 |
|
|
Welcome to Commission Junction's application programming interfaces (the "CJ APIs"). By using the CJ APIs, you agree to these terms of use (the "API Terms of Use"), and the CJ Website Terms of Use ("TOU") located at http://cj.com/terms.html. If you disagree with any of the terms below or the TOU, Commission Junction does not grant you a license to use the CJ APIs. In the event of any inconsistency between these API Terms of Use and the TOU, these API Terms of Use control.
Commission Junction, Inc.("CJ") reserves the right to update and change, from time to time, these API Terms of Use and all documents incorporated by reference. You can always locate the most recent version of these API Terms of Use at http://webservices.cj.com/terms.html. CJ may change these API Terms of Use by posting a new version without notice to you and your continued use of the CJ APIs after such change constitutes your acceptance of such changes.
1. Licensed Uses and Restrictions.
The CJ APIs are owned by CJ and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These API Terms of Use define legal use of the CJ APIs, all updates, revisions, substitutions, and any copies of the CJ APIs made by or for you. All rights not expressly granted to you are reserved by CJ.
a. Subject to the restrictions set forth in these API Terms of Use, You may use the CJ APIs and any updates provided by CJ (in its sole discretion). Your license to the CJ APIs under these API Terms of Use continues until terminated by either party. You may terminate the license by discontinuing use of the CJ APIs and CJ may terminate the license at any time for any reason. These API Terms of Use terminate automatically if (i) you violate any term of these API Terms of Use, (ii) CJ publicly posts a written notice of termination on CJ's Web site, (iii) CJ sends a written notice of termination to you, or (iv) CJ ceases to provide you with access to the CJ APIs.
b. Unless otherwise specified, use and redistribution of all computer code made available by CJ is permitted in source and binary forms, with or without modification, subject to the Open Source Institute licenses. The following conditions must be met:
(i) Redistributions in source code form must contain the copyright notice "Copyright © Commission Junction Inc. 2006, All Rights Reserved", this list of conditions, and the following disclaimer.
(ii) Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the following disclaimer in the documentation and/or other materials provided with the distribution.
(iii) Neither the name of Commission Junction nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of CJ.
(iv) DISCLAIMER TO BE INCLUDED WITH CJ COMPUTER CODE
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
c. If your product or service uses or is based upon the CJ APIs, you may only use the graphics and code ("Attribution") approved or provided by CJ. By using CJ graphics and code, you agree to be bound by the following terms and conditions:
(i) Your right to display the Attribution is limited to your web site;
(ii) You may not remove, distort or alter any element of the Attribution (including the html code) or otherwise change the size or appearance of the Attribution in any way;
(iii) You may not display the Attribution in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by CJ, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of CJ or its personnel;
(iv) The Attribution should not be the most prominent element on your web page;
(v) The Attribution must appear adjacent to your use of CJ content, with a maximum spacing of 5 pixels between the Attribution and the graphic or textual elements within the web page that uses CJ Web Services.
(vi) You may not display the Attribution in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to CJ, or impairs the rights of CJ in its trademarks or logos, in CJ sole opinion.
(vii) You may not use the Attribution on a site that violates any law or regulation;
(viii) CJ reserves the right in its sole discretion to terminate or modify your permission to display the Attribution at any time and to take action against any use that does not conform to these terms and conditions, infringes any CJ or third party intellectual property or other right, or violates applicable law.
(ix) CJ DISCLAIMS ANY WARRANTIES THAT MAY BE EXPRESS OR IMPLIED BY LAW REGARDING THE ATTRIBUTION, INCLUDING WARRANTIES AGAINST INFRINGEMENT.
d. You shall use instructions provided in the CJ APIs to place the CJ Web Services developer key ("developer key") into any application or service you develop that incorporates or makes any use of the CJ APIs. You may only create a single developer key per application or service and such developer key must accompany all web services requests coming from that application or service. You can sign up for a developer key at https://api.cj.com/signUp.do. In order to sign up for a developer key you must have a CJ Advertiser or Publisher account already established. You shall not create any script or other automated tool that attempts to create multiple developer keys.
e. If you wish to confirm that your application constitutes an acceptable use of the CJ APIs or wish to inquire about rate limit increases, register your application with us.
f. You shall not:
(i) use the CJ APIs in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia), goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;
(ii) use the CJ 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 any third party rights, or is, in any manner, inconsistent with the CJ TOU or these API Terms of Use;
(iii) use the CJ APIs to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that the CJ APIs are not designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which CJ is not responsible;
(iv) sell, lease, or sublicense the CJ APIs or access thereto or derive income from the use or provision of the CJ APIs, whether for direct commercial or monetary gain or otherwise, without CJ's prior, express, written permission;
(v) use the CJ APIs in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with the purposes of these API Terms of Use, as determined by CJ in its sole discretion;
(vi) use the CJ APIs in a product or service that competes with products or services offered by CJ.
2. Ownership and Relationship of Parties.
The CJ APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the United States and other countries. CJ's rights apply to the CJ APIs and all output and executables of the CJ APIs, excluding any software components developed by you which do not themselves incorporate the CJ APIs or any output or executables of the CJ 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 API Terms of Use and in the TOU. CJ owns all rights, title, and interest in and to the CJ APIs. These API Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by CJ, including (but not limited to) the CJ APIs and CJ trademarks.
3. Support.
CJ may elect to provide you with support or modifications for the CJ APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. CJ may change, suspend, or discontinue any aspect of the CJ APIs at any time, including the availability of any CJ APIs. CJ may also impose limits on certain features and services or restrict your access to parts or all of the CJ APIs or the CJ Website without notice or liability.
4. Fees and Payments.
CJ reserves the right to charge fees for future use of or access to the CJ APIs in CJ's sole discretion, and any such charges will be disclosed to you prior.
5. Disclaimer of Any Warranty.
SOME OF THE CJ APIS ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. CJ DOES NOT REPRESENT OR WARRANT THAT ANY CJ APIS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE CJ APIS ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND CJ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, (A) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (C) THAT A PARTY'S SECURITY METHODS WILL BE SUFFICIENT, (D) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (E) AGAINST INTERFERENCE WITH ENJOYMENT OF A PARTY'S "INFORMATION" (WEB SITE). ALL 'INFORMATION' AND 'COMPUTER PROGRAMS' PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER.
6. Limitation of Liability.
CJ SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE CJ APIS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL CJ BE LIABLE TO YOU FOR ANY AMOUNTS.
7. 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 5 AND 6 MAY NOT APPLY TO YOU.
8. Release and Waiver.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against CJ, and its associated companies, 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 CJ 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.
9. Hold Harmless and Indemnity.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify CJ and its associated companies, 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 CJ 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. CJ shall use good faith efforts to provide you with written notice of such claim, suit or action.
10. General Terms.
a. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the API Terms of Use, you and CJ 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 CJ, express or implied, and you shall not attempt to bind CJ to any contract.
b. Invalidity of Specific Terms. If any provision of the API 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.
c. Location of Lawsuit and Choice of Law. The API Terms of Use and the relationship between you and CJ shall be governed by the laws of the State of California without respect to choice of law rules and the Parties hereby consent to exclusive jurisdiction and venue in the state and federal courts in Los Angeles County, California for such purpose.
d. Force Majeure. CJ shall not be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause beyond its reasonable control, including but not limited to electrical outages, failure of Internet service providers, default due to Internet disruption (including without limitation denial of service attacks), riots, insurrection, war (or similar), fires, flood, earthquakes, explosions, and other acts of God.
e. Severability/Waiver. If any provision of the API Terms of Use is held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of this the API Terms of Use shall remain in full force and effect. The parties shall in good faith attempt to modify any invalidated provision to carry out the Parties' stated intentions. The waiver of any breach of any provision by any party shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver.
f. Entire Agreement, Assignment and Amendment. API Terms of Use contain the entire understanding and agreement of the parties. You may not assign API Terms of Use without the prior express written permission of CJ. API Terms of Use may only be altered, amended or modified with the prior express written permission of CJ.
g. Miscellaneous. The section headings and subheadings contained in the API Terms of Use are included for convenience only, and shall not limit or otherwise affect the terms of the API Terms of Use. Any construction or interpretation to be made of the API Terms of Use shall not be construed against the drafter.
|
|
 |
 |
 |
|
|
