Last Updated: May 9, 2012
2. BIT API IDs; Registration Information. In order to access and use the BIT APIs and BIT API Content, you are required to select and provide one or more unique application IDs (collectively, the “BIT API IDs” or “APP ID”). Your BIT API IDs are personal to you. You shall not allow any other person or entity to use your BIT API IDs to access and use the BIT APIs and/or BIT API Content under any circumstances. You are solely responsible for maintaining the strict confidentiality of your BIT API IDs and for any damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your BIT API IDs, your disclosure of your BIT API IDs, or your authorization to allow another person or entity to access and use any BIT APIs or BIT API Content using your BIT API IDs. You shall immediately notify us if you become aware of any unauthorized use of your BIT API IDs or other need to deactivate any BIT API ID due to security concerns. Additionally, you may be required to provide us with certain information including, without limitation, your name or your company’s name, address, email address, the name and/or URL of your Website(s) on which you intend to implement the BIT APIs and/or display the BIT API Content (collectively, your “Profile Information”). You represent, warrant and covenant that any and all Profile Information and any other information or data you provide to us, is and shall be true, accurate and complete when given to us, that in providing such information to us you shall not knowingly omit or misrepresent any material facts or information, and that you shall promptly enter corrected or updated Profile Information, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Profile Information as required for your use and access to the BIT APIs and BIT API Content, as applicable.
3. PERMITTED USE OF BIT APIs; BIT API CONTENT.
1. License Grant. Subject to the terms and conditions contained herein, BIT grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license to use the response codes generated by the BIT APIs on your computer processors deployed within your network(s), solely for the limited purpose of making direct server calls to the Site to obtain BIT API Content for display on and re-distribution to end users of Your Website(s) upon receipt by your servers. All calls sent to the BIT API requesting BIT API Content must reference your applicable BIT API ID.
2. No Modification; No Rights of Transfer or Redistribution; Duty Not To Interfere. You shall not (or permit or facilitate any of the end users of Your Website(s) to) modify, enhance, edit, translate, adapt, copy, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter the BIT APIs and/or the BIT API Content in any manner. You shall not sublicense, transfer, convey or assign to any third party any of the rights granted to you herein or otherwise use, market, promote, display, re-distribute or re-transmit the BIT API Content in connection with or via any software applications, systems, platforms or services other than the BIT APIs via Your Website(s) as specifically permitted herein. You shall not (or permit or facilitate any of the end users of Your Website(s) to) (i) interfere with, impair or otherwise adversely affect, directly or indirectly, the operation of the Services, BIT APIs and/or the display or distribution of the BIT API Content or (ii) use the BIT APIs or BIT API Content in any manner that does or could potentially undermine the security of the Services.
3. BIT API Content Collection. You shall not use any automated means (e.g., scraping, robots, etc.) other than the BIT APIs to access, query or otherwise collect the BIT API Content or any other information or data from the Services. You may employ session based caching of BIT API results, but must use your best efforts to update cached results upon any changes in the applicable metadata. For instance, if any BIT API Content is removed from the Site or is no longer made available for general viewing, any cached results and thumbnails related to such BIT API Content must be promptly removed from your cache.
5. BIT API Usage Quotas. BIT may, in its sole discretion, restrict your use of the BIT APIs at any time for any reason, including, without limitation, establishing quotas on the number of daily calls you may make from Your Website(s) to the BIT APIs. Without limiting the generality of the foregoing, you may not use the BIT APIs in any manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to conform or is inconsistent with the Specifications, all as determined by BIT in its sole discretion. You shall not attempt to aggregate use of the BIT APIs or representation of multiple BIT API IDs, if applicable, for the purpose of circumventing any such usage quotas.
6. Other Restrictions. You shall not use, display, integrate, embed or otherwise make available the BIT API Content on any web pages that contain content that competes with or otherwise adversely affects the Services, BIT or its affiliates and/or any of their respective brands, businesses, reputation or goodwill, as determined by BIT in its sole discretion. Any use of the BIT API and/or BIT API Content that (i) is competitive to or inconsistent with BIT's own services or products, including the Services, (ii) aggregates, in any way, any BIT API Content with third party content (without distinction) or (iii) fails to attribute the BIT API Content appropriately to BIT is expressly prohibited.
8. Non-Exclusive. You acknowledge and agree that BIT may develop products or services that may compete with Your Website(s) or any other products or services owned or controlled by you or any third party.
9. No Technical Support. You acknowledge and agree that BIT has no obligation to provide any technical support services to you in connection with your access to and/or use of the BIT APIs or BIT API Content.
10. Fees. BIT reserves the right at any time to impose a fee for your access to and/or use of the Site, BIT APIs and/or BIT API Content, in BIT’s sole discretion.
6. NO REPRESENTATIONS OR WARRANTIES. THE BIT API MATERIALS AND SERVICES ARE BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE or arising from a course of dealing or usage of tradE. YOU ASSUME THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE BIT API MATERIALS AND SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BIT DOES NOT WARRANT THAT THE BIT API MATERIALS AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT YOUR ACCESS TO AND USE OR OPERATION OF THE SAME SHALL BE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, TIMELY UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS 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 BIT, its parents, subsidiaries, affiliates and/or their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, sponsors, business and promotional partners, operational service providers, suppliers and contractors 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 access to and use of the BIT API Materials. 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 that you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
10. TERMINATION. BIT may change, suspend, or discontinue all or any aspect of the Site, and/or the BIT API Materials, including the availability thereof, and/or take down, remove, suspend or cease transmission of the BIT API Materials (or any component thereof). BIT may terminate your access to and use of the BIT APT Materials (or any component thereof) at any time and for any reason, without notice or liability of kind.
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