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Terms of Service - Developer API 2.0 | Quizlet
Last modified February 3, 2017
The Quizlet website and mobile applications are owned and operated by Quizlet, Inc ("Quizlet"). By using Quizlet and Quizlet's services through the API, you agree to be bound by these Terms of Service ("Terms") as well as any and all future modifications to these Terms. If you do not agree to the Terms, you may not use the Quizlet API. These Terms are subject to change at any time and for any reason, with or without notice.
If you are using the Quizlet API on behalf of an organization (e.g., a company, a governmental agency, or a non-governmental organization), you agree to be bound by these Terms on behalf of yourself and your organization, and you represent you have the authority to agree to these Terms on behalf of your organization. If you do not have such authority, you may not use the Quizlet API on behalf of your organization.
Quizlet reserves the right to terminate this Agreement or discontinue your use of the Quizlet API or any portion or feature for any or no reason, at any time, with or without notice.
I. API USE
- Compliance with Terms. You may use the Quizlet API, and the data, content, and information made available through the Quizlet API ("API Data"), in connection with a website or software application developed by you only in accordance with the Terms of this Agreement and the Quizlet Terms of Service. Quizlet may monitor your use of the Quizlet API to ensure quality, improve Quizlet products and services, and verify your compliance with these terms. You shall not interfere with such monitoring or otherwise obscure from Quizlet your use of the Quizlet API.
- Attribution and Branding. Your Application shall provide proper attribution to Quizlet as specified in the Quizlet API Brand Guidelines, which may be modified by Quizlet at any time. Quizlet grants you a non-exclusive license to use the Quizlet Brand assets solely in connection with their display on or through the API implementation as delivered and approved by Quizlet. Quizlet may terminate your license to use the Quizlet Brand assets at any time for any reason.
- Caching. Your Quizlet API implementation may cache data only on the behalf of Quizlet users. This is typically required for mobile devices which may not have a constantly accessible internet connection. Your implementation may not cache more data than is requested by Quizlet users. Centralized API implementations (i.e. implementations that store data in one place for multiple users) may not cache data for longer than 48 hours.
- Usage and Quotas. Quizlet may, in its sole discretion, set a quota of operations on your Quizlet API usage. You shall not attempt to circumvent automated use-quota restrictions. For uses of the Quizlet API over a certain rate, Quizlet reserves the right to charge fees for use of the Quizlet API.
- Communication. Before releasing your Application to the public and before submitting your Application to marketplaces (e.g., the iTunes App Store, Google Play Store, etc.), we strongly recommend showing us your application and getting our feedback to prevent your API key from being revoked. You can contact us at firstname.lastname@example.org for this purpose.
- Security. You must take all reasonable measures to secure your Application and follow all of our security requirements. You must secure all access tokens within your application and not transmit elsewhere.
- Non-commerciality. Use of the Quizlet API is permitted for non-commercial use only. Unless you have the express written permission of Quizlet, you may not use the Service or Content for any commercial purpose. If your application is designed to derive revenue (including, but not limited, to ad-supported and/or paid services or applications), it is considered a commercial application. Quizlet reserves the sole right to determine if your usage is considered commercial.
Here are a few, non-exhaustive, examples of commercial applications:
- Users are charged a fee for your product or service which includes some sort of integration with the Quizlet API.
- You sell services to Quizlet users and use the APIs to bring Quizlet content into your service.
- Your site uses Quizlet content to drive traffic and generate ad revenue.
Your Quizlet API implementation will not, and you will not encourage or create functionality for your users or other third parties to:
- use the Quizlet API for any application that replicates or attempts to replace the essential user experience of Quizlet.com or the Quizlet apps;
- interfere or attempt to interfere in any manner with the proper workings of the Quizlet API, or create or distribute any API implementation that adversely affects the functionality or performance of Quizlet or services provided by Quizlet;
- sell, lease, lend, convey, redistribute, or sublicense to any third party all or any portion of the Quizlet API or Quizlet API Data;
- use the Quizlet API intentionally to encourage or promote copyright infringement or the exploitation of copyright-infringing materials; misrepresent your identity when registering for use of the Quizlet API, use the developer credentials licensed to a different individual or entity, or mask your usage of the Quizlet API;
- use the Quizlet API in any commercial setting or in a monetized application;
- use the Quizlet API for any application that facilitates, enables or encourages activities which violate the Quizlet Terms of Service, Community Guidelines, Honor Code, or other policies.
III. ADDITIONAL LEGAL PROVISIONS
- Compliance with Laws. You are responsible for complying with all applicable laws, rules and regulations, all third-party rights and all Quizlet policies. You shall not use the Quizlet API in a manner that violates such laws, rules and regulations, third parties' rights or any Quizlet policies or in a manner that is deceptive, unethical, false or misleading.
- No Implied Rights. Except as expressly granted herein, neither party through this Agreement grants the other party any intellectual property rights or other proprietary rights. Quizlet retains all intellectual property rights (including all patent, trademark, copyright, trade secret, and other proprietary rights) in and to the Quizlet data and intellectual property. All license rights granted herein are not sublicensable, transferable or assignable.
- Non-exclusive. This Agreement is a non-exclusive agreement. You acknowledge that Quizlet may be developing and may develop products or services that may compete with your (or any other) Quizlet API implementation.
- Publicity. You agree that Quizlet may use your company, organization, or product name and/or logo in presentations, marketing materials, website listings, and other marketing-related activities.
- Confidentiality. You shall not disclose your developer credentials to any third party except your agent(s) using such information solely on your behalf in accordance with this Agreement. You shall not disclose Quizlet Confidential Information to any third party without Quizlet's prior written consent.
- Indemnification. You shall indemnify, defend and hold Quizlet, its agents, affiliates, and licensors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are "Claims") by a third party arising out of (a) your use of the Quizlet API in any manner that breaches this Agreement or otherwise arising out of materials or technology contributed by you and not by Quizlet or (b) which otherwise may arise in connection with your use of or reliance on the Quizlet API.
- Termination. Any licenses contained in this Agreement will terminate automatically without notice if you fail to comply with any provision of this Agreement. Quizlet reserves the right to terminate this Agreement or discontinue your use of the Quizlet API or any portion or feature thereof for any or no reason and at any time. Upon any termination or notice of any discontinuance, you shall immediately stop and thereafter desist from using the Quizlet API and delete all API Data in your possession or control (including, without limitation, from your servers).
- Modification. Quizlet may modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion by posting a change notice to your account, changing these terms and conditions, emailing to the email address of your account or account associated with your developer credentials or otherwise notifying you.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THE QUIZLET API, CONTINUED POSSESSION OF A COPY OF NON-PUBLIC QUIZLET API DOCUMENTATION AND SPECIFICATIONS OR CONTINUED DEVELOPMENT FOLLOWING POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
- Disclaimer and Limitation of Liability. QUIZLET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FOR NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. QUIZLET SHALL HAVE NO DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER LIABILITY WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN THE EVENT THAT THE FOREGOING IS NOT ENFORCEABLE, QUIZLET'S AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO FIVE HUNDRED DOLLARS ($500.00).
- Release. You hereby release and covenant not to sue Quizlet and its corporate affiliates and any of their officers, directors, employees, agents, shareholders, licensors, licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims (a) pertaining to any intellectual property you develop that is based on, uses, or relates to the Quizlet API; or (b) which otherwise may arise in connection with your use of, reliance on, or reference to the Quizlet API. If you have a dispute with one or more Quizlet account owners, you release Quizlet and its corporate affiliates and any of their officers, directors, employees, agents, shareholders, licensors, licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code 1542 which says: "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."
IV. OTHER TERMS
- Invalidity of Specific Terms. If any provision of the Terms 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.
- Jurisdiction and Choice of Law. The Terms and the relationship between you and Quizlet shall be governed by the laws of the State of California without regard to its conflict of law provisions. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to these Terms or Quizlet exclusively in the U.S. District Court for the Northern District of California or a state court located in San Francisco County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.
- No Waiver of Rights by Quizlet. Quizlet’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
- Reservation of Rights. Quizlet reserves all rights not expressly granted to you.
- 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. Any construction or interpretation to be made of the Terms shall not be construed against the drafter. The Terms constitute the entire agreement between Quizlet and you with respect to the subject matter hereof.