EyeSpy API Terms of Service

Thank you for using the EyeSpy application programming interfaces (the "EyeSpy APIs"). By using the EyeSpy APIs, you agree to the terms below. If you disagree with any of these terms, EyeSpy does not grant you a license to use the EyeSpy APIs. We reserve the right to update and change these terms from time to time without notice. You can always find the most recent version of these terms here www.EyeSpy.com/Legal/APIterms.

The individual who accepts these terms and conditions must be aged 13 years or older, and is responsible for compliance with the EyeSpy Terms of Service at www.EyeSpy.com/Legal/Terms. By using the EyeSpy APIs, you agree to these EyeSpy APIs Terms of Service at www.EyeSpy.com/Legal/APIterms (the "API Terms"), any and all guideline documents associated with the APIs ("Guidelines"), and any and all API-specific implementation documentation, as referenced in the Guidelines and found on the individual API and Web Services information pages.

These documents, including the EyeSpy Terms of Service at www.EyeSpy.com/Legal/Terms, these API Terms, Guidelines, and API specific documentation, are referred to here as the "API Documents".

If you are entering these API Terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind the legal entity to these API Terms, in which case "you" or "your" shall mean such entity. If you do not have such authority or if you disagree with any of the terms in these API Terms or API Documents, EyeSpy does not grant you a license to use the EyeSpy APIs. In the event of any inconsistency between these API Terms and the EyeSpy Terms of Service at www.EyeSpy.com/Legal/Terms, these API Terms control.

PLEASE NOTE that some of EyeSpy’s Web Services and APIs are licensed under terms that supplement or differ from these API Terms. In particular, the EyeSpy APIs are currently being hosted and provided by Mashape. The Mashape API terms of service, which supplement these API Terms, can be found here:

Mashape Terms of Service:
www.mashape.com/terms

The EyeSpy APIs can currently be accessed here:

www.mashape.com/eyespy/eyespy

Licensed Uses and Restrictions

The EyeSpy APIs are owned by EyeSpy and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable, revocable basis on the terms and conditions set forth herein. These terms define legal use of the EyeSpy APIs, including all updates, revisions, substitutions, and any copies of the EyeSpy APIs made by or for you. All rights not expressly granted to you are reserved by EyeSpy.

1. Subject to the restrictions set forth in these API Terms, YOU MAY use the EyeSpy APIs and any updates provided by EyeSpy (in its sole discretion). Your license to the EyeSpy APIs under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the EyeSpy APIs. EyeSpy may terminate the license at any time for any reason. Your rights to use the EyeSpy APIs terminate automatically if (i) you violate any of these terms or the EyeSpy Terms of Service at www.EyeSpy.com/Legal/Terms, (ii) EyeSpy publicly posts a written notice of termination on EyeSpy.com, (iii) EyeSpy sends a written notice of termination to you, or (iv) EyeSpy disables your access to the EyeSpy APIs. Termination of the license constitutes termination of these API Terms, except for the following provisions of these API Terms, which survive: Data Collection, Storage, and Use; Ownership; Disclaimer of Any Warranty; Limitation of Liability; Exclusions and Limitations; Release and Waiver; Hold Harmless and Indemnity; General Terms; and any other section that would naturally survive termination of these API Terms.

2. Any communication or content submitted by you to EyeSpy is subject to these API Terms and the EyeSpy Terms of Service at www.EyeSpy.com/Legal/Terms, and you grant to EyeSpy all rights to use and incorporate such communication and content in the API Terms or documentation, or any other EyeSpy product or service without compensation to you and without further recourse by you.

3. Unless otherwise specified, use and redistribution of all computer code made available on the EyeSpy Developer Network is permitted in source and binary forms, provided that the following conditions are met:

(a) Redistributions in source code form must contain the copyright notice "Copyright © EyeSpy 2016, All Rights Reserved", this list of conditions, and the disclaimer in dot point 4 below.

(b) Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the disclaimer in dot point 4 below in the documentation and/or other materials provided with the distribution.

(c) Neither the name of EyeSpy nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of EyeSpy.

4. DISCLAIMER TO BE INCLUDED WITH EYESPY 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.

5. If your product or service uses or is based upon the EyeSpy APIs, then YOU SHALL comply with the following:

(a) All instructions provided in the EyeSpy APIs and their associated documentation (currently found at Mashape at www.mashape.com/eyespy/eyespy) to place application identification information (API Key) into any application or service you develop that incorporates or makes any use of the EyeSpy APIs. You may only create a single API Key per application or service and such API Key must accompany all web services requests coming from that application or service. You can sign up for an API Key at www.mashape.com/eyespy/eyespy. You must provide accurate identification, contact, and other information required as part of the registration process. You SHALL NOT create any script or other automated tool that attempts to create multiple API Keys.

(b) You represent and warrant to EyeSpy that: (a) you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute any content in or made available to EyeSpy and EyeSpy users by your use of the EyeSpy APIs in the manner contemplated under this Agreement, and that use by EyeSpy or others of any such content via the EyeSpy web service or API shall not violate the rights of any third party (eg: copyright, patent, trademark, or other proprietary right of any person or entity), or any applicable regulation or law, including but not limited to any export, re-export, or import laws and the laws of any country in which your content or service is made available; and (b) if you submit or permit the submission of your or your users’ content or activity through or into a EyeSpy web service or API, you also grant the following perpetual, non-exclusive license to, use of, and rights to your or your users’ content or activity to others (such “others” may include but are not limited to EyeSpy users): (i) to access, distribute and/or display your or your users’ content or activity; (ii) the ability for EyeSpy registered users to rate, review, comment on and tag Your Content; and (iii) the ability to access, reproduce, distribute and/or perform your or your users’ content, activity, or information via EyeSpy’s web service APIs or via RSS or any similar XML or related feeds both on and off EyeSpy-controlled web sites.

6. If you wish to confirm that your application constitutes an acceptable use of the EyeSpy APIs or wish to inquire about rate limit increases, register your application with us.

7. YOU SHALL NOT:

(a) Use the EyeSpy 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, the bypassing of copyright protection, counterfeit goods or replica designer products, items subject to an embargo, hate materials (e.g. Nazi memorabilia) or materials urging acts of terrorism, human suffering or violence, defamatory, libelous or threatening material, goods made from protected animal/plant species, recalled goods, any hacking, surveillance, interception, or descrambling equipment, cigarettes or cigarette tobacco, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, adult or child 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 or gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, money transfers, person to person payments or extensions of credit, non-packaged food items, weapons and accessories, play-to-click or pay-to-read services;

(b) Use the EyeSpy 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 rights of personality, or in any manner inconsistent with the EyeSpy Terms of Service at www.EyeSpy.com/Legal/Terms, or these API Terms;

(c) Use the EyeSpy 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 EyeSpy 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 EyeSpy is not responsible;

(d) Sell, lease, share, transfer, or sublicense the EyeSpy APIs or access or access codes thereto or derive income from the use or provision of the EyeSpy APIs, whether for direct commercial or monetary gain or otherwise, unless the API Documents specifically permit otherwise or EyeSpy gives prior, express, written permission; or

(e) Use the EyeSpy APIs in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the EyeSpy API documentation (currently found at Mashape at www.mashape.com/eyespy/eyespy), as determined by EyeSpy in its sole discretion;

(f) Use the EyeSpy APIs in a product or service that competes with products or services offered by EyeSpy, unless the API Documents specifically permit otherwise or EyeSpy gives prior, express, written permission.

(g) Collect from the EyeSpy APIs, or use or disclose if obtained from the EyeSpy APIs, or write to the EyeSpy APIs, any EyeSpy user data, personal information as defined by the Children's Online Privacy Protection Act, or other information associated with users under age 13.

8. OAuth and Brower-Based Authentication (“BBAuth”). If your use of EyeSpy APIs will access EyeSpy user information, or read or write information from or to EyeSpy user accounts through EyeSpy APIs, you must use either OAuth or BBAuth (currently found at Mashape at www.mashape.com/eyespy/eyespy) to authenticate your access to the EyeSpy network. The terms of this clause 8 applies to your use of OAuth and BBAuth.

(a) EyeSpy takes end user security and privacy very seriously, and you agree to give us all necessary assistance for the operation of your Application in compliance with these API Terms and any applicable laws.

(b) Securing User Consent. You are solely responsible for securing clear, express consent from the user, granting you permission to access such user’s EyeSpy account using OAuth-enabled APIs or BBAuth-enabled APIs

(c) , including if applicable, retrieving user-specific information, or writing information to such user’s account. You will strictly comply with the scope of express consent they granted you when accessing such user’s EyeSpy account.

(d) Contact and Cooperation. You (or the name of the contact you gave to EyeSpy when you applied for your API Key for review if it's not you) must be reachable at all times for security questions or concerns. You can change this name or contact by signing up for a new API Key, and providing the correct contact information and using the new API Key instead. (OAuth and BBAuth currently found at Mashape at www.mashape.com/eyespy/eyespy).

(e) Virus Precautions. All materials, including software and documents, that you provide to EyeSpy, must be checked with Internet industry standard up-to-date antivirus and anti-worm software, and determined to be virus-free and worm-free. Any data provided to EyeSpy must not contain harmful scripts or code.

(f) Industry Standards. Your networks, operating system and software of its web server(s), routers, databases, and computer systems (collectively, “System” or “Systems”) must be properly configured to Internet industry standards, as required to securely operate your Application. If you do not completely control any aspect of the System you will use all control or influence that you have over such Systems, and you will not architect or select Systems in a manner to avoid the foregoing obligation. An example of an unacceptable server is one that operates as open proxy. An example of architecting in an unacceptable manner would be if you select a server operated by a vendor with substandard security practices, so that you could contend that you do not control such server, in order to avoid having to select an acceptable server.

(g) Reporting. You must promptly report any security deficiencies in or intrusions to your Systems that you discover to EyeSpy in writing via email to contact@EyeSpy.com. You will work with EyeSpy to immediately correct any security deficiency, and will disconnect immediately any intrusions or intruder. In the event of any such security deficiency or intrusion, you will make no public statements (ie: press, blogs, bulletin boards, etc.) without prior written and express permission from EyeSpy in each instance.

(h) Access Control to Systems. To the extent you have control or influence over the Systems, you will log (in a time and date-stamped fashion) all instances of access to the Systems. You will encrypt the password and username files for the Systems that store or process any EyeSpy user data that you are permitted by EyeSpy to access. Passwords must be unique, unintuitive, and changed often. You will minimize access to and use of the passwords. Wherever possible, commands which require additional privileges should be securely logged (with time and date) to enable a complete audit trail of activities. When an individual terminates his or her employment with you, his or her passwords and access password facilities must be terminated immediately.

(i) Security Reviews. EyeSpy will have the right, at its own expense, to review, or to have an independent third party that is not your competitor, to inspect and review your compliance with these security provisions. You will (at your own expense) correct any security flaws detected by such a review as soon as possible. You will then promptly certify to EyeSpy in writing that the security flaw has been corrected, along with a description of the corrective action(s) taken. EyeSpy will give you 48 hours’ notice before conducting such a review, and may conduct no more than four reviews annually. Any such review will be conducted during regular business hours in such a manner as not to interfere with normal business activities. If a review reveals a material breach of any of these security provisions, you will reimburse EyeSpy for the reasonable costs of the review.

Data Collection, Storage, and Use

1. You may not retain or use, and must immediately remove from any Application and any data repository in your possession or under your control, any EyeSpy user data obtained through the EyeSpy APIs not explicitly identified as being storable indefinitely in the API Documents within 24 hours after the time at which you obtained the data, or such other time as EyeSpy may specify to you from time to time, including pursuant to notification received from application uninstall event handlers.

2. You may not disclose any EyeSpy user data or store any EyeSpy user data in any data repository which enables any third party (other than the EyeSpy user) access unless such disclosure or third party access is expressly permitted by the EyeSpy user and disclosed in your privacy policy, which must be directly accessible through a link in your Application using EyeSpy APIs.

3. You may not share GUIDs (Global Unique Identifiers) with any third party.

Ownership

The EyeSpy APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Australia, the U.S. and other countries. EyeSpy's rights apply to the EyeSpy APIs and all output and executables of the EyeSpy APIs, excluding any software components developed by you which do not themselves incorporate the EyeSpy APIs or any output or executables of the EyeSpy 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 and in the EyeSpy Terms of Service at www.EyeSpy.com/Legal/Terms. EyeSpy owns all rights, title, and interest in and to the EyeSpy APIs. These API Terms grant you no right, title, or interest in any intellectual property owned or licensed by EyeSpy, including (but not limited to) the EyeSpy APIs and EyeSpy trademarks.

Support

EyeSpy may elect to provide you with support or modifications for the EyeSpy APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. EyeSpy may change, suspend, or discontinue any aspect of the EyeSpy APIs at any time, including the availability of any EyeSpy APIs. EyeSpy may also impose limits on certain features and services or restrict your access to parts or all of the EyeSpy APIs or the EyeSpy Web site without notice or liability. Please register your application for priority notification of status alerts.

Fees and Payments

EyeSpy reserves the right to charge fees for use of or access to the EyeSpy APIs or the EyeSpy services and Web sites (collectively, "EyeSpy APIs Services") in EyeSpy's sole discretion.

EyeSpy may increase the fees for the EyeSpy APIs Services. EyeSpy will provide you prior notice of such charges.

Disclaimer of Any Warranty

SOME OF THE EYESPY APIs ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. EYESPY DOES NOT REPRESENT OR WARRANT THAT ANY EYESPY APIs ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

THE EYESPY APIs ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND EYESPY 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 EYESPY APIs IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY EYESPY APIs INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

Limitation of Liability

EYESPY 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 EYESPY 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 EYESPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL EYESPY BE LIABLE TO YOU FOR ANY AMOUNT.

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 6 AND 7 MAY NOT APPLY TO YOU.

Release and Waiver

To the maximum extent permitted by applicable law, you hereby release and waive all claims against EyeSpy, 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 EyeSpy APIs. 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.

Hold Harmless and Indemnity

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify EyeSpy and its 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 EyeSpy APIs (including anything you develop using the EyeSpy 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. EyeSpy shall use good faith efforts to provide you with written notice of such claim, suit or action.

General Terms

1. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of these API Terms, you and EyeSpy 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 EyeSpy, express or implied, and you shall not attempt to bind EyeSpy to any contract.

2. Invalidity of Specific Terms. 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 endeavour 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.

3. Location of Lawsuit and Choice of Law. These API Terms and the relationship between you and EyeSpy shall be governed by the laws of Victoria, Australia, without regard to its conflict of law provisions. You and EyeSpy agree to submit to the personal jurisdiction of the courts located within the jurisdiction of Victoria, Australia.

4. No Waiver of Rights by EyeSpy. EyeSpy's failure to exercise or enforce any right or provision of these API Terms shall not constitute a waiver of such right or provision.

5. Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of these API Terms. Any construction or interpretation to be made of the API Terms shall not be construed against the drafter. These API Terms constitute the entire agreement between EyeSpy and you with respect to the subject matter hereof.