Data Sharing Agreement
Bryan Nye avatar
Written by Bryan Nye
Updated over a week ago

MetaLocator is now a Trusted Data Contributor for Factual.  Factual provides location data directly to Yelp, Bing, Apple Maps, FirstData and other top-tier location marketing channels.  For those MetaLocator customers that choose to opt-in, MetaLocator can now automatically publish your location data directly to Factual and in turn to hundreds of Web sites and applications that use Factual as their data source.  This is a voluntary data sharing program provided as an optional service to our customers.  For more information about Factual, visit their Website at www.factual.com.  For information about how and when your data will be included in Factual's database, see this page: http://developer.factual.com/contribute-or-correct-data/

This agreement is in addition to the existing TOU contained in the MetaLocator Terms of Use.  This agreement authorizes Fatica Consulting L.L.C. D.B.A. MetaLocator a.k.a. MetaLocator to publish the Data contained in your MetaLocator database to Factual.  Under this program, MetaLocator serves as a conduit between YOU (our customer) and Factual. Factual may assert additional terms and conditions over the data as defind in their TOS. These features and services (referred to hereafter as “the Data Sharing Program", "the Data Sharing Service” or simply "the Service") are subject to the following Terms of Use (“TOU”). By using the Data Sharing Service in any way, you are agreeing to comply with the TOU.  Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with MetaLocator or the Service in any way, your only recourse is to immediately discontinue use of MetaLocator and cancel your account.  MetaLocator has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.

There are inherent dangers in sharing data for use on the Internet, and MetaLocator cautions you to make sure that you completely understand the features, usability and potential risks before participating in the Data Sharing Program.

By using the Service and participating in the Data Sharing Program, you agree to the following Terms of Use:

  1. You represent and warrant that your use of the Service will be in strict accordance with these TOU and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside)

  2. You represent and warrant that your use of the Service will not infringe upon or misappropriate the intellectual property or any other rights of any third party.

  3. You consent to the full disclosure of your account data with Factual.  Data shared under this program includes all published data in MetaLocator as found under "Data" > "All Records" in the MetaLocator administrative control panel.  Account data includes but is not limited to the content of the following fields Name (title), Address, Address2, City, State, Country, Postal Code, County, Latitude, Longitude, Image, Gallery and Link, referred to hereafter as "the Data". The Data Sharing Service does not include your personal account information such as payment details, your billing name or billing address information, billing history, payment amounts, personal email address or other customer information.

  4. You represent and warrant that the Data is entirely public information and can be shared accordingly.

  5. You understand that sharing Data through this service may publish the Data on potentially many 3rd party properties including Web sites, mobile applications,

  6. You represent and warrant that you have the authority to accept the terms of this agreement.

  7. You represent and warrant that you have the authority to share the Data with Factual.

  8. You represent and warrant that you have read, understand and agree to the Factual TOS. (http://www.factual.com/tos)

  9. Indemnification:  You agree to indemnify and hold Fatica Consulting L.L.C, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of the Data you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any third party rights.

  10. Release of Liability: You agree to indemnify and hold Fatica Consulting L.L.C, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of the Service to infringe upon patented systems.

  11. Published data may be shared with Factual at any time.  MetaLocator will regularly and automatically publish data to Factual as data within MetaLocator is changed.

  12. MetaLocator does not guarantee Factual's receipt or import of the Data.

  13. MetaLocator does not guarantee Factual's use, incorporation or publishing of the Data in any way.

  14. You understand that Fatica Consulting L.L.C. does not control, and is not responsible for Data shared, published or made publicly available through the Service. Furthermore, the Fatica Consulting L.L.C. site and Content available through the Service may contain links to other websites, which are completely independent of Fatica Consulting L.L.C.  Fatica Consulting L.L.C. makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.  Your linking to any other webites or reliance on information therein is at your own risk.

  15. You understand that Factual may choose to modify the Data shared under this program at their sole discretion.

  16. Fatica Consulting L.L.C. does not guarantee that Factual will publish the Data internally or to external providers.  You understand that Factual may choose not use the Data shared under this program in any way.

  17. You understand that Factual may choose to publish the Data internally and also to 3rd party Websites, applications, mobile "apps".

  18. You understand that upon acceptance of this agreement your Data may be shared with Factual, and that Factual may in turn share that Data with 3rd party Websites and that MetaLocator does not have any control over which 3rd parties your Data is shared with. MetaLocator does not control, monitor, evaluate, review and will not be held liable for which 3rd parties receive and publish your Data.

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