implemented in a way that, as determined by CloudMade in its sole discretion, might mislead a user into believing that:
    • i he or she is interacting directly with CloudMade when interacting with Your Applications,
    • ii any of Your Applications were created by or are endorsed by CloudMade.

6. Further Restrictions

By way of example and not by limitation, you agree that you WILL NOT:

  • a.infringe, violate or misappropriate any third party's intellectual property rights or other proprietary rights either through your own conduct or through the conduct of your end users
    • i. of which you are aware or reasonably should be aware;
    • ii. do not take reasonable steps to prevent;
  • b. engage in any activity that is malicious or harmful to any person or entity, including in an activity that may be libelous or defamatory, or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age;
  • c. engage in spamming or other advertising or marketing activities that violate any applicable laws, regulations or generally-accepted advertising industry guidelines;
  • d. interfere or attempt to interfere in any manner with the functionality or proper working of the CloudMade APIs, or, in each case, any portion or feature thereof;
  • e. impose or purport to impose any obligation on any person, or grant or purport to grant any right, power or authority to yourself or any other person, that would be inconsistent with these Terms, and you agree that any such obligation, right, power or authority purportedly imposed or granted shall be null and void;
  • f. remove, obscure, or alter any notice of patent, copyright, trademark or other proprietary right appearing in the CloudMade APIs;
  • g. use the CloudMade APIs for the purpose of developing a product that will be owned by a third party that would compete with CloudMade’s products or services;
  • h. copy, distribute, reproduce, sell, resell, lease, rent, use or allow access to the CloudMade APIs except as explicitly permitted under these Terms;
  • i. modify, translate, adapt, or prepare derivative works from the CloudMade APIs except as explicitly permitted under these Terms or under applicable law;
  • j. reverse engineer or attempt to reverse engineer the CloudMade APIs except as explicitly permitted under these Terms or under applicable law;
  • k. attempt to conceal your identity or Your Application's identity when requesting authorization to use CloudMade APIs;
  • l. use CloudMade APIs in a manner that exceeds request volumes that are set by CloudMade in its sole discretion and published to CloudMade’s website at http://www.cloudmade.com;
  • m. use CloudMade APIs in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, hate materials (e.g. Nazi memorabilia), goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;
  • n. use CloudMade APIs to operate any mission critical application or facility where human life or property may be put at risk. You understand that the CloudMade APIs are not designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CloudMade is not responsible.

7. Ownership

CloudMade and/or its licensors own all right, title and interest in and to the CloudMade APIs. The CloudMade APIs are protected by copyright laws, international treaty provisions, and other intellectual property laws. All rights not expressly granted hereunder are reserved by CloudMade. Except for the limited license expressly granted herein, these Terms grant you no other right, title, or interest in or to any intellectual property owned by CloudMade, including (but not limited to) the CloudMade APIs and CloudMade trademarks. As between you and CloudMade, you own Your Applications (subject to CloudMade’s underlying rights in the CloudMade APIs).

8. Attribution

You shall place the following notice prominently on Your Application: "This product uses the CloudMade APIs, but is not endorsed or certified by CloudMade." Apart from providing attribution as expressly described in Section 4(d) and this Section 8, you shall not use the name “CloudMade” in any way, including, but not limited to, in the hostname of Your Application (i.e. CloudMade.domain.com). You shall not use the CloudMade logo or CloudMade marks without prior express written permission from CloudMade, and then, only under the terms and conditions under which CloudMade provided such prior express written permission.

9. Termination

Your license to the CloudMade APIs under these Terms continues until terminated by yourself or CloudMade. You may terminate the license and/or these Terms by discontinuing your use of the CloudMade APIs. CloudMade may terminate the license to the CloudMade APIs and/or these Terms without liability at any time for any reason, with or without notice. Additionally, your rights to use the CloudMade APIs will terminate immediately if you violate any of these Terms. Upon expiration or termination of the license granted herein and/or these Terms, you will discontinue any and all use of the CloudMade APIs.

10. Support

CloudMade may elect to provide you with support or modifications for the CloudMade APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. CloudMade may change, suspend, or discontinue any aspect of the CloudMade APIs at any time, including the availability of any CloudMade APIs. CloudMade may also impose limits on certain features and services or restrict your access to parts or all of the CloudMade APIs without notice or liability.

11. Fees, Taxes

CloudMade reserves the right to charge a fee for using the CloudMade APIs without notice in its sole discretion. You do not have an obligation to continue using the CloudMade APIs should CloudMade exercise its right to charge a fee. You are responsible for paying any governmental taxes imposed on your use of the CloudMade APIs, including, but not limited to, sales, use or value-added taxes. To the extent CloudMade is obligated to collect such taxes, the applicable tax will added to any fees CloudMade may charge.

12. Release and waiver

You hereby release, waive and covenant not to sue or pursue any claim against CloudMade (and CloudMade's officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected to:

  • i. Your Application or any intellectual property you develop that is based on, uses, or relates to the CloudMade APIs;
  • ii. which otherwise may arise in connection with your use of, reliance on, or reference to the CloudMade APIs.

If you are a California resident, you waive California Civil Code §1542, which says: "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 understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

13. Indemnification

In addition to the indemnification provisions in the CloudMade Terms of Use, you hereby agree to indemnify, defend, and hold harmless CloudMade, its customers and users, all third-party advertisers, technology providers and service providers, and each of their respective employees, directors and representatives, from any liability, loss or claim arising out of or relating to:

  • i. These Terms,
  • ii. Your use of or interaction with the CloudMade APIs,
  • iii. Your Application,
  • iv. Your violation of any law, treaty, regulation or other governmental order,
  • v. Your violation of the proprietary or other rights of third parties.

CloudMade reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify CloudMade, and You agree to cooperate with CloudMade's defense of these claims. CloudMade will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

14. Disclaimer, Limitation of Liability

The following terms are in addition to the disclaimer and limitation of liability in the Terms of Use.

CloudMade does not warrant that the data or any other information offered in or through the CloudMade APIs will be uninterrupted, or free of errors, viruses or other harmful components and does not warrant that any of the foregoing shall be corrected. CloudMade is not responsible for the conduct of any user of the CloudMade APIs.

THE CLOUDMADE APIS ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLOUDMADE, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLOUDMADE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

UNDER NO CIRCUMSTANCES WILL CLOUDMADE BE LIABLE TO YOU FOR ANY PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL, RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST BUSINESS, REVENUE, OR ANTICIPATED PROFITS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT CLOUDMADE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CLOUDMADE’S LIABILITY EXCEED THE GREATER OF THE FEES PAYABLE BY YOU TO CLOUDMADE UNDER THESE TERMS DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO THE CLAIM OR $100 USD.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED

YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 14, THE TERM CLOUDMADE INCLUDES CLOUDMADE'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

15. Notice

CloudMade may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the CloudMade website. Notice will be deemed given twenty-four hours after email is sent, unless CloudMade is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the CloudMade website is deemed given thirty days following the initial posting.

16. Waiver

The failure of CloudMade to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by CloudMade.

17. Governing law, Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or the CloudMade APIs shall be filed only in the state or federal courts in and for Santa Clara County, California, and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.

18. Severability

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

19. Assignment

These Terms may not be transferred or assigned by you, whether by way of merger, sale, or otherwise, but may be assigned by CloudMade without restriction. Any assignment attempted to be made in violation of these Terms shall be null and void.

20. Survival

Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2, 5, 6, 7, 9, and 12-24 .

21. Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

22. Entire Agreement, Construction

These Terms are the entire agreement between you and CloudMade relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms made by CloudMade as set forth in the CloudMade Terms of Use. Any construction or interpretation to be made of these Terms shall not be construed against the drafter.

23. No Agency

The Parties are independent contractors with respect to each other. The Terms do not constitute and may not be construed as constituting a partnership or joint venture among the Parties hereto, or an employee-employer relationship.

24. Contact Information

If you would like to contact us regarding the CloudMade APIs or these Terms, please email us at: info@cloudmade.com. Alternatively, you may send us communications in writing at: CloudMade, 1370 Willow Road, 2nd Floor, Menlo Park, CA 94025 USA.