Docstoc

API TOS - nanoGroove

Document Sample
API TOS - nanoGroove Powered By Docstoc
					                                                                         API Terms of Service
Overview
Subject to your compliance with all the terms and conditions of this agreement, Escape Media Group,
Inc. (”EMG”) grants you a non-exclusive, revocable, nonsublicensable, nontransferable license to
interface your program, service, and/or website with our application programmer interface, in order to
send and/or retrieve data, and/or initiate playback of any media content made available through the
application programmer interface. Collectively, the application programmer interface, related
documentation, and any example code EMG may provide are hereby referred to as the “API”.

This Agreement sets out the legally binding terms between you and EMG. This Agreement applies to
all users of the API. If you choose to use the API, you will be agreeing to abide by all of the terms and
conditions of this Agreement (the “Agreement”). Should you be found in violation of any of the terms
described in this Agreement, your access to the API may be immediately suspended or permanently
revoked without any notice given to you. EMG may change, add or remove portions of this Agreement
at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail.

IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO
NOT USE THE API. YOUR CONTINUED USE OF THE API NOW, OR FOLLOWING THE
POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE
ACCEPTANCE AND AGREEMENT BY YOU OF SUCH RULES, CHANGES, OR
MODIFICATIONS.

EMG may change, suspend or discontinue any aspect of the API at any time, including but not limited
to the availability of any API feature, method, availability of any media to be Streamed, or dataset.
EMG may also impose limits on certain features or restrict your access to parts or all of the API
without notice or liability.

In addition, when using particular EMG services, you and EMG shall be subject to any additional
terms, guidelines or rules applicable to such services, which may be posted from time to time. All such
additional terms, guidelines and rules are hereby incorporated by reference into this Agreement. Also,
EMG may offer other services from time to time that are governed by different terms of service.

Unless explicitly stated otherwise, any new features that augment or enhance the current API, including
but not limited to new methods, protocols, and/or datasets, shall be subject to this Agreement.


Noncommercial Use Only
The license granted to you by EMG in this Agreement is valid only for non-commercial use. You may
not use this API in any commercial manor including but not limited to using it in a commercial
program, service, or website. Any website, program, or service that displays advertisements is not
considered to be commercial under this agreement, provided: (a) revenue from said advertisements are
only used to cover the operational cost of hosting and making available the website, program, or
service. By entering into this agreement you understand and acknowledge that EMG will be the sole
judge of what usage constitutes: (a) commercial use of its API (b) operational costs in such cases where
a program, service, or website is using the API, displaying advertisements, and claiming to be non-
commercial.


Other Restrictions
     1. The API maybe not be used in connection with or to promote any products, services, or
         materials or be used to submit data that: (i) is obscene, patently offensive, or promotes
         racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii)
         harasses or advocates harassment of another person; (iii) involves the transmission of “junk
         mail”, “chain letters,” or unsolicited mass mailing or “spamming”; (iv) consists of
            information that you know is false or misleading or promotes illegal activities or conduct
            that is abusive, threatening, obscene, defamatory or libelous; (v) consists of an illegal or
            unauthorized copy of a copyrighted work, such as sound recordings, musical compositions
            and videos in which you do not personally own the copyright (including CDs and tracks you
            may have purchased), or otherwise do not have the necessary authority from the copyright
            owner(s); (vi) computer programs or links to them or providing information to circumvent
            manufacturer-installed copy-protect devices, or providing pirated music or links to pirated
            music files; (vii) contains restricted or password-only access pages or hidden pages or
            images (those not linked to or from another accessible page); (viii) provides material that
            exploits people under the age of 18 in a sexual or violent manner, or solicits personal
            information from anyone under 18; (ix) provides instructional information about illegal
            activities such as making or buying illegal weapons, violating someone’s privacy, or
            providing or creating computer viruses; (x) solicits passwords or personal identifying
            information for commercial or unlawful purposes from other users; (xi) involves
            commercial activities and/or sales without our prior written consent such as contests,
            sweepstakes, barter, advertising, or pyramid schemes; or (xii) uses sexually suggestive
            imagery or any other unfair, misleading or deceptive content intended to draw traffic to the
            profile. In addition, EMG reserves the right to refuse, discontinues, or suspend any use of
            the API that in its soul opinion is dangerous, distasteful, unlawful, or may otherwise cause
            harm to EMG, it’s API, its various web properties, or service.
       2.   EMG at its digressions may limit the total number of times you may request or receive data
            from the API and/or Initiate Streams of any media made available through the API. This
            may be in the form of an overall limit or a limit for a given interval, for example 1000 API
            request an hour or 500 Streams per hour. EMG may change this limit at any time and any
            number of times without any prior notice to you.
       3.   When using the API to enable the digital transmission of a Recording, Track or Sample that
            does not produce a fixed file embodying such Recording, Track or Sample (“Stream”) you
            may not alter, filter, or transcode any portion of the Stream.
       4.   The API includes the ability for you to retrieve a succession of Streams by providing seed
            artists that the API will use to generate a list of similar, interesting, and/or relevant content
            for the playback session (“Autoplay”). You may not filter, block, or in any way limit
            Autoplay Streams, their order, or their appearance through any automated methods.
       5.   Under the terms of this agreement you are obligated to ensure to the best of your ability that
            any user of your program, service, and/or website may only Stream the media content
            available from the API. Users of your program, service, and/or website are not allowed to
            transfer the entirety of the media content to any computer, phone, or other electronic device
            in a manor that makes said media content available for direct playback outside of the API
            (‘Download’). If EMG in its soul digression finds that you are enabling users to Download
            any media content made available through its API, your usage of the API will be
            immediately suspended or terminated.

Derivative Work
 If any of the following conditions are true, all data in your program, service, or website which is
 generated, augmented, or filtered by data obtained via the API is considered to be Derivative Work,
 even if said data is only partially generated, augmented, or filtered by data obtained via the API.
        1. Your program, service, or website modifies, augments, or removes any data returned via our
             API and stores said data for any reason other than Caching, as defined and subject to the
             restrictions in the section “Caching”.
        2. Your program, service, or website modifies, augments, filters, or removes any existing data
             in your system and/or database and stores the results for any reason other than Caching, as
             defined and subject to the restrictions in the section “Caching”.
 Should any of your data be determined by the terms of this agreement to be Derivative Work, said
 Derivative Work must be made accessible to the general public and licensed under the Creative
 Commons Attribution-NonCommercial-ShareAlike license (link).
Caching
Under this agreement, the license provided to you by EMG grants you the right to temporarily store
data retrieved via the API for the sole purpose of accessing it in the same form as it was originally
retrieved (“Cache”) . This data may be stored for a period that may not exceed 24 hours from the time
it was initial retrieved via the API. Private information as defined in the Privacy Policy at (link) may
not be cached, nor may any portion of any musical recording being Streamed be cached.


Data Storage
Subject to the terms of this Agreement, you may store data (excluding Streams) obtained via the API
on your servers, systems, and/or databases unless such data is Private Information as defined by the
Privacy Policy at (link), this includes but is not limited to any passwords which are transmitted to the
API or are preparing to be transmitted to the API. Under no circumstance are you permitted to store
any portion of any media content being Streamed. You are responsible for securing the mechanisms by
which you store data obtained via the API or ensuring they are secured. Any breach or compromise of
the security of your systems or the system you employ which hold data obtained with the API may
result in termination of your license and suspension or termination of your ability to use the API.


Payment
Subject to your compliance with all the terms of this agreement, you are granted access to all the
functionality of the API free of charge.


Applicable Law
This Agreement and the relationship between you and EMG shall be governed by the laws of the State
of New York without regard to its conflict of law provisions. You and EMG agree to submit to the
personal and exclusive jurisdiction of the courts located within the State and County of New York.


Representations & Warranties
You represent and warrant that you have the full authority to act on your behalf and on behalf of any
and all owners of any right, title and interest in and to any data, including test, images, musical
recordings, of videos transmitted from your program, service, and/or website via the API. You
represent and warrant that you are either more than 18 years of age, or an emancipated minor, or
possess legal parental or guardian consent, and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to
abide by and comply with this Agreement and have obtained all necessary third-party consents,
licenses and permissions necessary to enter into and fully perform your obligations herein. In any case,
you affirm that you are over the age of 13, as the API is not intended for children under 13. If you are
under 13 years of age, then please do not use the API. Your access to the API may be deleted or
blocked without warning if it is found that you are misrepresenting your age.

Your membership is solely for your personal use, and you shall not authorize others to use the API on
your behalf. You represent and warrant that you are solely responsible for data transmitted from your
program, service, and/or website via the API, and you shall be solely responsible for the consequences
of posting or publishing it. In connection with data transmitted from your program, service, and/or
website, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights,
consents, and permissions to use and authorize EMG to use all patent, trademark, trade secret,
copyright or other proprietary rights in and to any and all data; and (ii) you have the written consent,
release, and/or permission of each and every identifiable individual person in the data to use the name
or likeness of each and every such identifiable individual person to enable inclusion and use of the data
You represent and warrant that you shall not act in any manner that conflicts or interferes with any
existing commitment or obligation of yours, and that no agreement previously entered into by you will
interfere with your performance of your obligations under this Agreement.
You represent and warrant that you shall perform in compliance with any applicable laws, rules and
regulations of any governmental authority.

You represent and warrant that you will not use the API to transmit, or otherwise make available any
material that contains software viruses or any other computer code, files or programs designed to
interrupt, destroy, or limit the functionality of any computer software or hardware or any
telecommunications equipment.


Disclaimer
YOUR USE OF THE API IS AT YOUR SOLE RISK. THE API IS PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. EMG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. EMG MAKES NO WARRANTY THAT (i) THE API WILL MEET
YOUR REQUIREMENTS, (ii) THE API WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE API
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE API WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM EMG OR THROUGH OR FROM THE API SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.


Indemnification, Limited Liability
You hereby indemnify and hold harmless, and upon EMG’s request, defend, EMG its affiliates (and
their respective directors, officers and employees) from and against any and all losses, liabilities,
damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim,
action, or proceeding brought by a third party based on: (i) a breach of any warranty, representation,
covenant or obligation of yours under this Agreement; or (ii) any allegation that any data transmitted
from your program, service, and/or website via the API violates or infringes the rights of another party.
You will reimburse EMG and its affiliates on demand for any actual payments made in resolution of
any liability or claim that is subject to indemnification under this Section 14, provided that EMG
obtains your written consent prior to making such payments, such consent not to be unreasonably
withheld, delayed or conditioned. EMG shall promptly notify you of any such claim, and you shall
assume control of the defense of such claim upon EMG’s request. EMG shall have the right, at its
expense, to participate in the defense thereof under your direction.

EXCEPT PURSUANT TO YOUR INDEMNITY OBLIGATION IN SECTION 14(a), AND EXCEPT
FOR A BREACH OF YOUR REPRESENTATIONS AND WARRANTIES IN SECTION 12, IN NO
EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS
OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EMG’S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU
TO EMG FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.


General
1. The section titles in this Agreement are for convenience only and have no legal or
   contractual effect
2. The failure of EMG to exercise or enforce any right or provision of this Agreement shall not
   constitute a waiver of such right or provision.
3. If any provision of this Agreement is found by a court of competent jurisdiction to be
   invalid, the parties nevertheless agree that the court should endeavor to give effect to the
   parties’ intentions as reflected in the provision, and the other provisions of this Agreement
   remain in full force and effect.

				
DOCUMENT INFO
Shared By:
Tags: AnyMedia
Stats:
views:15
posted:7/10/2011
language:English
pages:5
Description: AnyMedia is a truly global product, which supports all relevant international standards, the system combines the application of North America TR303/TR08 exchange interface and internationally V51/V52 interface. AnyMedia systems integration capacity broadband data and video services can be integrated together as part of the system telephone and broadband or existing network coverage, enabling more convenient service program design and higher cost performance.