Last Updated: September 26, 2012
We strongly believe that third-party development increases the value and attractiveness of the App.net service to our members, and thus, that our interests are fundamentally aligned with yours. Through transparent policies and a flexible API, our goal is to empower developers to create a wide variety of interesting, innovative applications for App.net users.
These terms and conditions ("Developer Terms") apply to the use by any developer of the App.net application programming interface and other related materials provided by App.net (collectively, the "API"). Please read them carefully.
By signing up for a developer account and accessing the App.net API, you agree to be bound by all of the terms below. If you are agreeing to these Developer Terms on behalf of a company or legal entity, you represent that you are authorized and legally able to bind such company or legal entity to these Developer Terms. If you don't agree to all of the terms below, please do not use the API. Also, if a term does not make sense to you, please let us know by e-mailing [email protected].
We reserve the right to modify these Developer Terms at any time.
Whenever we make changes to these Developer Terms, the changes are effective six (6) weeks after we post such revised Developer Terms to our website (indicated by revising the date at the top of these Developer Terms), or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Developer Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check the website regularly for changes to these Developer Terms.
If you continue to use the API after the revised Developer Terms are in effect, then you have accepted the revised Developer Terms.
Subject to your compliance with the terms and conditions of these Developer Terms, App.net grants you a limited, revocable, non-exclusive, non-transferable license to access and use the API solely for the purpose of developing and implementing applications that interoperate or interface directly with the App.net service (the "Applications").
All Applications created using the API must include a conspicuous link to a terms of service agreement applicable to the end user's use of such Application and to a privacy policy that details how you collect, use, store, and disclose data collected from end users. Your terms of service and privacy policy must respect the rights of App.net end users in a manner generally consistent with the App.net Terms of Use and Privacy Policy.
All Applications must comply with any applicable requirements or use restrictions associated with the end user's content as specified by the applicable end user. Further, if you send any direct communication to individual end users outside of channels provided by the API (e.g., an e-mail), you must include a mechanism enabling end users to stop receiving such communications.
You may use the API to create Applications that include advertising or marketing materials or that are designed for a commercial or business purpose. You acknowledge that is in the sole discretion of App.net end users whether to follow or use any Application that you create.
You are not permitted to install or use the API for any other purpose other than those contemplated in these Developer Terms without App.net's prior written consent. You will not use the API to infringe upon, violate, dilute or misappropriate the patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party.
Further, you will not use the API:
- to violate any law, statute, ordinance or regulation;
- to create Applications which are defamatory, libelous, fraudulent, deceptive, threatening, harassing, obscene, pornographic or indecent;
- to "spam" or harass App.net users by sending unsolicited messages, notifications, comments or other unwelcome content;
- to create an Application that introduces or propagates unauthorized data, malware, viruses, worms, trojan horses, spyware, worms, other malicious or harmful code;
- to create an Application that posts or deletes content on behalf of an App.net user without their authorization or initiation of such actions; or
- in a manner that adversely impacts the stability of App.net's servers, or otherwise adversely impacts the functionality or use of the App.net website or other applications using the API.
As between you and App.net, all right, title and interest in and to the API (including all intellectual property rights therein) are and will at all times remain the sole and exclusive property of App.net. These Developer Terms do not include the right for you to use any trademark, service mark, trade name or any other mark of App.net or any other party, with the exception of any assets provided and licensed to you on our developer assets page. No rights or licenses are granted except as expressly and unambiguously set forth herein.
Except as expressly permitted in these Developer Terms, you will not:
- distribute the API to any third party;
- sell, sublicense, distribute or otherwise commercially exploit the API;
- improve, prepare derivative works of or otherwise modify the API;
- reverse engineer, decompile, disassemble, or attempt to derive source code from the API; or
- remove, obscure, or alter any intellectual property right or confidentiality notices or legends appearing in or on any aspect of the API or the App.net website.
We love feedback. Please let us know what you think of the API, these Developer Terms and, in general, App.net. When you provide us with any feedback, comments or suggestions about the API, these Developer Terms and, in general, App.net, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.
Access to the API is available to any active App.net subscriber with an active developer account. App.net has created an optional "Developer Incentive Program" which developers may elect to participate in at their own discretion. For information about the App.net Developer Incentive Program, click here.
THE API AND ANY OTHER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE API ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE API AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE API WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL APP.NET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE API OR ANY APPLICATION AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE API OR ANY APPLICATION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR ONE 12 MONTH SUBSCRIPTION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the API (or the use of the API by any person using your account) or relating to any Application you create using the API, including any claim that your use of the API or any Application you create using the API violates any applicable law or regulation, or the rights of any third party, and/or these Developer Terms.
The validity of these Developer Terms and the rights, obligations, and relations of the parties under these Developer Terms will be construed and determined under and in accordance with the laws of the State of California, without regard to conflicts of law principles.
You expressly agree that exclusive jurisdiction for any dispute with App.net, or in any way relating to your use of the App.net website or the API, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California located in San Francisco, California in connection with any such dispute including any claim involving App.net. You further agree that you will not commence against App.net a class action, class arbitration or other representative action or proceeding.
If you breach any of these Developer Terms, we have the right to suspend or disable your access to or use of the API.
These Developer Terms constitute the entire agreement between you and App.net regarding the use of the API, superseding any prior agreements between you and App.net relating to your use of the API.
You agree that all nonpublic information that you may gain access to regarding App.net, the API, and other App.net content or services will be considered App.net's confidential information, and you agree to not use or disclose such confidential information except as necessary to carry out the objectives of these Developer Terms.
Use of the API does not create a partnership, agency, joint venue or any employee-employer relationship between you and App.net. At all times the relationship between you and App.net is that of independent contractors. You are responsible for all state, local, federal or other taxes that you are obligated to pay in connection with your use of the API or any Applications you create by using the API.
If you have any questions about these Developer Terms, please contact us at:
App.net Development Team
c/o Mixed Media Labs, Inc.
650 5th St., Suite 403
San Francisco, CA 94107
[email protected]