JAMENDO API Terms of Use

The API is a service provided by JAMENDO S.A available on http://api.jamendo.com. The API allows developers to access the data published on the JAMENDO platform available on www.jamendo.com.
Any use of the API is governed by these Terms of Use. By using the API you accept to be bound by these Terms of Use without any limitation.
These Terms of Use were last modified on September 17, 2013.

CLAUSE 1. DEFINITIONS

API: refers to the service available on http://api.jamendo.com and allowing Developers to access the Content published on the JAMENDO Platform (www.jamendo.com).
APPLICATION(S): refers to the applications developed by the Developers and which make use of the API.
CONTENT(S): shall mean the content published on the JAMENDO Platform by JAMENDO’s Members and made available to the Developers through the API.
DEVELOPER(S) or YOU: shall mean any person accessing and using the API.
MEMBER(S): refers to the users registered to the JAMENDO Platform.
PLATFORM: shall mean the collection of services available on www.jamendo.com on which the Content is published.
TERMS OF USE: shall mean these Terms as well as any future amendments.
USER(S): refers to the Application users.

CLAUSE 2. REGISTRATION AND CREDENTIALS

The use of the API may require to register and provide information to allow the identification of the Developer. The Developer commits to provide JAMENDO with correct and comprehensive information and maintain them up-to-date.
Any credential giving access to the API, included but not limited to login, password, API key, arising from the registration or provided by JAMENDO is strictly personal, and should not under any circumstances be shared with or disclosed to third parties.
Developers are personally responsible for these credentials and must use them in accordance with the provisions of these Terms of Use.
The Developer shall hold JAMENDO harmless from and against any wrongful use of his credentials, whether or not fraudulent, caused by the Developer's own acts or omissions, or those of a third party.

CLAUSE 3. USING THE API

3.1 - Accessing the Content

Each Content available through the API is published on the JAMENDO Platform under a Creative Commons license. The chosen license is indicated on the page dedicated to each Content on the JAMENDO Platform by an icon or any other mean.
The Developer commits to use the Content in conformity to these Terms of Use and the license under which the Content has been published, and more generally, not to infringe any intellectual property rights held by JAMENDO Members on the Content. Also, the Developer must not claim or attempt to claim ownership of any Content, or misrepresent himself or his company as being the source of the Content.
You hereby acknowledge and agree that JAMENDO Members are solely responsible for the Content made available on the JAMENDO Platform and that JAMENDO have no general obligation to monitor Content transferred or stored via its Platform.
JAMENDO exclude any liability which may arise from the use of any Content including, but not limited to, any claims, damages or loss of profits, direct or indirect, tangible or intangible, resulting from the use of the Content through the API.

Developers commits to have a transparent privacy policy informing their Users on how they collect, store, process, transfer and use any personal data including data published by JAMENDO Members. Developers also commits to adopt standards compliant with these Terms of Use and all data protection laws applicable to them.
Developers must not request access to more personal data than actually needed for the effective operation of the Application and must not retain these data for longer than is reasonably necessary. Developers must ensure that personal data is stored securely and safe from any unauthorized disclosure or loss.

3.2 - Writing Data

When the Application allows Users to create Content on the JAMENDO Platform, Developers must use all reasonable steps to ensure that this Content is created and uploaded in accordance with the JAMENDO’s Terms of Use (http://www.jamendo.com/en/termsandconditions).

All requests for authenticated access to Members’ accounts must be made via the “Jamendo Connect” Oauth2 process. The documentation for this process is available at: http://developer.jamendo.com/fr/v3.0/oauth2.
Developers commits to not publish Content or perform any action through the API on behalf of a Member unless it has been specifically and deliberately initiated by said Member through an authenticated use of the Application.
Developers also commits not to use the API to impersonate any JAMENDO’s Member, misrepresent the developers relationship with any JAMENDO’s Member, or in any other way that is contrary to these Terms of Use.

3.3 - Restrictions

The API may be used freely for non-commercial uses. For any other type of use including but not limited to commercial uses please contact our sales team at licensing@jamendo.com who will be able to provide you with a quote adapted to your project. A commercial use shall be understood as any use that is intended for or directed toward commercial advantage or any monetary compensation, including any revenue arising from affiliation programs or advertisement. JAMENDO reserves the right to charge for the use of the API or to insert ads in the API in the future.

JAMENDO reserves the right to impose restrictions and limitations on the number and frequency of requests or calls made to the API by the Developers. You commit to comply with these restrictions and limitations and not to try to circumvent them.
JAMENDO also reserves the right to monitor Your use of the API and to investigate Your Application for compliance with these Terms of Use. Developers hereby agree without any reserve to such monitoring and investigation.

Applications must not be specifically designed to cache the Content nor offering an offline access to the Content. Caching system may only be used to the extent reasonably necessary for the operation of the Application. Developers commits to ensure that their Applications reflects changes made to the Content as soon as reasonably possible.

The Developer must ensure that the Application does not replicate the overall experience of JAMENDO services and must ensure that the Application appearance is not confusingly similar to the design or look and feel of any part of the JAMENDO services.

3.4 - Warranties

The Developer commits, and commits to make any third party involved in the use of the API, including, but not limited to, developers and Application’s Users, to comply with all the obligations of this Terms of Use and all applicable laws.
The Developer also commits to hold JAMENDO and its Members harmless from and against any claim, costs, demands, expenses and liabilities which result from the use of the API or the Platform, the violation of the obligations of these Terms of Use or any applicable law by the Developer or one of the third parties involved in the development of the Application or the use of the API.
The Developer hereby represent and warrant that he has the right to make available and to distribute the Application to Users and that it will not violate or infringe the rights of any third party or any applicable law. The developer also represent and warrant that he has obtained and will maintain during the use of the API, all licenses, permissions and clearances required in order to develop, make available and distribute the Application and allow Users to use the Application.

The Developers must not use the API or any Content, including Members personal data, for any purpose that is fraudulent, illegal, libellous, defamatory, offensive, discriminatory or in any way that promotes, solicits or encourages the infringement of intellectual property rights, or otherwise brings JAMENDO into disrepute.

CLAUSE 4. ATTRIBUTION AND BRANDING

4.1 - Attribution and branding

The Developer commits to ensure that the Application credits the JAMENDO Members as the creators of the Content, credits JAMENDO as the provider of the Content and provide a direct backlink from each Content in the Application to the relevant Content’s page on the JAMENDO Platform.

JAMENDO may provide Developers with buttons, logos, and other resources which may be used notably to credit JAMENDO as required above. The Developers commits to use these resources as mentioned in the API documentation without making any modifications or changes to them.

4.2 - Promoting the Application

Developers must not use the JAMENDO’s marks or any similar mark, as the name of the Application, trademark, domain name, or as part of a logo or any other Application branding.
More generally, Developers must not use the word “jamendo” or any other element, including but not limited to, JAMENDO logos, design or colors, in a way that suggest that the Application originates from JAMENDO, is an official JAMENDO Application or is endorsed by JAMENDO in any way.

4.3 - Publicity

JAMENDO may choose from time to time to feature Your Application on its services.
The Developers hereby agree and authorize JAMENDO to use their name, company name, Application logo, name and/or trademark in order to promote the Application on JAMENDO services. The Developers further authorize JAMENDO to use these elements in any presentation, report, case study, marketing material and similar documentation.

CLAUSE 5. DISCLAIMER AND LIMITATION OF LIABILITY

5.1 - Disclaimer

The Platform, the API, the Content and any other element to which Developers have access to, are provided on an “as is” basis. JAMENDO makes no warranty of any kind, express or implied regarding any of these elements, including, without limitation, any warranty of non infringement, or any guarantee concerning their availability.

JAMENDO makes no warranty of any kind that the API will operate without interruption or error, nor that access to the API will be granted at all times. JAMENDO may temporarily suspend the operation of the API in order to implement improvements or perform maintenance and will use best endeavours to give the Developers advance notice of any suspension.

5.2 - Limitation of liability

JAMENDO may not be held liable for any loss or damage arising from:
- he Developer inability to use or access the API or the Content;
- any changes that JAMENDO may make to the API, to the Content or to the Platform or any temporary or permanent suspension or cessation of access to the API or the Platform;
- any removal of Content from the Platform by the Member, JAMENDO or any authorized third party, or any change made to the availability of such Content;
- any action taken against the Developer by a Member or a rightsholder with respect to your access to or use of any Content via the API;
- any error, inaccuracy or omission in the operation of the Platform or the API or in any Content;
- the Developer failure to provide JAMENDO with comprehensive and up-to-date information or the failure to keep the credentials confidential;
- any loss or damage, including but not limited to, loss of data, loss of profits and loss of opportunity, which is not a foreseeable consequence of JAMENDO breaching these Terms of Use.

CLAUSE 6. INTELLECTUAL PROPERTY

Apart from the intellectual property rights regarding the Content, JAMENDO is the sole holder of the intellectual property rights relating to the trademarks, patents, software, logos, graphics, photographs and animations contained on its services. They may not be reproduced without JAMENDO's express consent.

JAMENDO hereby grants the Developer a license to use them, strictly limited to accessing, downloading and use them, for private and personal purposes only, within the framework of the use of the API by the Developer and for such time as the Developer is registered for the API.

Any use of the “Jamendo” trademark or logo, alone or associated with other contents requires JAMENDO's express consent unless in the virtue of an obligation of this Terms of Use.

CLAUSE 7. TERMINATION

The Developer may terminate this agreement at anytime by sending a notice in writing to JAMENDO by email to api@jamendo.com confirming such termination. JAMENDO will consequently revoke the access to the API granted to the Developer.
JAMENDO may terminate this agreement at any time if:
- the Developer is in breach of the current Terms of Use or the JAMENDO Terms of Use (http://www.jamendo.com/en/termsandconditions);
- JAMENDO decides in its sole discretion to cease providing access to the API to all or some Developers;
- JAMENDO decides in its sole discretion that the Application does not provide sufficient added value to the JAMENDO Platform, its Members or is not in the best interest of JAMENDO or its Members;
- or in any other circumstances as determined by JAMENDO in its sole discretion.
On termination, all rights granted in these Terms of Use shall cease. The Developers shall immediately cease the use of the API and remove any Content and any reference to JAMENDO from the Application and any related media.

CLAUSE 8. TERMS OF USE MODIFICATION

JAMENDO may modify these Terms of Use at any time. Developers will be informed of the modification within the API documentation. You agree that your continued use of the API constitutes an acceptance of the modified Terms of Use.

CLAUSE 9. SEVERABILITY

In the event that one of the Clauses of these Terms of Use is held to be invalid, the parties hereby agree that the other Clauses shall remain valid and that the Terms of Use will remain in full force and effect.

CLAUSE 10. APPLICABLE LAW

These Terms of Use are governed by the laws of Luxembourg. Any dispute relating to their interpretation shall be referred to the Luxembourgish jurisdictions excluding any other competent jurisdiction.