API Terms and Conditions

API Terms and Conditions

LAST UPDATED: APRIL 27, 2015

 

Thank you for using the Layerfarm Application Programming Interfaces (the “Layerfarm APIs”). By using the Layerfarm APIs, you agree to abide by these Layerfarm API Terms of Use (the “API Terms”) and any and all guidelines or other documentation provided by Layerfarm for use in connection with the Layerfarm APIs (the “API Documentation”) as well as the Layerfarm Terms of Service. In the event of any inconsistency between these API Terms and the Terms of Service, these API Terms shall control.

If you are accepting these API Terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these API Terms, in which case “you” or “your” as used herein shall mean such entity.

  1. License Grants and Restrictions.
    1. API License Grant. Subject to your compliance with these API Terms, we grant you a non-exclusive, revocable, non-transferable and non-sublicensable license to (i) access and use the Layerfarm APIs to receive modify and use user content (the “User Content”) from the Layerfarm service (the “Layerfarm Service”) subject to the permissions of the relevant users accounts; (ii) display the User Content on your website or native application for mobile devices (“Your Application”); and (iii) to use the APIs or User Content to develop, test, and support Your Application, and to distribute Your Application to end users and to allow such end users to access your integration of the APIs within Your Application. You may not install or use the APIs for any other purpose without Layerfarm’s prior written consent.
    2. Trademark License Grant. Subject to your compliance with these API Terms, we grant you a non-exclusive, revocable, non-transferable and non-sublicensable license to reproduce and display the Layerfarm name and logo (the “Layerfarm Marks”) in accordance with Layerfarm’s trademark guidelines and solely to promote or advertise your integration of the APIs in Your Application.
    3. You Must:
      1. Obtain the explicit consent of the user before collecting, posting or sharing any User Content obtained through the Layerfarm APIs on a user’s behalf. Mere authorization of your application by the user does not constitute consent.
      2. Comply with the Layerfarm Terms of Service at http://layerfarm.com/content/terms-service.
      3. Comply with any requirements or restrictions imposed on usage of User Content by the owner of such content. Although the Layerfarm APIs can be used to provide you with access to User Content, neither Layerfarm’s provision of the Layerfarm APIs to you nor your use of the Layerfarm APIs overrides any requirements or restrictions placed on such User Content by the user.
      4. Provide users with clear and readily accessible information regarding , how you collect, use, store and disclose their data .
      5. Obtain the consent of a user prior to deleting or destroying any of the content associated with their Layerfarm account.
      6. Provide attribution to Layerfarm as the source of data in accordance with the following guidelines:
        1. Display an Layerfarm Mark so it is clear to the user that the data is from Layerfarm.
        2. Link the logo in such Layerfarm Mark to http://layerfarm.com.
        3. Comply at all times with trademark guidelines provided by Layerfarm when using or displaying the Layerfarm Marks.
    4. You (and Your App) May Not:
      1. Access, store, or share private user content or passwords.
      2. Make requests that exceed our rate limits or use the APIs in a manner that impacts the stability of Layerfarm’s servers or impacts the behavior of other applications using the APIs.
      3. Use “nofollow” on your links to Layerfarm. All links back to Layerfarm should be followable.
      4. Use fraudulent information to register for a Developer Account.
      5. Request or publish information impersonating an Layerfarm user, misrepresent any user or other third party in requesting or publishing information.
      6. Create or disclose metrics about, or perform any statistical analysis of, the Layerfarm APIs.
      7. Display Layerfarm’s Marks or User Content in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and Layerfarm, other than your permitted use of the APIs under the terms of this API Agreement.
      8. Display the User Content on any site that disparages Layerfarm or its products or services, or infringes any Layerfarm intellectual property or other rights. i) Copy, sell, rent, lease, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized under applicable statutory law), modify or alter any part of the Layerfarm APIs.
      9. Sell, rent, lease, share, transfer, assign, or sublicense any User Content or other information or data obtained through the Layerfarm APIs, directly or indirectly, to or with any third party, including any data broker, ad network, ad exchange, or other advertising or monetization-related party.
      10. Use the User Content in any advertisements or for purposes of targeting advertisements (whether such advertisements appear in Your Application or elsewhere).
      11. Attempt to cloak or conceal your identity or your application’s identity when requesting authorization to use the APIs.
      12. Use the APIs for any application that constitutes, promotes or is used primarily for the purpose of dealing in: 1. spyware or any other malicious programs or code; 2. activities that violate any law or regulation, or any rights of any person, including but not limited to intellectual property rights; 3. activities that, in Layerfarm’s sole judgment, are offensive or might harm Layerfarm’s business or its reputation.
  2. Usage Limitations. Layerfarm may limit the maximum User Content that may be accessed, the rate at which such User Content may be accessed, and/or the number of network calls that Your Application may make via the Layerfarm APIs. Layerfarm may change such usage limits at any time, and/or may utilize technical measures to prevent over-usage and/or stop usage of the Layerfarm APIs by an application after any usage limitations are exceeded.
  3. Fees and Payment. The Layerfarm APIs are currently provided for free, but Layerfarm reserves the right to charge fees for the future use of or access to the Layerfarm APIs. If we do charge a fee for use of the Layerfarm APIs or any developer tools and features, you do not have any obligation to continue to use our developer resources.
  4. Termination. Your license to utilize the Layerfarm APIs and the Layerfarm Marks shall continue until it is terminated by either party as set forth herein. You may terminate this license at any time by discontinuing use of the Layerfarm APIs and closing your developer account. Layerfarm may suspend or terminate your use of all or any of the Layerfarm APIs at any time and for any reason or no reason at all upon notice to you, which notice may be delivered via email or in writing. Upon termination of your license for any reason, you shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the Layerfarm APIs, User Content and Layerfarm Marks.
  5. Disclaimer of Any Warranty. Some of the Layerfarm APIs may be experimental and not tested in any manner. Layerfarm does not represent or warrant that any Layerfarm APIs are free of inaccuracies, errors, bugs or interruptions, or are reliable, accurate, complete or otherwise valid. The Layerfarm APIs are provided “as is” with no warranty, express or implied, of any kind and Layerfarm expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement. Your use of the Layerfarm APIs is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any Layerfarm APIs including, but not limited to, any damage to your computer system or loss of data.
  6. Limitation of Liability. Layerfarm 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 Layerfarm 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 Layerfarm has been advised of the possibility of such damages. Under no circumstances shall Layerfarm be liable to you for any amount. 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 limitations in Sections 5-7 may not apply to you.
  7. Release and Waiver. To the maximum extent permitted by applicable law, you hereby release and waive all claims against Layerfarm, 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 the Layerfarm APIs, the User Content or the Layerfarm Marks. 
  8. Indemnification. To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Layerfarm and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all third party claims arising from or in any way related to your use of the Layerfarm APIs, including any liability or expense arising from all claims, losses, damages, liabilities, costs and fees (including reasonable attorneys’ fees) of every kind and nature.
  9. Remedies. You acknowledge that your breach of this API Agreement may cause irreparable harm to Layerfarm, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which Layerfarm may be legally entitled, Layerfarm shall have the right to seek immediate injunctive relief in the event of a breach of this API Agreement by you or any of your officers, employees, consultants or other agents.
  10. General Terms.
    1. Relationship of the Parties. You and Layerfarm shall be and act independently and not as partners, joint venturers, agents, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Layerfarm, express or implied, and you shall not attempt to bind Layerfarm to any contract.
    2. Severability. If any provision of these API Terms 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 that the other provisions remain in full force and effect.
    3. Governing Law. These API Terms and the relationship between you and Layerfarm shall be governed by the laws of Indonesia without regard to its conflict of law provisions. You and Layerfarm agree to submit to the personal jurisdiction of the courts located within the city of Jakarta.
    4. No Waiver. Layerfarm’s failure to exercise or enforce any right or provision of these API Terms shall not constitute a waiver of such right or provision.

For questions about these or any Layerfarm terms or policies, email us at support@layerfarm.com.