This agreement sets out the terms and conditions (the "API Terms of Use") pursuant to which you are licensed by 500px Inc. ("500px") to use the 500px application programming interfaces (the "500px APIs"). By accessing or using 500px APIs in any way you acknowledge and agree on your own behalf and on behalf of the company or entity you represent ("You") that you have read, understand and agree to be bound by the API Terms of Use, our 500px site terms http://500px.com/terms and our 500px site privacy policy http://500px.com/privacy, (collectively the "500px Agreement") all of which shall govern your relationship with 500px and your access to its members. 500px reserves the right to alter, delete and/or add to the 500px Agreement at its discretion. You can always find the most recent version of 500px Agreement on the following pages: https://github.com/500px/api-documentation/blob/master/basics/terms_of_use.md.
If you disagree with any part of the API Terms of Use or any other terms of the 500px Agreement, 500px does not grant you a license to use the 500px APIs and you are directed to immediately cease using the 500px APIs.
The purpose of the 500px APIs is to permit registered users ("API Users") to develop applications that interface with the 500px site for the purpose of importing, exporting and sharing content and data with the 500px website and providing products and services to its members.
To become an API User you must register and be approved by 500px. As part of the registration and approval process you will be asked to provide your name, email and contact information, the name, email and contact information of the entity or company you represent, as well as details about the 500px API application you intend to develop and/or the products and/or services you intend to offer to 500px members using the 500px API. It is your responsibility to ensure the information provided to 500px is complete, true and accurate throughout your period as a 500px API User. If you provide any information that is untrue, inaccurate, not current or incomplete, or 500px has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 500px may terminate your 500px API license and/or the 500px Agreement.
During registration, you may be asked to provide an e-mail address and to create your own password. Your e-mail address will become your user identification. Upon being accepted as an API User you will be issued one or more API keys for use with your 500px APIs. You are responsible for maintaining the confidentiality of the password and your API keys and are fully responsible for all activities that occur under your password and API keys. You agree to immediately notify 500px of any unauthorized use of your password, API keys or any other breach of security. 500px reserves the right to approve and authorize API Users at its discretion.
The 500px APIs are owned by 500px Inc. Upon your acceptance as an API User you are hereby granted a non-exclusive, non-sublicensable, worldwide license to use each 500px API and API Key delivered to you by 500px for the purpose authorized in your registration and acceptance as an API User, subject to the terms and conditions contained in these API Terms of Use and the other parts of your 500px Agreement. The terms and conditions of your 500px Agreement apply to all copies of the 500px APIs made by or for you, and to all updates, revisions, and substitutions, if any.
Photos and images on the 500px site are owned by 500px members and not by 500px. All rights not expressly granted to you are reserved by 500px and/or its members.
- Provide attribution credit to the copyright owner (Photographer member of 500px) as well as a hyperlink to 500px website photo page adjacent to each use. Format for credit should read as "© Photographer Name / 500px"
- Comply with the API Terms of Use and the other terms and conditions of your 500px Agreement, http://500px.com/terms and http://500px.com/privacy.
- Comply with any terms, conditions and copyright restrictions imposed on usage of photos and images by their respective member owners. 500px doesn't own the images; 500px members do. Although the 500px APIs can be used to gain access to photos, images and other information of 500px members, neither 500px’s provision of the 500px APIs to you nor your use of the 500px APIs override the owner member’s terms, conditions and copyright restrictions which may include "all rights reserved" and "private" restrictions, Creative Commons licenses and/or other terms and conditions that must be agreed upon between you and the member. You are solely responsible for making use of 500px photos, images and member other information in compliance with the member’s requirements and/or restrictions.
- Remove from your application within 24 hours any 500px member’s photos, images or other information that the owner asks you to remove.
- Disclose in your application through a privacy policy or statement otherwise displayed in the footer of each page, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.
- Provide 500px reasonable access to usage analytics of the application.
- Use 500px APIs for any application or purpose other than as approved by 500px.
- Use 500px APIs for any application that replicates or attempts to replace the essential user experience of the 500px.com website or software applications built by 500px.
- Attempt to cloak or conceal your identity or your application’s identity when requesting authorization to use 500px APIs.
- Display more than 20 500px photos or images per page in your application or use an unreasonable amount of bandwidth.
- Cache or store any photos or images obtained from 500px for more than 24 hours.
- Enable downloads or storage of photos that are protected by copyright by any application.
- Use 500px as a generic image hosting service for banner advertisements, graphics, etc.
- Use 500px APIs in a manner that adversely impacts the stability of 500px.com servers or adversely impacts the behavior of other applications using the 500px APIs.
- Sell, lease, or sublicense 500px APIs or access thereto or derive revenues from the use or provision of 500px APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.
Without limiting the generality of the foregoing, Use 500px APIs, post, email, transmit, upload or otherwise submit any content to 500px members that:
- is offensive to the 500px online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promotes information that is false, misleading, illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person including, without limitation, promoting an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- 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;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornography or pornographic material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits 500px passwords or personal identifying information for unlawful purposes from 500px members;
- engages in contests, sweepstakes, barter, advertising, and pyramid schemes, without our prior written consent;
- promotes or is used in connection with spyware, adware, other malicious programs or code; and
- contains or will contain any disabling mechanism or protection feature designed to prevent its use, including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete damage or disable any content, any services or any 500px application, or web site or any operating system software or hardware on which such content, service application or website is operated or displayed.
A separate license to use a 500px API is granted each time the related API Key is made available to you. You may terminate a 500px API license by providing notice to 500px and discontinuing use of the related 500px API.
500px may terminate a 500px API license or the 500px Agreement, at any time for any reason. Your rights to use the 500px APIs terminate automatically if (i) you violate any terms of your 500px Agreement, (ii) 500px publicly posts a written notice of termination on 500px.com, (iii) 500px sends a written notice of termination to you, or (iv) 500px disables the API Key and access to the 500px APIs.
"500px", the 500px logo and such other trademarks and logos that are from time to time used by 500px are proprietary trademarks of 500px Inc (the "500px Trademarks"). API Users are hereby granted a non-exclusive, non-sublicensable, worldwide license to use 500px Trademarks as follows. All other uses are strictly prohibited.
You shall place the following statement prominently on your 500px API application: "This product uses the 500px API but is not endorsed or certified by 500px." You may use 500px Trademarks with the prior written consent of 500px. Any approved use of 500px Trademarks will require that the 500px Trademark be less prominent than the logo or mark that primarily describes the application and be accompanied by the following statement: "This [application/website] uses the 500px(tm) API and is not endorsed or certified by 500px or 500px Inc. All 500px Trademarks displayed on this [application/website] are property of 500px Inc." You shall not use "500px" in your product name, domain name, or images. You shall not use a 500px Trademark in any manner that implies endorsement of your company, its products and/or services or the 500px API application by 500px.
The 500px APIs are the sole and exclusive property of 500px and its licensors and all copyright, patent, trademarks and other intellectual property rights therein are owned or licensed by and are proprietary to 500px and its licensors. 500px’s rights apply to the 500px APIs and all output and executables of the 500px APIs, excluding any software components developed by you which do not themselves incorporate the 500px APIs or any output or executables of the 500px APIs. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms.
500px may elect to provide you with support or modifications for the 500px APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. 500px may change, suspend, or discontinue any aspect of the 500px APIs at any time, including the availability of any 500px APIs. 500px may also impose limits on certain features and services or restrict your access to parts or all of the 500px APIs or the 500px web site without notice or liability.
500px is committed to free and open access to our APIs. However, providing the APIs does have real costs for 500px. For uses of 500px APIs over a reasonable rate or for certain types of commercial applications, 500px reserves the right to charge fees for future use of or access to the 500px APIs or to terminate your 500px API license.
SOME OF THE 500PX API(S) MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. 500PX DOES NOT REPRESENT OR WARRANT THAT ANY 500PX API(S) ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE 500PX API(S) ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND 500PX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. 500PX MAKES NO REPRESENTATION OR WARRANTY REGARDING, IS NOT RESPONSIBLE FOR, AND DISCLAIMS ALL LIABILITY FOR, THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF 500PX.COM OR ANY MATERIAL ON 500PX.COM, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEM, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PERSON, CORPORATION OR ENTITY OTHER THAN 500PX, ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, OR LOSS OR USE OF DATA, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES.
YOUR USE OF 500PX API(S) IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY 500PX API(S) INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
500PX ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AND AGENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE 500PX API(S), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT NOTICE HAS BEEN PROVIDED TO ANY SUCH PERSON OR ENTITY OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL 500PX ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF $100.
YOU EXPRESSLY ACKNOWLEDGE THAT 500PX HAS ENTERED INTO AND GRANTED YOU THE LICENSES CONTAINED IN THE API TERMS OF USE IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THEY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND 500PX. YOU EXPRESSLY AGREE THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THE API TERMS OF USE SHALL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY OR TERMINATION OF YOUR ACCESS TO AND USE OF 500PX.COM AND ITS CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against 500px its subsidiaries, affiliates and their respective directors, officers, employees, consultants, agents co-branders and other partners from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of 500px APIs. You expressly waive and relinquish any and all rights and benefits which you may have under any provincial, state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless 500px its subsidiaries, affiliates and their respective directors, officers, employees, consultants, agents co-branders or other partners from and against any third party claim arising from or in any way related to your use of 500px APIs, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. 500px shall use good faith efforts to provide you with written notice of such claim, suit or action.
Any controversy, claim or dispute arising out of or relating to the 500px Agreement including without limitation, the performance, breach, enforcement, existence or validity of the 500px Agreement which cannot be resolved by 500px and you (a "Claim"), shall be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator in Toronto, Ontario, Canada in English pursuant to the Arbitration Act 1991, (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is trained in law and who has experience in the information technology field in Canada and is independent of you and 500px. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other person, corporation or entity. You agree to waive any right you may have to commence or participate in any class action against 500px related to any Claim and you agree to opt out of any class proceedings against 500px. However, 500px reserves the right to refer any Claim in respect of intellectual property to the Federal Court of Canada.
Notwithstanding any provision hereof, for all purposes of the 500px Agreement, you and 500px shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of 500px, express or implied, and you shall not attempt to bind 500px to any contract.
The 500px Agreement constitutes the entire agreement between 500px and you about your use of 500px APIs and, except as specifically set forth in the 500px Agreement, supersede any prior agreements between you and 500px relating to the 500px APIs your access to and use of 500px.com and its content. 500px may assign the 500px Agreement, in whole or in part, at any time. 500px’s failure to insist upon or enforce strict performance of any right or provision of the 500px Agreement shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the 500px Agreement, as amended from time to time, are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained in the 500px Agreement which shall remain in full force and effect and shall be construed as if the invalid provision had been omitted. The section headings and subheadings contained in the 500px Agreement are included for convenience only, and shall not limit or otherwise affect the terms of the 500px Agreement. Any construction or interpretation to be made of the 500px Agreement shall not be construed against the drafter. 500px and you have required that the Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais (Version française). In the event of a conflict between the English and French version of these terms, the English version shall prevail.
Published on August 16, 2011. Modified on May 29, 2012.