Terms of service
Last Revised: June 30, 2014
Welcome to Mashape.
These terms of service (these "Terms") apply to the API marketplace/network and other products and services (collectively, the "Service") provided by Mashape Inc. ("Mashape," "our," or "we") via Mashape.com (the "Site").
By registering to use the Service, accessing the Service or providing access to any APIs via the Service, you agree and acknowledge that you have read all of the terms and conditions of these Terms, you understand all of the terms and conditions of these Terms, and you agree to be legally bound by all of the terms and conditions of these Terms.
These Terms apply to individuals and entities that provide access to APIs via the Service ("API Owners") and individuals and entities that obtain access to APIs via the Service ("API Consumers"). Unless otherwise specified, "you" refers to both API Owners and API Consumers.
The "Effective Date" of these Terms is the date you first access any of the Service.
Mashape reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of Mashape) at any time and in its sole discretion by providing notice that these Terms have been modified. Such notice may be provided by sending an email, posting a notice on the Site, posting the revised Terms on the Site and revising the date at the top of these Terms, or such other form of notice as determined by Mashape. Any changes or modifications will be effective 30 days after providing notice that these Terms have been modified (the "Notice Period"). Your continued use of any of the Service following the Notice Period will constitute your acceptance of such changes or modifications. You are advised to review these Terms whenever you access the Service and at least every 30 days to make sure that you understand the terms and conditions that will apply to your use of the Service.
SERVICE & REGISTRATION
Mashape’s API marketplace/network connects API Owners and API Consumers. The Service enables API Owners to list the APIs they offer for purchase by API Consumers. Each API offering includes a description of the API, its associated price, and other related terms and conditions. API Consumers may purchase the right to use an API on an individual basis or as part of a subscription plan.
Mashape grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Service subject to the terms and conditions set forth in these Terms.
In order to access the Service, API Owners and API Consumers must register an account with Mashape.com by completing registration forms provided via the Site. You agree to: (a) provide accurate, current, and complete information as may be prompted by the registration forms via the Site ("Registration Data"); (b) maintain the security of your Mashape account password; (c) maintain and promptly update the Registration Data, and any other information you provide to Mashape, to keep it accurate, current, and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Mashape.
You are responsible for safeguarding the passwords you use to access the Service and agree to be fully responsible for activities or transactions that relate to your Mashape account or password. You must notify Mashape immediately if you learn of an unauthorized use of your Mashape account or password.
API Rights — Between API Owners and API Consumers (not Mashape)
Mashape provides the marketplace, and the terms and conditions applicable to the APIs (including, the use of the APIs) are between API Owners and API Consumers.
With respect to each API, API Consumers and the API Owner who listed such API via the Service acknowledge and agree that the terms and conditions applicable to the use of and other rights with respect to such API by each such API Consumer are solely between each such API Consumer and such API Owner, and not with Mashape. Each API Owner (not Mashape) is responsible for all support and all claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).
API Owner – Grants and Obligations
API Owners may list an unlimited number of APIs via the Service by completing Mashape’s listing form.
For each API, API Owners may provide the URLs to the APIs on the API Owner’s websites ("API Owner Sites"), a brief description of the API, the API pricing parameters (free use, unique object pricing, or subscription parameters), and any other terms and conditions (e.g., service level standards) (collectively, "API Content/Terms").
API Owner grants Mashape the right to provide the APIs and API Content/Terms provided by API Owner (or a party on its behalf) via the Service. Further, API Owner consents to Mashape’s use of its name and, if applicable, your company’s name and logo on the Site and our publicly-available online and printed materials, identifying API Owner (and, if applicable, API Owner’s company) as part of the Mashape API network.
API Owner, not Mashape, is responsible for monitoring and enforcing the API Content/Terms applicable to each API to which it grants an API Consumer access. API Owner acknowledges and agrees that Mashape will not be liable for any breach of the terms and conditions governing the use of APIs by API Consumer.
API Owner represents and warrants that: (a) all representations and warranties API Owner makes with respect to the APIs it lists via the Service are true and accurate; and (b) it owns (or has full rights to) to market, offer to sell, sell, grants access to, and distribute the APIs it lists via the Service and all API Content/Terms posted to the Service.
API Owner – Payments
Mashape collects subscription fees and all other payments associated with API Consumers’ access and use of APIs you provide via the Service and such amounts are passed on to you less a Mashape transaction fee. API Owners are on a monthly basis in arrears paid via the Service.
Mashape, at its sole discretion, may modify its transaction fee with no less than 30 days advance notice.
API Consumer – Subscription Packages
API Consumer may browse listed APIs and subscribe to access and use APIs pursuant to one of the Mashape API subscription plans selected by API Consumer. Depending on a particular API offering, API Consumer may also be able to arrange custom pricing and service directly with an API Owner.
Unless otherwise expressly set forth in the Mashape subscription plan selected, Mashape subscription plans will automatically renew for additional periods equivalent in length to the initial Mashape subscription period. API Consumer may change the type of Mashape subscription plan or terminate the Mashape subscription plan according to the terms and conditions of such subscription plan.
API Consumer – Fees
The pricing terms for API Consumer’s access and use of APIs are set forth in the Mashape subscription plan selected (unless the API is being purchased outside your selected subscription plan). All payments must be made in U.S. Dollars by credit or debit card via an authorized Mashape payment processor.
Mashape will charge the credit/debit card provided by API Consumer via the Service in advance in accordance the subscription plan selected by API Consumer. Most plans are monthly with subscriptions payable at the beginning of each month.
API Consumer hereby authorizes Mashape (or its authorized payment processor) to charge the credit/debit card number provided via the Service in accordance with the Mashape subscription plan selected, and API Consumer represents and warrants that API Consumer is authorized to use and have fees charged to the credit/debit card number provided to Mashape. API Consumer understands that it may withdraw such authorization by contacting Mashape at firstname.lastname@example.org.
Mashape reserves the right, but does not have the obligation, to remove, screen, or edit any content posted or stored on the Service, including API Content/Terms (collectively, "User Content") at any time and for any reason without notice. ** You will not (and will not allow or authorize any third party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Service any User Content that is restricted by these Terms.
Except as expressly authorized by these Terms, you may not:
modify, disclose, alter, translate, or create derivative works the Service (or any components thereof);
license, sublicense, resell, distribute, lease, rent, lend, transfer, assign, or otherwise dispose of the Service (or any components thereof);
disassemble, decompile, or reverse engineer the software components of the Service;
use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
use the Service to store or transmit any viruses, software routines or other code designed to permit unauthorized access, disable, erase, or otherwise harm software, hardware, or data, or to perform any other harmful actions;
copy, frame, or mirror any part or content of the Service;
build a competitive product or service, or copy any features or functions of the Service;
interfere with or disrupt the integrity or performance of the Service;
attempt to gain unauthorized access to the Service or their related systems or networks;
remove, alter, or obscure any proprietary notices in or on the Service including copyright notices;
cause or permit any third party to do any of the foregoing; or
interfere in any manner with the enjoyment of the Service of any other user.
General Grant and Ownership
Unless otherwise expressly indicated in these Terms, all information, materials, and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content is owned by Mashape or is used with permission.
When you post, link, or otherwise make available content to the Service, you grant Mashape a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any manner or media on or off the Site. Mashape reserves all rights not expressly set forth in these Terms.
You may not store, change, distribute, perform, or display works of original authorship. You are responsible for obtaining proper authorization for the use of copyrighted content. Upon receipt of a valid notice that you have posted infringing material on the Service, Mashape will immediately disable all access to the material, including via your account. Mashape will notify you by email of the actions taken by the Service in response to the take-down notice.
Mashape will take immediate action to stop and further prevent copyright infringement upon acquiring knowledge of a copyright violation. Accounts involved in copyright violations may be terminated without ability for re-activation.
Take-Down Notification for Unauthorized Use of Copyrighted Material
The owners of copyrighted material appearing on the Site without authorization must send a written take-down notification to Mashape. The take-down notification must include the following:
A physical or electronic signature of the copyright owner or authorized person acting on behalf of the owner which expressly claims an executive right that is allegedly being infringed;
Specific identification of the copyrighted work which you are alleging to have been infringed. If you are alleging infringement of multiple copyrighted works with a single notification, you must submit a representative list which specifically identifies each of the works that you allege are being infringed;
Specific identification of the location and description of material that is claimed to be infringing or to be subject of infringing activity with enough detailed information to permit the Service to locate the material. You should include the specific URL or URLs of the webpages where the alleged infringing material is located;
Information reasonably sufficient to allow the Service to contact the complaining party which may include a name, address, telephone number, and electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by copyright owner, its agent or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Take-down notifications must be submitted to Mashape’s Digital Millennium Copyright Act Designated Agent via electronic mail to email@example.com or via mail to 500 Montgomery St, San Francisco, CA 94111. Mashape will respond to a valid take-down notification within two business days.
If you believe that you have improperly been affected by a take-down notification, you may submit a counter-notification. If the removed material meets the counter-notification requirements below, the material will timely be restored to the Site. The counter-notification must contain the following information:
A statement that access to your account or material was disabled due to operation of a notice and take-down procedure;
Information sufficient to identify the material that has been removed, including the account identification information and the URL address where the material could be located prior to removal;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
Your name and contact information, including your address and telephone number.
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided the take-down notification.
Your electronic or physical signature.
Counter-notification should be submitted to Mashape’s DMCA Designated Agent at the addresses provided in the section above. Mashape will respond to a valid counter-notification in no less than 10 and no more than 14 business days.
Any suggestions, comments, or other feedback provided by you to Mashape with respect to the Service or Mashape (collectively, "Feedback") will constitute confidential information of Mashape. Mashape will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind, on account of intellectual property rights or otherwise.
You are granted a limited, non-exclusive right to create a text hyperlink to the Service for noncommercial purposes, provided such link does not portray Mashape or any of its products and services in a false, misleading, derogatory, or defamatory manner and that the linking site does not contain any material that is offensive, illegal, harassing, or otherwise objectionable. This limited right may be revoked at any time. Mashape makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party sites accessible by link from the Service or Site. Mashape provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Mashape of the corresponding site or any information contained in that site. When you leave the Site, Mashape’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Site.
Mashape may run advertisements and promotions from third parties through or in connection with the Service or may provide information about or links to third-party products or services. Your dealings or correspondence with, or participation in promotions of, any such third parties, and any terms, conditions, warranties, or representations associated with such dealings, correspondence, or promotions, are solely between you and the applicable third party. Mashape is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, correspondence, or promotions or as the result of the presence of such advertisers or third-party information made available through the Service.
Mashape’s name, trademarks, logos, and any other Mashape product, service name, or slogan included in the Service are property of Mashape and may not be copied, imitated, or used (in whole or in part) without Mashape’s prior written consent. The look and feel of the Service and the Site, including all custom graphics, button icons, and scripts constitute service marks, trademarks, or trade dress of Mashape and may not be copied, imitated, or used (in whole or in part) without Mashape’s prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service ("Third Party Trademarks") ** are the property of their respective owners, and the use of such Third Party Trademarks inures to the benefit of each owner. The use of such Third Party Trademarks is intended to denote interoperability and does not constitute an affiliation by Mashape and its licensors with such company or an endorsement or approval by such company of Mashape or its licensors or their respective products or services.
SUSPENSION OR TERMINATION
Mashape may suspend or terminate your license to access or use the Service at any time and for any reason without notice at Mashape’s discretion. You will stop accessing or using the Service immediately if Mashape suspends or terminates your license to access or use the Service. Mashape reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Service during suspension or after termination. Mashape may recover its reasonable attorneys’ fees and court costs from you for such actions. These Terms will remain enforceable against you while your license to access or use the Service is suspended and after it is terminated. Except for the license granted to you to access and use the Service and all payment terms, all of the terms, conditions, and restrictions set forth in these Terms will survive the termination of these Terms.
API Consumer may terminate its subscription plan at any time with notice to Mashape at firstname.lastname@example.org. No refunds will be issued.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MASHAPE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS, THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE VIA THE SITE), AND THIRD-PARTY TRADEMARKS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, AND CONDITION OF TITLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MASHAPE DOES NOT WARRANT, AND DISCLAIMS ALL LIABILITY FOR (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE VIA THE SITE), OR THIRD-PARTY TRADEMARKS; (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE AND ANY API MADE AVAILABLE VIA THE SERVICE; (C) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE; AND (D) WHETHER THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
You, at your sole expense, will defend, indemnify, and hold Mashape (and its directors, officers, employees, contractors, and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest, and disbursements) caused by, arising out of, or resulting from your violation (or alleged violation) of these Terms (including, but not limited to, in the case of each API Owner, all APIs provided by such Owner).
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MASHAPE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE VIA THE SITE), OR THIRD-PARTY TRADEMARKS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), EVEN IF MASHAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MASHAPE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. \$100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY BECAUSE THEY REQUIRE USER AND MASHAPE TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF.
You and Mashape will arbitrate any dispute, claim, or controversy arising from or related to these Terms or the Service, except that neither you nor Mashape is required to arbitrate any dispute in which either party seeks equitable and/or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade names, or patents. ARBITRATION PREVENTS USER AND MASHAPE FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Mashape will notify each other of any dispute within 30 days of when it arises and attempt informal resolution before any demand for arbitration. Arbitration will be conducted confidentially in San Francisco, California by a single arbitrator in accordance with the rules of JAMS (or its successor). Except as expressly provided in these Terms, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will bind the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will equally share the expenses of the arbitration unless the arbitrator determines to apportion fees and expenses differently. To the fullest extent permitted by applicable law, WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, NO ARBITRATION OR CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NEITHER USER NOR MASHAPE WILL COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
You can choose to reject this agreement to arbitrate ("opt out") by sending Mashape a written opt-out notice (the "Opt-Out Notice") to email@example.com within 30 days after the date you accept these Terms for the first time. The Opt-Out Notice must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number, and email address. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of this agreement to arbitrate. If you opt-out of this agreement to arbitrate, all other parts of these Terms will continue to apply.
Neither party will, for any purpose, be deemed to be an agent, franchisor, franchise, employee, representative, owner, or partner of the other party, and the relationship between the parties will only be that of independent contractors. Neither party will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.
You may not assign, delegate, or transfer (by sale, merger, operation of law, or otherwise) these Terms or any right, title, interest, or obligation hereunder without the prior written consent of Mashape. Any attempted or purported assignment, delegation, or transfer in violation of the foregoing will be null and void and without effect. Mashape may assign these Terms without your prior written consent. These Terms will be binding and inure to the benefit of such assignees, transferees, and other successors in the interest of the parties in the event of an assignment or other transfer made consistent with the provisions of these Terms.
Mashape may choose to electronically deliver all communications with you, which may include email to the email address you provide to Mashape. Mashape’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices required under applicable law and any other notices. You agree to do business electronically with Mashape and to receive electronically all current and future notices, disclosures, communications, and information and that the aforementioned electronic communications satisfy any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received on the day of receipt as evidenced by such email.
If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
If you have any questions regarding the use of the Service, please email Mashape at firstname.lastname@example.org.