RIPL API Terms of Use

Thank you for using the RIPL application programming interfaces (together with related documentation, the "RIPL APIs"). By using the RIPL APIs, you agree to the terms below. If you are an individual and are entering into this agreement on behalf of an entity, you represent that you have the authority to bind such entity to all of the terms and conditions of this agreement. If you disagree with any of these terms, RIPL does not grant you a license to use the RIPL APIs. We reserve the right to update and change these terms from time to time without notice. You can always find the most recent version of these terms here: http://www.ripl.com/developer/tos.php.

Your license to the RIPL APIs under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the RIPL APIs. RIPL may terminate the license at any time for any reason. Your rights to use the RIPL APIs terminate automatically if (i) you violate any of these terms, (ii) RIPL publicly posts a written notice of termination on RIPL.com, (iii) RIPL sends a written notice of termination to you, or (iv) RIPL disables access to the RIPL APIs to you.

1. Licensed Uses and Restrictions.

The RIPL APIs are owned by RIPL (hereinafter "RIPL") and are licensed to you on a limited worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These terms define legal use of the RIPL APIs, all updates, revisions, substitutions, and any copies of the RIPL APIs made by or for you. All rights not expressly granted to you are reserved by RIPL.

a. You shall:

Comply with these Terms of Use.
Comply with any requirements or restrictions imposed on usage of the RIPL content.
Remove from your application within 24 hours any RIPL content or other information that RIPL asks you to remove.
Disclose in your application through a privacy policy or otherwise displayed in the footer of each page, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.
To the extent that you upload or otherwise introduce any content to RIPL via the RIPL APIs, agree to the RIPL Terms of Service, as they may be amended from time to time, found at http://www.ripl.com.

b. You shall not:

Use RIPL APIs for any application that replicates or attempts to replace the essential user experience of RIPL.com.
Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use RIPL APIs.
Use an unreasonable amount of bandwidth.
Cache or store any RIPL content other than for reasonable periods in order to provide the service you are providing to RIPL users.
Use RIPL APIs for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
Use RIPL 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.
Use RIPL as a generic image hosting service for banner advertisements, graphics, etc.
Use RIPL APIs in a manner that adversely impacts the stability of RIPL.com servers or adversely impacts the behavior of other applications using the RIPL APIs.
Sell, lease, or sublicense RIPL APIs or access thereto or derive revenues from the use or provision of RIPL APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.
Reverse engineer, decompile, modify, disassemble or grant any rights in the RIPL APIs.

2. Commercial Use.

a. Rules and Restrictions.

If the primary purpose of your application is to derive revenue, it is considered a commercial application. RIPL reserves the right to make these evaluations at the time that you apply for the license. RIPL may also monitor your site or application over time to ensure continued compliance with the appropriate type of API key.

If you're in doubt about whether your application is commercial, here are a few common examples of commercial use that may provide you some guidance:

Users are charged a fee for your product or service which includes some sort of integration using the RIPL APIs.
You sell services to RIPL users and use the APIs to bring users' RIPL content into your service.
Your site is a "destination" site that uses RIPL content to drive traffic and generate ad revenue.

b. Application for a Commercial API Key.

If you want to apply for a commercial API key, go to the following form to see what information you need to provide: http://beta.ripl.com/developer/1/getKey.php. You can't be too specific about your intended use of the RIPL Commercial API! Lack of specificity or supporting information could delay your application indefinitely. When in doubt, it's always better to include more detail about your application. Your request for a commercial API key may be subject to payment of licensing fees or other fees appropriate to the situation.

3. Attribution.

You shall not use "RIPL" in the hostname of your application, i.e. RIPL.mydomain.com
Any use of the RIPL logo in your application shall be less prominent than the logo or mark that primarily describes the application and your use of the RIPL logo shall not imply any endorsement by RIPL.
If you obtain a commercial license to the RIPL APIs and upon request by RIPL, you agree to display "powered by RIPL" branding as provided by RIPL in a manner at least as prominent as similar ingredient brands appearing in your product, application or web site.

4. Ownership and Relationship of Parties.

The RIPL APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. RIPL's rights apply to the RIPL APIs and all output and executables of the RIPL APIs, excluding any software components developed by you which do not themselves incorporate the RIPL APIs or any output or executables of the RIPL APIs. 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. RIPL owns all rights, title, and interest in and to the RIPL APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by RIPL, including (but not limited to) the RIPL APIs and RIPL trademarks. RIPL hereby reserves all rights not granted in these Terms of Service.

5. License to Feedback, Suggestions or Recommendations.

You agree to use the Feedback features appearing on http://www.ripl.com to promptly disclose any ideas, suggestions, modifications, alterations, concepts, feedback, suggestions, etc. ("Feedback") you make to or about the RIPL APIs or technical information furnished hereunder and hereby grant RIPL an unlimited, irrevocable, perpetual, transferable, non-exclusive, royalty-free, worldwide license to use and/or incorporate into the RIPL Service any such Feedback.

6. Support.

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

7. Fees and Payments.

RIPL is committed to free and open access to our APIs for commercial and non-commercial purposes. However, providing the APIs does have real costs for RIPL. For uses of RIPL APIs over a certain rate or for certain types of commercial applications, RIPL reserves the right to charge fees for future use of or access to the RIPL APIs.

8. Disclaimer of Any Warranty.

SOME OF THE RIPL API'S MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. RIPL DOES NOT REPRESENT OR WARRANT THAT ANY RIPL API'S ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

THE RIPL API'S ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND RIPL EXPRESSLY DISCLAIMS ANY AND 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. YOUR USE OF RIPL API'S IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY RIPL APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

YOUR USE OF RIPL API'S IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY RIPL APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

9. Limitation of Liability.

RIPL 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 RIPL API'S, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT RIPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL RIPL BE LIABLE TO YOU FOR ANY AMOUNT.

10. 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. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 8 AND 9 MAY NOT APPLY TO YOU.

11. Release and Waiver.

To the maximum extent permitted by applicable law, you hereby release and waive all claims against RIPL, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of RIPL APIs. If you are a California resident, you waive your rights under 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 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.

12. Hold Harmless and Indemnity.

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify RIPL 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 RIPL APIs, 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. RIPL shall use good faith efforts to provide you with written notice of such claim, suit or action.

13. General Terms.

Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and RIPL shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of RIPL, express or implied, and you shall not attempt to bind RIPL to any contract.
Invalidity of Specific Terms. If any provision of the Terms of Use 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 such documents remain in full force and effect.
Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between you and RIPL shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and RIPL agree to submit to the personal jurisdiction of the courts located within the county of King, Washington.
No Waiver of Rights by RIPL. RIPL's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between RIPL and you with respect to the subject matter hereof.

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