API Terms of Use

Thank you for using the Brandcams application programming interfaces (the “Brandcams APIs”). By using the Brandcams APIs, you agree to the terms below. If you disagree with any of these terms, Brandcams does not grant you a license to use the Brandcams APIs. We reserve the right to update and change these terms from time to time without notice.

Your license to the Brandcams 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 Brandcams APIs. Brandcams may terminate the license at any time for any reason. Your rights to use the Brandcams APIs terminate automatically if (i) you violate any of these terms, (ii) Brandcams publicly posts a written notice of termination on Brandcams.com, (iii) Brandcams sends a written notice of termination to you, or (iv) Brandcams disables access to the Brandcams APIs to you.

1. Licensed Uses and Restrictions.

The Brandcams APIs are owned by Brandcams International BV. (hereinafter “Brandcams”) 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 terms define legal use of the Brandcams APIs, all updates, revisions, substitutions, and any copies of the Brandcams APIs made by or for you. Brandcams user photos are owned by the users (the photographers) and not by Brandcams. All rights not expressly granted to you are reserved by Brandcams.

1. You shall:

▪ Comply with the Brandcams Terms of Use

▪ Comply with any requirements or restrictions imposed on usage of the photos by their respective owners. Remember, Brandcams doesn’t own the images – Brandcams users do. Although the Brandcams APIs can be used to provide you with access to Brandcams user photos, neither Brandcams’s provision of the Brandcams APIs to you nor your use of the Brandcams APIs override the photo owners’ requirements and restrictions, which may include “all rights reserved” notices (attached to each photo by default when uploaded to Brandcams), Creative Commons licenses or other terms and conditions that may be agreed upon between you and the owners. In ALL cases, you are solely responsible for making use of Brandcams photos in compliance with the photo owners’ requirements or restrictions.

▪ Remove from your application within 24 hours any Brandcams user’s photos or other information that the owner of the photo asks you to remove.

▪ Disclose in your application through a privacy policy or otherwise displayed in the footer of each page, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

2. You shall not:

▪ Use Brandcams APIs for any application that replicates or attempts to replace the essential user experience of Brandcams.com or the Brandcams iPhone App

▪ Use the Brandcams API to spam, or otherwise harass users with unwanted likes, comments or other actions.

▪ Use the Brandcams API to post automated content to Brandcams, including likes and comments that were not initiated and entered by a Brandcams user.

▪ Attempt to cloak or conceal your identity or your application’s identity when requesting authorization to use Brandcams APIs.

▪ Use Brandcams APIs for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.

▪ Use Brandcams 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.

▪ Use Brandcams as a generic image hosting service for banner advertisements, graphics, etc.

▪ Use Brandcams APIs in a manner that adversely impacts the stability of Brandcams.com servers or adversely impacts the behavior of other applications using the Brandcams APIs. Further, we reserve the right to rate limit or block applications that make a large number of calls to the API that are not primarily in response to direct user actions.

▪ Sell, lease, or sublicense Brandcams APIs or access thereto or derive revenues from the use or provision of Brandcams APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.

2. Attribution.

You shall not use “Brandcams” in the hostname of your application, i.e. Brandcams.mydomain.com

You shall place the following notice prominently on your application: “This product uses the Brandcams API but is not endorsed or certified by Brandcams.”

You may not use the Brandcams logo without specific written permission from Brandcams.

Any use of the Brandcams logo in your application shall be less prominent than the logo or mark that primarily describes the application and your use of the Brandcams logo shall not imply any endorsement by Brandcams.

3. Ownership and Relationship of Parties.

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

4. Support.

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

 

5. Fees and Payments.

Brandcams is committed to free and open access to our APIs for non-commercial purposes. However, providing the APIs does have real costs for Brandcams. For uses of Brandcams APIs over a certain rate or for certain types of commercial applications, Brandcams reserves the right to charge fees for future use of or access to the Brandcams APIs.

6. Disclaimer of Any Warranty.

Some of the Brandcams APls may be experimental and not tested in any manner. Brandcams does not represent or warrant that any Brandcams APIs are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid.

The Brandcams APls are provided “as is” with no warranty, express or implied, of any kind and Brandcams expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availabliltiy, security, title and/or non-infringement.

Your use of Brandcams APIs is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any Brandcams APls including, but not limited to, any damage to your computer system or loss of data.

7. Limitation of Liability.

Brandcams 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 Brandcams APls, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Brandcams has been advised of the possibility of such damages, under no circumstances shall Brandcams be liable to you for any amount.

8. 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 7 and 8 may not apply to you.

9. Release and Waiver.

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

 

10. Hold Harmless and Indemnity.

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Brandcams 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 Brandcams 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. Brandcams shall use good faith efforts to provide you with written notice of such claim, suit or action.

11. General Terms.

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

Invalidity of Specific Terms. If any provision of the 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.

Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between you and Brandcams shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Brandcams agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California.

No Waiver of Rights by Brandcams. Brandcams’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

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 the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between Brandcams and you with respect to the subject matter hereof.

Brandcams API Trademark and Brand Guidelines

▪ You are not allowed to use the word “Brandcams”, or any variation in your product name, domain name, or images.

▪ You are not allowed to use the Brandcams icon or logo unless specifically allowed in the developer documentation