Truveo API Terms - Truveo Developer Center

This addendum outlines the usage terms for the Truveo Open Video Search Developer Program (the "Program"). In order to access the APIs, sample code and other tools (each a "Tool") that enable you to submit queries against the Truveo branded video search service (the "Truveo Open Video Search Service"), you must agree to the following terms and conditions. Please pay special attention as well to the Truveo logo usage guidelines.

THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND AOL LLC. ("AOL"). THIS TOOLS LICENSE ADDENDUM CONTAINS SUPPLEMENTAL TERMS TO PARAGRAPH 16 OF THE LICENSE TERMS IN THE TERM OF USE SET FORTH AT http://about.aol.com/aolnetwork/aolcom_terms (THE "TOS").  THIS TOOLS LICENSE ADDENDUM AND THE TOS ARE COLLECTIVELY THE "AGREEMENT" AND GOVERN YOUR USE OF THE TOOLS MADE AVAILABLE THROUGH THE VIDEO SEARCH DEVELOPER PROGRAM.  BY CLICKING "I AGREE AND ACCEPT THESE TERMS", OR BY USING THE TOOLS, YOU AGREE TO THE TERMS OF THE AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT CLICK THE CANCELLATION BUTTON AND DO NOT INSTALL OR USE ANY OF THE TOOLS.
 
1. TOOLS AND KEY ISSUANCE. Before accessing any Tool, you will be required to obtain a unique alphanumeric key, which will be assigned to you by AOL upon successful completion of the API registration process.  This key is uniquely associated with your AOL Service screen name, the URL of the website for which you wish to use the Tool (your "Application"), and the AOL approved development usage limitations. Your key will also be uniquely associated with all versions, upgrades and updates of your Application created by you.  Your Application at all times must incorporate the applicable AOL-assigned key in a secure, embedded manner not accessible by any third party, and your AOL-assigned key is required in order to access the network on which the Truveo Open Video Search Service operates (the "AOL Network"). You agree and acknowledge that this key is fully revocable by AOL at any time, and at all times, AOL has the right to block attempts to access the AOL Network with an invalid or revoked key.

2. TOOLS LICENSE.  During the Term, subject to the terms of this Agreement, AOL grants you a limited, royalty-free, nonexclusive, nontransferable, nonassignable license (without right of sublicense) to use the Tools solely for purposes of:

(i) enabling your Application to interact with the Truveo Open Video Search Service and retrieve information  in the form of text and thumbnails therefrom to display as search results (the "Search Results") up to the Call Threshhold; and 

(ii) displaying such Search Results solely within your Application. 

The foregoing license is subject to the following restrictions:

i. You shall not use the Tools or Truveo Open Video Search Service 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, or in any manner inconsistent with the TOS. 

ii. You shall not sell, lease, sublicense the Tools or Truveo Open Video Search Service or access thereto. 

iii. This license is limited to ten thousand (10,000) API calls (the "Call Threshold") to any Truveo Open Video Search Service in any twenty-four (24) hour period.  If at any time you believe you will exceed the Call Threshold or actually exceed the Call Threshold, you shall notify AOL.  AOL may, but is under no obligation to, monitor any such usage and/or permit usage in excess of the Call Threshold subject to your agreement upon additional terms and conditions determined by AOL in its sole discretion, including without limitation, additional economics payable to AOL.

iv. You may create only a single user account, and may not create any script or automated tool that attempts to create multiple API accounts.  

v. You shall not copy, duplicate or store any search results or data retrieved or derived from the Tools or Truveo Open Video Search Service.  You shall not modify, decompile or otherwise alter any Tool or the Truveo Open Video Search Service.

vi. You shall not interfere with the launch or operation of any video player determined by the Truveo Open Video Search Service (including without limitation any AOL video player) in any manner.

vii. Your Application shall not (a) contain, be bundled with, or otherwise enable any viruses, Trojan horses, trap doors, back doors, worms, time bombs, cancelbots, adware, spyware or other computer programming routines that will damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (b) incorporates any Publicly Available Software, in whole or in part, in a manner that may subject the Truveo Open Video Search Service, in whole or in part, to all or part of the license obligations of any Publicly Available Software. As used herein, the term "Publicly Available Software" means any software that contains, or is derived in any manner (in whole or in part) from, any software that is distributed as free software, open source software or similar licensing or distribution models; and that requires as a condition of use, modification or distribution that such software or other software incorporated into, derived from or distributed with such software: (1) be disclosed or distributed in source code form; (2) be licensed for the purpose of making derivative works; or (3) be redistributable at no charge. 

3. TRADEMARKS.  You must include the following reference on any page displaying a search box or search functionality and each page displaying Search Results: "powered by TRUVEO" according to the guidelines set forth at http://developer.truveo.com/TruveoTerms.php. You may also make a statement in materials relating to your Application that it is compatible with the Truveo Open Video Search Service. Any references to AOL, Truveo or the Truveo Open Video Search Service must contain appropriate trademark notices, and you may not in any way indicate that AOL endorses, approves, or supports your Application. This Agreement and participation in the Program does not grant you any other rights to use the AOL or Truveo name, logos or trademarks other than set forth in this paragraph.

4. OWNERSHIP.  The Tools, Truveo Open Video Search Service, AOL Network, AOL and Truveo marks, and Search Results (or output and executables of the API) shall remain the exclusive property of AOL, and this Agreement does not grant any right, title or interest in any intellectual property owned by AOL.  

5. CHANGES TO TOOLS, AOL NETWORK, AGREEMENT.

i. AOL reserves the right to modify, change, update or enhance the Tools, Call Threshold, Truveo Open Video Search Service, or AOL Network (each a "Modification") at any time with or without notice to you, in AOL’s sole discretion.  You acknowledge that such Modifications may affect your Application and may require you to make changes to your Application to continue to be compatible with the Truveo Open Video Search Service. 

ii. AOL shall have the right, in its discretion and without limiting its other legal remedies, to cancel any key it has issued to you and/or to prevent your Application from accessing or working with the AOL Network at any time for any reason or no reason and pursuant to the terms and conditions of this Agreement.

iii. AOL may modify this Agreement at any time with or without notice. Please review the Agreement, which is available at http://developer.truveo.com/APITerms.php, frequently. If a modification is not acceptable to you, you may no longer use the Tools and must cease using Tool enabled functionality in your Application. If you continue to use the Tool-enabled functionality after the Agreement has been modified, you will be deemed to have accepted the modifications. AOL encourages you to review the online version of the Agreement frequently to ensure that you are aware of any modifications to your rights or obligations.

6. END USER LICENSE. If you deploy or distribute your Application to end users, you shall ensure that distribution requires end users to agree to an enforceable end-user license agreement containing at least the following specific minimum terms, and that is at least as protective of AOL as the end user license agreement offered by AOL at http://about.aol.com/aolnetwork/aolcom_terms: (i) a provision stating that you, and not AOL, are responsible for your Application; (ii) a provision indicating that the AOL components and services are provided as-is, without any warranties, and that expressly disclaims all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement; (iii) a prohibition against modifying or creating derivative works of any AOL components of your Application; (iv) a prohibition against decompiling, reverse engineering, disassembling, and otherwise reducing the AOL components of your Application to a human-perceivable form, to the full extent allowed by law; (v) a provision indicating that ownership of the AOL components and services resides with AOL; (vi) a disclaimer of any liability for any service interruptions or the discontinuation of the Truveo Open Video Search Service and the inability to access the AOL Network; (vii) a disclaimer of indirect, special, incidental, punitive, and consequential damages; and (ix) a complete and accurate disclosure to end users of the privacy practices and policy applicable to your Application, including without limitation notice to the end user that (A) AOL’s collection of data via the AOL Network is subject to AOL Network privacy policies, and (B) your collection of data is subject to your privacy policy, which may differ from the AOL Network privacy policies. 

7. YOUR REPRESENTATIONS AND WARRANTIES.  You warrant to AOL that: (a) you have the legal capacity to enter into this Agreement; (b) all information provided by you to AOL in connection with your registration for and use of the Tools is true and accurate; and (c) that your use of the Tools, and your Application, the operation thereof, any other products, services or information provided by you, and any updates, upgrades and modifications thereto, (i) shall not be used in any commercially unreasonable manner or in any manner that would disparage or discredit AOL; (ii) shall not infringe  any intellectual property rights of AOL or any other third party including without limitation, any right of privacy, publicity, copyright, trademark, or patent; and (iii) shall comply with all applicable laws, rules and regulations, including without limitation, consumer protection, data security, and privacy laws.  Further, you shall ensure that you possess all authorizations, approvals, consents, licenses, permits, certificates and other rights and permissions necessary to provide your Application and/or perform your obligations hereunder. 

8. AOL’S DISCLAIMER OF WARRANTY; AS IS.  WITHOUT LIMITATION OF THE PROVISIONS OF PARAGRAPH 17 OF THE TOS, THE TOOLS ARE PROVIDED WITH ALL FAULTS ON AN "AS IS" BASIS. 

9. YOUR INDEMNITY. Without limitation of the provisions of paragraph 19 of the TOS, you shall indemnify, hold harmless and, at AOL’s request, defend AOL and/or its licensors and other suppliers and/or distributors from and against any and all claims, liabilities, losses, damages, expenses and costs (including attorneys’ fees and costs) relating to your breach of any provision under this Agreement or otherwise arising out of your Application, including, but not limited to, any claim related to infringement or misappropriation of intellectual property rights, including but not limited to, infringement by your Application and/or any content contained therein..

10. NON-ASSERT.  In consideration of the licenses granted herein, and other consideration provided by AOL to you under this Agreement, you covenant not to sue or otherwise assert any intellectual property rights against AOL for any alleged intellectual property infringement during the term of this Agreement and thereafter in perpetuity based upon AOL’s provision of any product or service offered by AOL on the AOL Network.

11. TERM, TERMINATION, AND SURVIVAL. This Tools License Addendum commences upon the date you click "I agree and accept these terms" or otherwise commence using any Tool and shall continue in force thereafter, unless terminated as provided herein (the "Term").

11.1. Termination.  AOL may change, suspend, or discontinue all or any aspect of the Tools, including their availability, at any time, and may terminate your use of the Tools at any time prior to or after your development and/or deployment of your Application, without notice, for no reason or for any reason, including but not limited to your breach of any condition hereunder.  You may terminate this Addendum, by removing any AOL marks authorized hereunder from your Application, ceasing use of the Tools, including without limitation removing any and all code from your Application enabling your use of the Tools or the AOL Network.  
  
11.2. Survival.  The respective rights and obligations of AOL and you under the provisions of Sections 4 ("Ownership"), 8 ("Disclaimer"), 9 ("Indemnity"), 10 ("Non-Assert"), and 11.2 ("Survival") shall survive expiration or termination of this Agreement.  AOL shall not be liable to you for damages of any sort resulting from terminating this Addendum or the Agreement.

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