API Terms of Use

This agreement between you, the API User, and Art of the Pet, LLC, applies to your use of Art of the Pet’s public Application Program Interface (“API”), alone or in combination with the site, apps, and/or any other services provided by Art of the Pet, LLC as defined in Art of the Pet’s Terms and Conditions (the “Terms”) and Privacy Policy. By using the API, you agree to these API Terms, Privacy Policy, and the Art of the Pet Terms.

 

The Terms, Services, and all other terminology used in this agreement are as defined in the “Definitions” section of the Terms. These API Terms incorporate by reference all other Terms as outlined in the Terms and Conditions. Art of the Pet owns the API, however, Users and Account Holders own your own content.

 

1.– Limited License

  1. We grant you a limited, personal, non-sublicensable, non-transferable, non-exclusive, revocable license to access and use our API to create and run websites and applications that comply with our Policies and Terms. We reserve the right to charge for access to, or use of, the API in the future. If you violates the Terms, we may revoke your API access or your account privileges (including related accounts). If we enter into a business agreement involving the API, the agreement’s terms supersede these API Terms.
  2. The Privacy Policy details how your information is used when you uses the Services. By using our Services, you are also agreeing that we can process your information in the ways set forth in the Privacy Policy.

2.– Agreement Acceptance and Changes

  1. We requires that you provide accurate registration data when you sign up to use the API and that this information is kept up to date. You are also required to comply with the access security requirements, such as two-factor authentication, wherever available.
  2. It is your responsibility to inform Art of the Pet of any changes to your registration data by updating the account information. We may get in touch with you if your account information is incomplete, outdated, or inaccurate, and we reserve the right to suspend or terminate your access to the API if you fail to provide accurate and complete contact information. API and account security is your responsibility. You must immediately contact us at [email] if you discovery any security concerns or believe your account has been compromised.
  3. We reserve the right to change these API Terms at any time. If we believe the changes are material, you will be notified via the email listed in your account information. You consent to receiving these non-marketing messages, and it is your responsibility to review these changes.
  4. When the API Terms are updated, you must accept the updated API Terms in order to continuing using the API. If we provides notice of a material change in the API Terms that requires affirmative acceptance of the change, and if you fail to accept the updated API Terms and/or other applicable policies within thirty (30) days of notice of the changes, your access to the API may be suspended or terminated. For all other non-material updates, continued use of the API thirty (30) days after notice of an update will constitute acceptance of the updated API Terms.

3.– Privacy, Intellectual Property, and Security Obligations

  1. When using the API, you may interact with user-generated content and Users’ personal information. We do not own user-generated content. You have an obligation to protect User Personal Information.
  2. Any application using the Art of the Pet API is your responsibility. You are responsible for keeping the application, site, and any Art of the Pet user data secure. You must also comply with all applicable laws, including intellectual property, privacy, and commercial laws. You must also comply with all of Art of the Pet’s Policies and Terms, including the Privacy Policy and Intellectual Property Policy. You agree that Art of the Pet and our affiliates have no responsibility or control over the content that you and your application’s users upload or transmit through our API.
  3. You must be transparent with Art of the Pet Users by providing terms of service and a privacy policy in your application. These terms and policy must be displayed prominently and comply with all relevant legal requirements. These requirements include applicable data protection and privacy laws that govern the ways in which you can use Art of the Pet member information. Such laws may require that you post, and comply with, your own privacy policy, which must be accessible to users of the application and compatible with this policy and Art of the Pet’s Terms. If you fail to maintain a transparent and sufficient privacy policy, your access to the Art of the Pet API may be suspended or terminated.
  4. You are also a separate and independent controller of personal information under EU law.

4.– Using the API

  1. We reserve the right to refuse service or access to the API at any time and for any reason. If we determine that the application, the content, or the processing of data are not in the letter or spirit of the Terms, we may take action against your account, such as terminating API access, suspending account privileges, or terminating all related accounts.
  2. We are constantly updating information. The data you access through the API may become outdated quickly. You will not display listing content more than six (6) hours older than information on the Art of the Pet site or app. You will not display any other Art of the Pet content more than twenty-four (24) hours older than the content displayed on the site. Once you have accessed, stored, or displayed Art of the Pet or User content, you will not cache or store it longer than is reasonably necessary to provide service to the application’s users.
  3. You are solely responsible for your use of the API. If you are offering your application to other Art of the Pet members, you will provide support, including prominently displaying an email address on the application and responding to inquiries from members or Art of the Pet in a timely manner.
  4. You may not:
    1. Try to replicate Art of the Pet, duplicate Art of the Pet content, or circumvent the Art of the Pet checkout process.
    2. Circumvent any security features or technical limitations of the API.
    3. Disrupt the flow or user experience on Art of the Pet, such as by modifying the look, feel, or content of the Site, Apps, or Services; distributing a virus; or other harmful computer code.
    4. Exceed reasonable request volume or reasonable number of API keys. By default, members are allocated a set number of calls per day per the Art of the Pet API developer site, and we may grant an API User a higher number of calls or restrict the number of calls to the API at our discretion. You may not create additional API keys to overcome these limits.
    5. Sell, lease, or otherwise transfer the Art of the Pet API or member date to any third party.
    6. Use API or member data with a third-party advertising or marketing platform, whether or not aggregated, and whether or not tied to a specific member.
    7. Use the API to collect, scan, or otherwise request Art of the Pet content for analytics, machine learning, licensing, or content removal unless expressly authorized in writing by Art of the Pet.
    8. Modify the API in any way.
    9. Transmit spam, unsolicited marketing communications, or any other content that violates our policies.
    10. Misrepresent your affiliation with us, such as by failing to comply with Section 6 of these API Terms or our Intellectual Property Policy.
    11. Upload, post, collect, or store member ID and password combinations.
    12. Upload, post, collect, store, share, transfer, or process personal information or data about Art of the Pet members unless specifically and affirmatively authorized in writing by such member with appropriate notice, and only to the extent compatible with your terms of service, privacy policy, and Art of the Pet’s Terms.
    13. Reverse engineer or access internal or legacy APIs or data feeds.
    14. Use automated systems designed to access, analyze, or scrape the Art of the Pet website, including the API, unless expressly authorized by Art of the Pet in writing.
    15. Otherwise attempt to harm or damage Art of the Pet or our members.
    16. Combine your application or website code with the API in a way that is incompatible with the Terms such as using a software license.
    17. Use the API in a manner that presents a safety or security risk to Art of the Pet or our Users.
    18. Use the API in a manner that is inconsistent with data protection principles include subject access requests, where available to data subjects.
    19. Attempt to use the API in a way that is not transparent with Art of the Pet or users regarding the purposes behind your processing of user date. An example of this is combining Art of the Pet user data with data about the Users derived from other sources without the consent of Art of the Pet and the Users.

5.– Commercial Use

  1. In general, reasonable commercial use of the API is permitted. Examples include:
    1. Charging users a fee for parts of the application that don’t integrate with the API.
    2. Displaying advertising in the application, so long as these ads do not mislead or abuse users; the ads comply with all applicable advertising-related laws, disclosures, and industry standards; and the ads are not using, or collection information tied to, member data obtained via the API.
    3. Any use that is expressly authorized in writing by Art of the Pet, such as uses expressly permitted in these API Terms.
  2. Prohibited commercial uses include, but are not limited to:
    1. Selling or giving any third party the API, member content that does not belong to you, or access to the API or the content.
    2. Charging a fee to use or access any part of the application that integrates with the Art of the Pet API and that we provide to Users free of charge.
    3. Using the API primarily to drive traffic to other non-Art of the Pet websites or services.
    4. Using the API in a manner unrelated to Seller or Buyer activity, such as to determine information about our internal systems or to perform marketing analytics, without the written permission of Art of the Pet.
    5. Using the API to obtain information on, track, or surveil Art of the Pet members or your content in a manner that would otherwise require (1) valid legal civil or criminal process, or (2) express permission from the affected members.
    6. Using the API to assist in creating databases of identifying information for any government or government sponsored entity (irrespective of any stated national security purpose) to abolish any human rights, civil rights, or civil liberties on the basis of race, gender or gender identity, sexual orientation, religion, or national origin, or otherwise in a manner that, in our view, would violate the Universal Declaration of Human Rights, including without limitation Articles 12, 18, or 19.
    7. Using the API in any manner that violates our Anti-Discrimination Policy. 
    8. Using the API in a manner that violates the privacy of Art of the Pet or our Users.
  3. If you are unsure whether the application has a permitted commercial use or if the application exceeds the daily call limit, please contact Art of the Pet at [email].

6.– Using Art of the Pet’s Trademarks

  1. You agree not to use Art of the Pet trademarks, logos, signature colors, layout, text, or other materials in a way that suggests endorsement from or affiliation with Art of the Pet. You also cannot create or use a mark that is confusingly similar to Art of the Pet’s trademarks.
  2. Use of the Art of the Pet trademarks is subject to the Trademark and Intellectual Property Policies. Art of the Pet marks must be less prominent than the API User’s marks.
  3. You may state that the application was created with Art of the Pet’s API but may not claim or imply that the application is endorsed or certified by Art of the Pet.
  4. To prevent confusion, you are required to display the following statement prominently on your application: “The term ‘Art of the Pet’ and the Art of the Pet logo are trademarks of Art of the Pet, LLC. This application uses the Art of the Pet API but is not endorsed or certified by Art of the Pet, LLC.”

7.– Indemnification

  1. You and your successors in interest agree not to sue us or our members on intellectual property, data breach, security, or data protection claims related to your application, or related to the Art of the Pet technologies that make the application possible.
  2. Additionally, you will not bring any intellectual property infringement claim, nor assist any third party in doing so, against us or our members, related to your use of, and access to, the API, including how the application interacts with Art of the Pet, the Site, the Apps, or the Services. This paragraph relates to your use of and access to the Art of the Pet API, not to the content of any Art of the Pet shop you may control. Further information about the limitations of liability can be found in Article 8 of the Terms.
  3. These API Terms also incorporate all applicable parts of Art of the Pet’s Terms of Use, including Article 11, which contains an arbitration clause and class action waiver, under which you agree to resolve all disputes through binding individual arbitration. This means you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
  4. As noted above, in Article 13 of the Privacy Policy, and in Article 3 of Terms and Conditions, you are an independent data controller under EU law. However, if you are found to be a joint data controller of personal user information with Art of the Pet, and if we are sued, fined, or otherwise incurs expenses because of something you did as a joint data controller of personal user information, you agree to indemnify Art of the Pet for expenses incurred in connection with your processing of personal user information.
  5. If your account, application, or use of the API results in us being sued, you agree to indemnify and defend us. To the extent Art of the Pet is alleged to have, or found to have, any separate or joint liability for your failure to comply with this policy, you agree to indemnify and hold Art of the Pet harmless for, and reimburse us for all costs related to, that violation.