Thank you for using the Expressboard application programming interfaces (the "Expressboard APIs"). By using the Expressboard APIs, you agree to the terms below. If you disagree with any of these terms, Expressboard does not grant you a license to use the Expressboard APIs. We reserve the right to update and change these terms from time to time without notice.
Your license to the Expressboard 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 Expressboard APIs. Expressboard may terminate the license at any time for any reason. Your rights to use the Expressboard APIs terminate automatically if (i) you violate any of these terms, (ii) Expressboard publicly posts a written notice of termination on Expressboard.com, (iii) Expressboard sends a written notice of termination to you, or (iv) Expressboard disables your access to the Expressboard APIs.
1. Licensed Uses and Restrictions.
The Expressboard APIs are owned by Expressboard 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 Expressboard APIs, including all updates, revisions, substitutions, and any copies of the Expressboard APIs made by or for you. Expressboard user photos and videos ("User Content") are owned by the users and not by Expressboard. All rights not expressly granted to you are reserved by Expressboard.
- Comply with any requirements or restrictions imposed on usage of User Content by their respective owners. Remember, Expressboard doesn't own User Content - Expressboard users do. Although the Expressboard APIs can be used to provide you with access to User Content, neither Expressboard's provision of the Expressboard APIs to you nor your use of the Expressboard APIs override User Content owners' requirements and restrictions, which may include "all rights reserved" notices (attached to User Content by default when uploaded to Expressboard), 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 User Content in compliance with owners' requirements or restrictions.
- Comply with any other terms and conditions a user has attached to his or her User Content. For example, if a user marks a photo as "private" after using your service, your application must reflect those changes as soon as reasonably possible. If your application has any cached copies of User Content that has become "private," you must remove such User Content as soon as reasonably possible.
- Remove from your application within 24 hours any User Content or other information that the owner asks you to remove.
You shall not:
- Use the Expressboard APIs for any application that replicates or attempts to replace the essential user experience of Expressboard.com or the Expressboard apps.
- Use the Expressboard APIs to spam, incentivize, or harass users.
- Participate in any "like", "share", "comment", or "follower" exchange programs.
- Use the Expressboard APIs to post automated content to Expressboard, including likes and comments that were not initiated and entered by an Expressboard user.
- Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use Expressboard APIs.
- Cache or store any User Content other than for reasonable periods in order to provide the service you are providing to Expressboard users.
- Use the Expressboard APIs for any application that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.
- Use the Expressboard APIs in any manner or for any purpose that violates any law or regulation, or any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
- Use Expressboard as a generic image hosting service for banner advertisements, graphics, etc.
- Use the Expressboard APIs in a manner that adversely impacts the stability of Expressboard.com servers or adversely impacts the behavior of other applications using the Expressboard 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 the Expressboard APIs or access thereto or derive revenues from the use or provision of the Expressboard APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.
2. Brand Assets.
Use of Expressboard's brand assets (e.g., the Expressboard name and logo) is governed by Expressboard's Community Guidelines, which are incorporated herein by reference.
3. Ownership and Relationship of Parties.
The Expressboard 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. Expressboard's rights apply to the Expressboard’s APIs and all output and executables of the Expressboard APIs, excluding any software components developed by you which do not themselves incorporate the Expressboard APIs or any output or executables of the Expressboard 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. Expressboard owns all rights, title, and interest in and to the Expressboard APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Expressboard, including (but not limited to) the Expressboard APIs and Expressboard trademarks.
Expressboard may elect to provide you with support or modifications for the Expressboard APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Expressboard may change, suspend, or discontinue any aspect of the Expressboard APIs at any time, including the availability of any Expressboard APIs. Expressboard may also impose limits on certain features and services or restrict your access to parts or all of the Expressboard APIs or the Expressboard Web site without notice or liability.
5. Fees and Payments.
Expressboard is committed to free and open access to our APIs for non-commercial purposes. However, providing the APIs does have real costs for Expressboard. For uses of Expressboard APIs over a certain rate or for certain types of commercial applications, Expressboard reserves the right to charge fees for future use of or access to the Expressboard APIs.
6. Disclaimer of Any Warranty.
Some of the Expressboard APIs may be experimental and not tested in any manner. Expressboard does not represent or warrant that any Expressboard APIs are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid.
The Expressboard APIs are provided "as is" with no warranty, express or implied, of any kind and Expressboard 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 Expressboard APIs is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any Expressboard APIs including, but not limited to, any damage to your computer system or loss of data.
7. Limitation of Liability.
Expressboard 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 Expressboard 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 Expressboard has been advised of the possibility of such damages. Under no circumstances shall Expressboard 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 6 and 7 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 Expressboard, 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 Expressboard 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 Expressboard 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 the Expressboard 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. Expressboard shall use good faith efforts to provide you with written notice of such claim, suit or action.
11. General Terms.