API – Terms of Service
1. API Licensed Uses and Restrictions. Subject to full compliance with the Terms, AVIN, Inc. (“AVIN”) hereby grants You a limited, personal, non-sublicenseable, non-transferable, nonexclusive, revocable license to access and use the API solely as necessary to create and run websites and applications (collectively, “Applications”) that meet all the requirements and conditions set forth in the Terms.
- Guarantee that Your use of the API is, as in the sole discretion of AVIN, in the spirit of AVIN.
- Link directly back to the AVIN.cc website, where the Application utilizes product information and/or images.
- Provide a prominently displayed email address on Your Application for third parties to contact You with any questions or issues. You shall respond to such inquiries in a timely manner.
- Be solely responsible for all aspects of Your Application and any content appearing therein, and for providing all customer support to end-users relating to Your Application.
- Be truthful and honest about the Application to AVIN and Your users.
You shall not:
- Use the API for any Application that replicates or attempts to replace the essential user experience of AVIN.
- Attempt to circumvent any security measures or technical limitations of the API.
- Cache or store any Content or AVIN Content other than for reasonable periods in order to provide the service.
- Display item Content or product information and/or images which is more than six (6) hours older than such information is on the Website, and other AVIN Content cannot be more than twenty-four (24) hours older than such Content on the Website.
- Use the API (or any AVIN Content within the API) 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 to personality or to engage in activities that would violate any fiduciary relationship, any applicable local, state, national, or international law, or any regulations having the force of law (including but not limited to exportation laws).
- Use the API in a manner that disrupts the flow of dialog or otherwise negatively affects other AVINs’ ability to use the Website or the ability of any device to access the Website, Content or any of AVIN’s associated services, or adversely impacts the stability of AVIN.com servers or behavior of other Applications using the API, or transmits software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use the API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage. Users are allocated by default, 5,000 calls per day.
- Sell, lease, or sublicense the API or access thereto.
- Modify, decompile, extend, subset or superset the API or otherwise alter the API to any extent.
- Use the API in a way that harms the interests of AVIN, the Website, any of its affiliates, the API or its program, or other users of the Website.
- Transmit spam or upload, post or otherwise transmit Content that is inaccurate, harmful, obscene, defamatory, racist or is otherwise offensive to others.
- Misrepresent or falsely state Your identity or affiliation with AVIN, any person, or any business.
- Upload, post, collect or store Website member ID and password combinations.
- Forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Website.
- Provide, procure or permit third party access to the Website unless expressly so authorized by AVIN.
- Disparage AVIN or knowingly tarnish the name reputation, image or goodwill of AVIN in connection with Your Application or participation in the API program.
ALL RIGHTS NOT EXPRESSLY GRANTED IN THE TERMS ARE HEREBY RESERVED BY AVIN AND ITS LICENSORS.
AVIN, and other AVIN graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of AVIN in the U.S. and/or other countries (“AVIN’s Trademarks”). Subject to full compliance with the Terms, and AVIN’s Trademark Guidelines as made available to You, AVIN hereby grants You a limited, personal, non-sublicenseable, non-transferable, nonexclusive, revocable license to use AVIN’s Trademarks in Your Application.
- You shall not use or alter any text, logos, AVIN’s Trademarks, AVIN’s signature colors, AVIN’s layout, or a confusingly similar layout to AVIN’s layout in such a way which may suggest endorsement or affiliation by AVIN.
- Any use of the AVIN logo or AVIN’s Trademarks must be used in its entirety and must not be altered or used in a misleading way.
- You shall not use a mark which is confusingly similar to AVIN’s Trademarks.
- Any use of the AVIN logo or AVIN’s Trademarks in Your Application shall be less prominent than the logo or mark that primarily describes the Application and Your use of the AVIN logo shall not imply any endorsement or affiliation by AVIN.
- You may publicize, issue press or blog releases of Your Application only if You state that it was created using the AVIN API and that You in no way imply that Your Application is endorsed or certified by AVIN.
- You must place or display the following notice prominently on Your Application:
“The term ‘AVIN’ is a trademark of AVIN, Inc. This application uses the AVIN API but is not endorsed or certified by AVIN, Inc.”
Without limiting the foregoing, AVIN will have the right to do quality insurance inspections of the Applications and withhold the right to use AVIN’s Trademarks if the quality is not satisfactory to AVIN in its sole discretion.
3. Registration Data
In consideration of Your use of the API, You agree to:
- Provide accurate, current, and complete information about You as may be requested by AVIN during registration and ongoing participation in AVIN’s API program (the “Registration Data”), and update and keep all such information accurate, current and complete at all times.
- Maintain the security of Your password and identification, as you are responsible for any consequences of any failure to do so.
- Evaluate and bear all risks associated with Your use of the API, any Content or services, including any reliance on the accuracy, completeness, or usefulness of the Content and the risks of unauthorized access.
- Take all appropriate virus precautions, and warrant that Your networks, operating systems and software are properly configured to Internet industry standards, including but not limited to security standards.
- Immediately report any security deficiencies You discover to AVIN by emailing dev@AVIN.
You have sole responsibility for adequate protection and backup of data and/or equipment used by You in connection with the API and/or the Website. The interactivity and Web services features of the Website are intended for use by the person who has authenticated their identity and lawfully received an API Key from AVIN to the Website from AVIN and/or its affiliates (“Registered Users”). By using the API and/or the Website in any manner, You represent that You are a Registered User. You further consent and authorize AVIN and/or its affiliates to verify Your Registration Data.
4. Commercial Use of the API
In general, reasonable commercial uses of the API are permitted. Non-limiting examples of what is prohibited, unreasonable commercial use include:
- Selling the API, AVIN Content or related services, or access to any of the foregoing.
- Charging users a fee to use or access that portion or aspect of Your Application that integrates the API.
- Using the API primarily to drive traffic to other non-AVIN websites or services.
Examples of permitted, reasonable commercial uses include:
- Charging users a fee for those portions or aspects of the Application that do not integrate the API, such as engaging in the sale of your own products or services.
- Displaying advertising in your Application, so long as You are not misleading or abusing users.
- Any use that is expressly authorized by AVIN.
If You are not sure if Your Application has a permitted reasonable commercial use, or anticipate that You will or have already exceeded the limit of 5,000 calls per day, please contact us at dev@AVIN and provide us with as much information as possible and we’ll be happy to talk.
5. Your Obligations and Conduct; Use of Services
You expressly agree that AVIN and its affiliates have no responsibility or control over the Content that You upload, post or otherwise transmit via the Website and/or the API (including, without limitation, any Content submitted to any forum) or modifications You may make to the Content. You agree that AVIN and its affiliates may or may not (as determined in its sole discretion, and without an obligation to do so) review the Content before You upload, modify, post or otherwise transmit such Content. AVIN makes no representation that Your use of the Website, the Content, or the API will comply with applicable laws or that they were designed to comply with applicable laws. Additionally, AVIN and its affiliates do not represent, warrant or guarantee the truthfulness, accuracy, quality or reliability of any of the Content posted, displayed, linked to or otherwise transmitted via the Website. AVIN and its affiliates do not endorse any opinions expressed in or through any such Content. You agree that You must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of the Content. Except where expressly stated to the contrary, AVIN possesses the immediate right, but not the obligation, to edit or remove any Content from the Website at any time and/or terminate Your ability to access the Website and/or the API without notice, at its sole discretion. You further acknowledge and agree that AVIN may have something similar to Your feedback or Application already under consideration or in development now or in the future.
6. Amendment of Terms
AVIN reserves the right at any time in its sole discretion without liability to You or any third party to modify, amend, restrict, suspend, deny or terminate Your access or the access of all users to the Website, the API, or any of the Website’s Content or services. Termination of a license to use the Website and/or the API does not constitute termination of these Terms.
AVIN may amend these Terms, including, without limitation, the agreements and policies incorporated herein by reference, at any time. When AVIN changes any such agreement or policy in a material way a notice will be posted on the Website, and when any change is made in any such agreement or policy, the updated agreement or policy, as applicable, will be posted at the applicable link above or a successor link. You understand and agree that if You use the API or the Website or any of the services offered in connection therewith after the date on which any of the foregoing terms have changed, AVIN will treat Your use as acceptance of the updated terms.
7. Property Rights
The Website, including without limitation all Content and all intellectual property rights in and to the same, is owned by or licensed to AVIN, its affiliates, or our third-party content providers. You must not modify, decompile, or reverse engineer any software (including, without limitation, the API) that AVIN or its affiliates disclose to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership. Subject to the following paragraph, You acknowledge and agree that no right, title or interest in any Content is transferred to You as a result of Your use of such Content, the Website, the API or any services provided or otherwise made available via the Website.
As between You and AVIN, You are also solely responsible for all aspects of Your Application.
9. Website Human Use Restriction And Use of API
The API is the only supported method for users to access data programmatically from AVIN. The AVIN Website, including Content and applications is published solely for direct access by human users. ‘Spiders’, ‘crawlers’, ‘bots’ and all other automated software or hardware devices designed to access and ‘read’ or otherwise analyze the Website independently are prohibited unless are expressly so authorized by AVIN. For example, you agree not to:
- ‘Screen scrape’ pages on the AVIN Website, even if such data is not available in the AVIN API.
- Reverse engineer internal data feeds used by the AVIN Website, including AVIN’s flash applications, even if such data is not available in the AVIN API.
- Access legacy or internal APIs used by AVIN but not available through the public API.
10. Fees and Payments
AVIN reserves the right to charge fees for future use of or access to the AVIN API.
11. NO WARRANTY
AVIN, AVIN’S AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES AND AVIN’S SUPPLIERS AND SERVICE PROVIDERS, PROVIDE THE WEBSITE, API, CONTENT AND ANY SERVICES ASSOCIATED WITH ANY OF THE FOREGOING “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVIN, ON BEHALF OF ITSELF AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES AND AVIN’S SUPPLIERS AND SERVICE PROVIDERS, SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, API, CONTENT AND ANY SERVICES ASSOCIATED WITH ANY OF THE FOREGOING, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM AVIN SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
12. LIABLITY LIMIT
IN NO EVENT SHALL AVIN, (AS APPLICABLE) AVIN’S AFFILIATES , OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR AVIN’S SUPPLIERS AND SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE AND/OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO (A) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, API, AVIN’S SERVICES, OR (B) THE TERMS, WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF OPPORTUNITY OR GOODWILL, OR COST OF REPLACEMENT SERVICES, EVEN IF SUCH PARTY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS OF LIABILITY WILL NOT APPLY TO DAMAGES FOR BODILY INJURY THAT, UNDER APPLICABLE LAW, CANNOT BE SO LIMITED.
13. HOLD HARMLESS AND INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD AVIN AND (AS APPLICABLE) AVIN’S AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES, AND AVIN’S SUPPLIERS AND SERVICE PROVIDERS, HARMLESS FROM ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES AND DEMANDS , INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATED TO ANY CLAIMS, ACTIONS, SUITS, OR PROCEEDINGS MADE OR BROUGHT BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THE TERMS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
15. Copyright and Intellectual Property Policy
AVIN’s Copyright and Intellectual Property Policy is found here, the terms of which are hereby incorporated into the Terms by this reference.
16. General Terms
Equitable Relief. You agree that any breach of the Terms will result in irreparable harm to AVIN or its affiliates for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, AVIN or its affiliates will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs or is threatened. You waive any requirement for the posting of a bond or other security if AVIN or its affiliates seek such an injunction.
No Agency. You acknowledge and agree that the relationship between You and AVIN and its affiliates (if applicable) is that of independent contractors. Nothing in these Terms shall be construed as creating a partnership, contract of employment, agency, joint venture or franchise relationship between AVIN or any of its affiliates with You.
Waiver. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. Any waiver of the Terms must be in writing and signed by the party against whom enforcement of the waiver is sought. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
No Third Party Beneficiary. You acknowledge and agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiary to this agreement.
Choice of Law. The Terms shall in all respects be interpreted and construed with and by the laws of the State of New York without regard to its conflict of laws principles. The parties hereby disclaim the application of the U.N. Convention on Contracts for the International Sale of Goods. The sole and exclusive jurisdiction and venue for actions and disputes arising under the Terms will be the state and federal courts in the Southern District of the State of New York. You hereby agree to service of process in accordance with the rules of such courts. The party prevailing in any dispute under the Terms shall be entitled to its costs and legal fees.
Entire Agreement. The Terms constitute the entire agreement between You and AVIN relating to their subject matter, and cancel and supersede any prior versions of the Terms as well as all prior agreements (whether oral, written or otherwise) and representations between You and AVIN. No modification to the Terms will be binding, unless in writing and signed by an authorized AVIN representative. You may not assign, sublicense, delegate or otherwise transfer the Terms or any right granted hereunder, in whole or in part, whether voluntarily or by operation of law, and any attempt to do any of the foregoing in violation of this provision will be null and void. AVIN expressly reserves the right to assign the Terms and to delegate any of its obligations hereunder. The Terms are binding on and inure to the benefit of each party hereto and their heirs, successors and permitted assigns.