- Via.Me users own their images. It's your responsibility to make sure that you respect that right.
- You cannot use the Via.Me name in your application.
- You cannot use the Via.Me API to crawl or store users' images without their express consent.
- You cannot replicate the core user experience of Via.Me.
- Do not abuse the API. Too many requests too quickly will get your access turned off.
Thank you for using the Via.Me application programming interfaces (the "Via.Me APIs"). By using the Via.Me APIs, you agree to the terms below. If you disagree with any of these terms, Via.Me does not grant you a license to use the Via.Me 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 http://www.via.me/developers/tos
Your license to the Via.Me 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 Via.Me APIs. Via.Me may terminate the license at any time for any reason. Your rights to use the Via.Me APIs terminate automatically if (i) you violate any of these terms, (ii) Via.Me publicly posts a written notice of termination on Via.Me, (iii) Via.Me sends a written notice of termination to you, or (iv) Via.Me disables access to the Via.Me APIs to you.
1. Licensed Uses and Restrictions.
The Via.Me APIs are owned by RadiumOne, Inc. (hereinafter "Via.Me") 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 Via.Me APIs, all updates, revisions, substitutions, and any copies of the Via.Me APIs made by or for you. Via.Me user photos are owned by the users (the photographers) and not by Via.Me. All rights not expressly granted to you are reserved by Via.Me.
- Comply with any requirements or restrictions imposed on usage of the photos by their respective owners. Remember, Via.Me doesn't own the images - Via.Me users do. Although the Via.Me APIs can be used to provide you with access to Via.Me user photos, neither Via.Me's provision of the Via.Me APIs to you nor your use of the Via.Me APIs override the photo owners' requirements and restrictions, which may include "all rights reserved" notices (attached to each photo by default when uploaded to Via.Me), 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 Via.Me photos in compliance with the photo owners' requirements or restrictions.
- Comply with any other terms and conditions a user has attached to his or her photo. 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 photos that have become "private," you must remove as soon as reasonably possible.
- Remove from your application within 24 hours any Via.Me user's photos or other information that the owner of the photo asks you to remove.
You shall not:
- Use Via.Me APIs for any application that replicates or attempts to replace the essential user experience of Via.Me or the Via.Me iPhone App
- Use the Via.Me API to spam, or otherwise harass users with unwanted likes, comments or other actions.
- Use the Via.Me API to post automated content to Via.Me, including likes and comments that were not initiated and entered by a Via.Me user.
- Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use Via.Me APIs.
- Display more than 500 Via.Me photos per page in your application or use an unreasonable amount of bandwidth.
- Cache or store any Via.Me user photos other than for reasonable periods in order to provide the service you are providing to Via.Me users.
- Use Via.Me APIs for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
- Use Via.Me 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 Via.Me as a generic image hosting service for banner advertisements, graphics, etc.
- Use Via.Me APIs in a manner that adversely impacts the stability of Via.Me servers or adversely impacts the behavior of other applications using the Via.Me 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 Via.Me APIs or access thereto or derive revenues from the use or provision of Via.Me APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.
You shall not use "Via.Me" in the hostname of your application, i.e. via.me.mydomain.com
You shall place the following notice prominently on your application: "This product uses the Via.Me API but is not endorsed or certified by Via.Me."
You may not use the Via.Me logo without specific written permission from Via.Me.
Any use of the Via.Me logo in your application shall be less prominent than the logo or mark that primarily describes the application and your use of the Via.Me logo shall not imply any endorsement by Via.Me.
3. Ownership and Relationship of Parties.
The Via.Me 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. Via.Me's rights apply to the Via.Me APIs and all output and executables of the Via.Me APIs, excluding any software components developed by you which do not themselves incorporate the Via.Me APIs or any output or executables of the Via.Me 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. Via.Me owns all rights, title, and interest in and to the Via.Me APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Via.Me, including (but not limited to) the Via.Me APIs and Via.Me trademarks.
Via.Me may elect to provide you with support or modifications for the Via.Me APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Via.Me may change, suspend, or discontinue any aspect of the Via.Me APIs at any time, including the availability of any Via.Me APIs. Via.Me may also impose limits on certain features and services or restrict your access to parts or all of the Via.Me APIs or the Via.Me Web site without notice or liability.
5. Fees and Payments.
Via.Me is committed to free and open access to our APIs for non-commercial purposes. However, providing the APIs does have real costs for Via.Me. For uses of Via.Me APIs over a certain rate or for certain types of commercial applications, Via.Me reserves the right to charge fees for future use of or access to the Via.Me APIs.
6. Disclaimer of Any Warranty.
Some of the Via.Me APIs may be experimental and not tested in any manner. Via.Me does not represent or warrant that any Via.Me APIs are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid.
The Via.Me APIs are provided "as is" with no warranty, express or implied, of any kind and Via.Me 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 Via.Me APIs is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any Via.Me APIs including, but not limited to, any damage to your computer system or loss of data.
7. Limitation of Liability.
Via.Me 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 Via.Me 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 Via.Me has been advised of the possibility of such damages. under no circumstances shall Via.Me 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 Via.Me, 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 Via.Me 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 Via.Me 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 Via.Me 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. Via.Me shall use good faith efforts to provide you with written notice of such claim, suit or action.
11. General Terms.
Via.Me API Trademark and Brand Guidelines
You are not allowed to use the word "Via.Me"or any variation in your product name, domain name, or images.
You are not allowed to use the Via.Me icon or logo unless specifically allowed in the developer documentation
If you do incorporate Via.Me's logos, you must include the following statement clearly on your website: "This [application/website] uses the Via.Me(tm) API and is not endorsed or certified by Via.Me or RadiumOne, Inc. All Via.Me(tm) logos and trademarks displayed on this [application/website] are property of RadiumOne, Inc."
Note that we reserve the right to reject any use of these terms in connection with the use of the Via.Me API.