3jam API Terms of Service

Thanks for using the 3jam application programming interfaces (the “3jam APIs”). By using the 3jam APIs, you agree to the terms below. If you disagree with any of these terms, 3jam does not grant you a license to use the 3jam APIs. We reserve the right to update and change these terms from time to time without notice. You can always find the most recent version of these terms here http://www.3jam.com/api_tos.php.

Your license to the 3jam APIs under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the 3jam APIs. 3jam may terminate the license at any time for any reason. Your rights to use the 3jam APIs terminate automatically if (i) you violate any of these terms, (ii) 3jam publicly posts a written notice of termination on 3jam.com, (iii) 3jam sends a written notice of termination to you, or (iv) 3jam disables access to the 3jam APIs to you.

  1. Licensed Uses and Restrictions.

    The 3jam APIs are owned by 3jam, Inc. (hereinafter “3jam”) and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These terms define legal use of the 3jam APIs, all updates, revisions, substitutions, and any copies of the 3jam APIs made by or for you. All rights not expressly granted to you are reserved by 3jam.

    1. You shall:

      1. Comply with the 3jam Terms of Use at http://www.3jam.com/terms_of_service.php.

      2. Disclose in your application through a privacy policy or 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.

    2. You shall not:

      1. Use 3jam APIs for any application that replicates or attempts to replace the essential user experience of 3jam.com.

      2. Attempt to cloak or conceal your identity or your application’s identity when requesting authorization to use 3jam APIs.

      3. Use 3jam APIs for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.

      4. Use 3jam APIs 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.

      5. Use 3jam APIs in a manner that adversely impacts the stability of 3jam.com servers or adversely impacts the behavior of other applications using the 3jam APIs.

      6. Sell, lease, or sublicense 3jam APIs or access thereto or derive revenues from the use or provision of 3jam APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.

  2. Commercial Use

    1. Rules and Restrictions.

      If the primary purpose of your application is to derive revenue, it is considered a commercial application. 3jam reserves the right to make these evaluations at the time that you apply for the license. 3jam may also monitor your site or application over time to ensure continued compliance with the appropriate type of API key.

      Here are a few examples of commercial use that may provide you some guidance:

      1. Users are charged a fee for your product or service which includes some sort of integration using the 3jam APIs.

      2. You sell services to 3jam users and use the APIs to bring users’ 3jam content into your service.

      3. Your site is a “destination” site that uses 3jam to drive traffic and generate ad revenue.

    2. Application for a Commercial API Key.

      If you want to apply for a commercial API key, go to the following form to see what information you need to provide: http://3jam.com/api_keys.php. You can’t be too specific about your intended use of the 3jam Commercial API. Lack of specificity or supporting information could delay your application indefinitely. Please note that in many cases we may grant your request for a commercial API key subject to your payment of fees to help cover infrastructure and messaging costs.

  3. Attribution.

    1. You shall not use “3jam” in the hostname of your application, i.e. 3jam.mydomain.com

    2. You shall place the following notice prominently on your application: “This product uses the 3jam API but is not endorsed or certified by 3jam.”

    3. You may not use the 3jam logo without specific written permission from 3jam.

    4. Any use of the 3jam logo in your application shall be less prominent than the logo or mark that primarily describes the application and your use of the 3jam logo shall not imply any endorsement by 3jam.

  4. Ownership and Relationship of Parties.

    The 3jam APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. 3jam’s rights apply to the 3jam APIs and all output and executables of the 3jam APIs, excluding any software components developed by you which do not themselves incorporate the 3jam APIs or any output or executables of the 3jam 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. 3jam owns all rights, title, and interest in and to the 3jam APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by 3jam, including (but not limited to) the 3jam APIs and 3jam trademarks.

  5. Support.

    3jam may elect to provide you with support or modifications for the 3jam APIs (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to you. 3jam may change, suspend, or discontinue any aspect of the 3jam APIs at any time, including the availability of any 3jam APIs. 3jam may also impose limits on certain features and services or restrict your access to parts or all of the 3jam APIs or the 3jam Web site without notice or liability.

  6. Fees and Payments.

    3jam is committed to free and open access to our APIs for non-commercial purposes. However, providing the APIs does have real costs for 3jam. For uses of 3jam APIs over a certain rate or for certain types of commercial applications, 3jam reserves the right to charge fees for future use of or access to the 3jam APIs.

  7. Disclaimer of Any Warranty.

    SOME OF THE 3jam APIS MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. 3jam DOES NOT REPRESENT OR WARRANT THAT ANY 3jam APIS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

    THE 3jam APIS ARE PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND 3jam EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.

    YOUR USE OF 3jam APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY 3jam APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

  8. Limitation of Liability.

    3jam 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 3jam APIS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT 3jam HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL 3jam BE LIABLE TO YOU FOR ANY AMOUNT.

  9. Exclusions and Limitations.

    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 7 AND 8 MAY NOT APPLY TO YOU.

  10. Release and Waiver.

    To the maximum extent permitted by applicable law, you hereby release and waive all claims against 3jam, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees 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 3jam APIs. If you are a California resident, you waive your rights under California Civil Code 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

  11. Hold Harmless and Indemnity.

    To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify 3jam and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of 3jam 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. 3jam shall use good faith efforts to provide you with written notice of such claim, suit or action.

  12. General Terms.

    1. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and 3jam 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 3jam, express or implied, and you shall not attempt to bind 3jam to any contract.

    2. Invalidity of Specific Terms. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.

    3. Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between you and 3jam shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and 3jam agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California.

    4. No Waiver of Rights by 3jam. 3jam’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

    5. Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between 3jam and you with respect to the subject matter hereof.