ipernity API Terms and Conditions of use

You've chosen to use the ipernity API and we thank you for that.

ipernity grants you a license to use its API under the terms and conditions set forth below. These terms and conditions may be updated at any time without notice. You can view the latest version at this address: www.ipernity.com/about/api.tou

Your use of the API results in unconditional acceptance of the most recent terms and conditions.

License to use the API is granted non-exclusively and non licensable, for an unlimited time until terminated by either party.

ipernity may terminate your license at any time for any given reason. The goal of this document is to give you as much information possible to avoid this from occurring. You can also terminate your license at any time by ceasing to use the API and removing your API key.

1. Request and use of an API key

The use of the API requires obtaining an identifier (the "key") and a secret code (the "secret") issued by ipernity as detailed below.

To obtain a key you will be asked to detail the precise application to be made and provide other necessary information.

You agree to:

• (a) Provide true, accurate and complete information on your identity and the objectives of your application.

• (b) Keep the information up-to-date.

Providing this information and keeping it up-to-date is a critical condition on your right to use the API.

• If your application is intended for profit you must request a commercial key. See the chapter "Commercial Use" below.

• You can't change the purpose of an existing key. It is prohibited to use a non-commercial key for commercial use and vice-versa. Any change associated with use of the API will require a new application key.

• It is your responsibility to keep your key and secret confidential. You are responsible for all activities related to API use associated with your key and you agree to immediately notify ipernity of any fraudulent use of your key may have.

2. Terms and restrictions of use

Please read and respect the rules of the ipernity community as described on www.ipernity.com/about/guidelines and the terms and conditions of ipernity use as described at www.ipernity.com/about/tos .

Conditions of use of ipernity contents

The API allows you to access contents hosted on ipernity. These contents are not owned by ipernity but by the ipernity members who publish them. For any content you want to use you must comply with the conditions imposed by the owner in terms of sharing (public, private) and licensing (all rights reserved, Creative Commons ...).

• If your application is commercial, only use contents under Creative Commons licensing that allows commercial use (unless you have an agreement between their owners and yourself). See creativecommons.org/

• Don't store ipernity member content longer than it is required for your application purpose.

• You must reflect changes members make to their content as soon as possible. For example, if a member decides to stop sharing a photo, you must delete it from your application.

• You have twenty-four hours (24) to comply with content removal requests from owners.

• In all cases, you are solely responsible for using ipernity contents in accordance with the conditions and restrictions imposed by their owners.

Restrictions and responsibilities for your application

Remember that the availability of the API represents a real cost to ipernity. Design your application to make wise use of API resources and offer a genuinely useful service to users.

• Your application must not compete, copy, or attempt to portray itself as ipernity to the user.

• Your application can't use ipernity's logo or brand without specific written agreement from ipernity. In this case, the ipernity logo or brand must remain less prominent than your application logo or brand.

• Your application must not aim to broadcast advertising, eavesdrop, create databases or perform operations not approved by the user.

• Provide a visible privacy policy in your application. Including how you collect, store, use and distribute ipernity members' content.

• Don't attempt to exploit any security vulnerabilities that disrespect members privacy. If you detect a possible flaw, be discreet and let us know as soon as possible.

• You can't use ipernity as a storage server for advertising banners or consume excessive amounts of bandwidth. For example don't show more than fifty documents per page.

• Don't make large numbers of unnecessary API requests which could slowdown or unstabilized the ipernity platform.

• If your application generates a large number of API requests and thereby is a significant cost to ipernity, a financial contribution may be required. If you have any doubt regarding the impact of your application, please contact us.

3. Commercial Use

If your application intends to profit, directly or indirectly, your application will be considered as commercial.

If you have any doubt as to whether or not your application is commercial, here are some examples of commercial applications to help you:

• Your application sells a product or service that requires use of the ipernity API.

• Your application displays ipernity contents to generate advertising revenue.

• You sell a service to ipernity users and you use the API to import ipernity user content into your service.

Applying for a commercial API key

When requesting a new API key:

• Check the option "Commercial use" and give us as much detail as possible to help us process your request.

• While waiting for our response your key status will be "awaiting validation" and your key can be used for testing purpose only.

• If we approve your key request, payment may be required.

4. Access to content with the users permission

Your application can offer users to grant certain permissions to access their contents. Here are some principles that your application must meet:

• Do not ask the user to enter his username and password. Use the authorization system made available by the API.

• In the case of a desktop application, notify the user of the procedure as stated in the document www.ipernity.com/help/api/auth.soft.html

• In the case of a web application, display a banner at the top of the page to allow the user to return to ipernity.

• Always warn a user when an operation will modify, alter or delete one or more of his contents.

5. Disclaimer of warranties

Nothing in these terms and conditions shall affect your statutory rights as a consumer.

You expressly understand and agree that:

• Your use of the ipernity API is at your sole risk.

• The ipernity API is provided on an “as is” and “as available” basis.

• To the maximum extent permitted by applicable law, ipernity expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

ipernity makes no warranty that:

• the ipernity API will meet your requirements;

• the ipernity API will be uninterrupted, timely, secure, or error-free;

• the results that may be obtained from the use of the ipernity API will be accurate or reliable;

• the quality of any products, services, information, or other material purchased or obtained by you through the ipernity API will meet your expectations; and/or

• any errors in the ipernity API will be corrected.

No advice or information, whether oral or written, obtained by you from ipernity or through or from the Service shall create any warranty not expressly stated in these terms and conditions.

6. Limitation of liability

The stipulation of the present conditions only exonerates and limits ipernity’s liability in case of loss within the limits prescribed by the law.

ipernity shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages resulting from:

• the use or the inability to use the ipernity API;

• the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the ipernity API;

• unauthorized access to or alteration of your transmissions or data;

• statements or conduct of any third party on the ipernity API; or

• any other matter relating to the ipernity API ;

including but not limited to damages for loss of:

• goodwill;

• data;

• content;

• profits ; or

• any other matter related or intangible losses ;

even if ipernity has been advised of the possibility of such damages.

7. General terms

This document regulates the use of the Ipernity API (Application Programmer's Interface) provided by IMA (ipernity members association), a non-profit organization with its registered office at 16, Rue Marie Gausson, 94350 Villiers-sur-Marne, France and registered in Nogent-sur-Marne under number W942006250.

Choice of Law and Forum. These terms and conditions and the relationship between you and ipernity shall be governed by the French laws without any regard to its conflict of law provisions. You and ipernity agree to submit to the personal and exclusive jurisdiction of the courts located in Nogent-sur-Marne, France.

Waiver and severability of terms. The failure of ipernity to exercise or enforce any right or provision of the terms of the ipernity API shall not constitute a waiver of such right or provision. If any provision of the terms of service 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 the present terms remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use the ipernity API or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Disclaimer : for informational purpose only. This is a translation provided for English-speaking users by courtesy of ipernity. The original French-speaking document can be found at: www.ipernity.com/about/api.tou?ol=fr

Last update of the French original: 2017/11/28

Last update of the English translation: 2017/11/28