Last modified: December 2, 2014
Grant of License.
- The API is owned by Workfrom and is licensed to you on a worldwide (except as limited below), non-exclusive, revocable, non-sublicenseable, non-transferable license to (i) access and use the API to receive the Workfrom Content; (ii) display the Workfrom content on your site; and (iii) reproduce and display the Workfrom name and logo solely in order to comply with the Display Requirements.
- API Modifications. Workfrom has the right but not the obligation to release subsequent versions of the API and to require you to obtain and use the most recent version. Workfrom may remove and/or cease supporting previous versions of the API. The API is currently provided for free, and while we have no plans to charge developers for access, we do reserve the right to charge for the API in the future.
- Support. Workfrom has no obligation to provide you or your users with support. You are solely responsible for providing user support and any other technical assistance for your application. Workfrom may redirect users and potential users of your application to your email address associated with your developer account for purposes of answering general application inquiries and support questions.
- Monitoring your Usage. You agree to provide us with access to your application and/or other materials related to your use of the API as reasonably requested by us to verify your compliance with these Terms and as may be necessary to audit your use, display and storage of the Workfrom Content. You agree that we may monitor online applications and you agree not to block or interfere with such efforts by Workfrom.
- Usage Limitations. Workfrom may limit the number of network calls that your application may make via the API, and/or the maximum file size, and/or the maximum Content that may be accessed, or anything else about the API and the Content it accesses as Workfrom deems appropriate in its sole discretion. Workfrom may change such default usage limits at any time and without notice. In addition to its other rights under the API Agreement, Workfrom may utilize technical measures to prevent over usage and/or stop usage of the API by an application after any usage limitations are exceeded.
- Prohibitions on Content. Unless expressly permitted by the content owner or by applicable law, you will not, and will not permit your end users or others acting on your behalf to, do the following with content returned from the APIs:
- Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
- Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;
- Misrepresent the source or ownership; or
- Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.
- Display Requirements. Attribution and Goodwill. You must comply with all aspects of the Display Requirements in naming your application and must clearly and conspicuously attribute the source of all Workfrom Content as received from Workfrom in accordance with the Display Requirements. You agree that Workfrom has the right to require submission of your application and/or other materials to Workfrom so that we can verify your compliance with the Display Requirements. If we make such a request, you must submit your application or other requested materials via the method prescribed by Workfrom. All Content provided by Workfrom remains the property of Workfrom, its licensees or its licensors, as applicable.
- Appropriate Conduct and Usage Restrictions. You are responsible for your own conduct while using the API and for any consequences thereof. You will use the API only for purposes that are legal, proper and in accordance with these Terms and any applicable policies or guidelines provided by Workfrom from time to time. In addition to the other restrictions contained in these Terms, you agree that when using the API, you will not do the following, attempt to do the following, or permit your end users or other third parties to do the following:
- link (i.e., hyperlink) from Content you display to any location or domain other than the Workfrom website or a Workfrom application;
- distribute Content to any third party other than directly to end users through your own application;
- charge, directly or indirectly, any fee (including any unique, specific, or premium charges) for access to the Content or your integration of the APIs in your application, or use the APIs to build an enterprise application (e.g., that you distribute to other companies);
- use or display titles in an application for search and discovery of content linking to competing services;
- obtain, display or use more Content through the APIs than is minimally required to run the application created using the particular Key;
- modify, add to, remove, overlay or obscure any of the Content, including text, graphics, hyperlinks or legal notices contained therein, except that (a) with respect to graphic images, you may re-size such images while maintaining the same relative proportions of the image, and (b) where technically permitted by the applicable API, you may omit some of the Content offered through the API so long as you do not alter the Content you choose to display;
- use the APIs in an application containing any of the following content: adult content; pyramid schemes, chain letters or disruptive commercial messages or advertisements; infringing, or obscene content; content promoting or instructing about illegal activities or promoting physical harm or injury against any group or individual; content infringing any patent, trademark, copyright, trade secret or other proprietary right of any party; content defaming, abusing, harassing, stalking, threatening or violating the rights of privacy and publicity; content disparaging of Workfrom or its licensors, licensees, affiliates, partners, or any person or character associated with any particular movie or TV show; or anything other inappropriate or unlawful content;
- display the Content in a way that disparages, tarnishes, or impairs Workfrom or its licensors, licensees, affiliates or partners;
- restrict or inhibit any other user from using Workfrom Content;
- use Workfrom services for any illegal or unauthorized purpose;
- circumvent or modify any keys or other security mechanism employed by Workfrom or the API, including any authentication technologies;
- request, collect, solicit, or otherwise obtain access to sign-in names, passwords or other authentication credentials for Workfrom subscribers other than by directing users to the Workfrom subscriber log-in mechanism specifically provided by the API (e.g., OAuth);
- enable any other person to personally identify any user of your application except with the user’s express consent;
- state or imply affiliation, sponsorship or endorsement of you or your application by Workfrom, a third party content provider or any person or character associated with any particular title.
Workfrom has the right but not the obligation to release subsequent versions of the API and to require you to obtain and use the most recent version. Workfrom may remove and/or cease supporting previous versions of the API. The API is currently provided for free, and while we have no plans to charge developers for access, we do reserve the right to charge for the API in the future.
THE API, WORKFROM BRAND FEATURES AND WORKFROM CONTENT ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY, OF ANY KIND AND AT YOUR SOLE RISK. EXCEPT TO THE MAXIMUM EXTENT REQUIRED BY APPLICABLE LAW, WORKFROM DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND DUTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE API, WORKFROM BRAND FEATURES AND ANY WORKFROM CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, WORKFROM DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE API WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THE API AGREEMENT DOES NOT ENTITLE YOU TO ANY SUPPORT FOR THE API. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM WORKFROM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE API AGREEMENT.
Limitation of Liability.
THE API IS BEING PROVIDED FREE OF CHARGE. ACCORDINGLY, YOU AGREE THAT WORKFROM SHALL HAVE NO LIABILITY ARISING FROM OR BASED ON YOUR USE OF THE API. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT SHALL WORKFROM OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE API, EVEN IF WORMFROM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. ANY CLAIM ARISING OUT OF OR RELATING TO THE API AGREEMENT MUST BE BROUGHT WITHIN (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IF SUCH CLAIM IS NOT FILED, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS, AND TO WORKFROM AND ITS SUCCESSORS. NOTWITHSTANDING THE FOREGOING, WORKFROM’S MAXIMUM LIABILITY UNDER THIS API AGREEMENT SHALL NOT, IN ANY EVENT, EXCEED US$50.00.
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 4 AND 5 MAY NOT APPLY TO YOU.
Term and Termination.
Workfrom reserves the right, in its sole discretion (for any reason or for no reason) and at any time without notice or liability, to change, suspend or discontinue the API and/or suspend or terminate your rights under the API Agreement to access, use and/or display (as applicable) the API, Workfrom Brand Features and/or any Workfrom Content. Any termination of the API Agreement will also immediately terminate the licenses granted to you hereunder. Such change, suspension or termination of the API may cause your existing services using the API to stop functioning properly. Upon any termination of the API Agreement, you will promptly delete and remove all calls to the API from all web pages, scripts, widgets, applications, and other software in your possession or under your control; promptly destroy and remove from all computers, hard drives, networks and other storage media all copies of the API, Workfrom Brand Features and/or any Workfrom Content; and you will promptly certify in writing to Workfrom that such actions have been taken.
This API Agreement shall be governed in accordance with the laws of the State of Oregon in the United States of America. You and Workfrom agree to submit to the personal jurisdiction of the courts located within the county of Multnomah, Oregon.
Workfrom’s failure to exercise or enforce any right or provision of the API Agreement shall not constitute a waiver of such right or provision.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the API Agreement.