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I really hope this is the right forum, if not you have to excuse me.

I am planning to build a commercial service (in this case a mobile app) that uses content from Foursquare and presents it to my users in a new way. Am I allowed to do this without breaking any kind of "Terms Of User agreement"?

The license agreement found on: http://foursquare.com/legal/terms clearly states that:

Subject to these Terms of Use, foursquare grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Content, solely for personal, non-commercial use.

If this is the case, how come there are tons of application & services out there today using the Foursquare API and content in different ways? Many of these application & services are being promoted by Foursquare themselves at their website /apps.

In addition, would you really create an API if nobody could use it unless it was for private use?

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The people who are using Foursquare content commercially will have negotiated separate agreements with Foursquare for that use of their data, and you will have to do the same. You should be asking this question to Foursquare, not here.

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