The video suppliers and other advertisers who support and sponsor the APIs do so for promotional purposes. These video suppliers and advertisers all retain their legal rights in the underlying creations they have made and may revoke their use at any time.
IVA reserves the right to make changes to these Terms from time to time. When changes are made, IVA will make a new copy of the Terms available at www.internetvideoarchive.com. You understand and agree that if you continue to use the APIs after the date the Terms changed, IVA will treat your use as acceptance of the updated Terms. If a modification is unacceptable to you, you may terminate the agreement by ceasing use of the APIs.
1. API Access and License
A. IVA hereby grants you permission to use the APIs as set forth in this Term of Use, provided that; (i) your use of the APIs is solely for free promotional purposes; (ii) you do not charge or allow the charging of a fee for viewing of the content; (iii) your use of the API does not operate solely inside a `walled garden’ or behind a firewall except during testing and development; (iv) you agree not to remove, circumvent, disable or otherwise interfere with advertising features of the APIs; (v) you do not use the APIs to create an implied endorsement of any kind by IVA or any of the providers or owners of content contained in the APIs; (vi) you do not include the content in any site or implementation that supports or endorses illegal activities or contains pornographic or illegal content; (vii) you agree to abide by the service limitations, including limitations regarding maximum data requests as outlined by IVA.
B. In order to access the APIs, you must create your own account providing accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify IVA immediately of any breach of security or unauthorized use of your account and you may be liable for any losses to IVA, or its suppliers and advertisers due to such unauthorized use. IVA is not liable for your losses caused by any unauthorized use of your account.
C. IVA claims no ownership over your content, website or implementation.
D. You grant to IVA a nontransferable, nonexclusive license during the term of this agreement to use your company / implementation / application name, URL and logo to advertise that you are using the APIs.
E. IVA reserves the right to discontinue or modify any aspect of the APIs at any time without prior notice to you.
F. IVA reserves the sole right and discretion to determine whether your use of the APIs and content is in compliance with these Terms.
G. The APIs may from time to time contain links to third party websites and content not owned or controlled by IVA. IVA assumes no responsibility for the content, privacy policies, or practices of any third party websites and content. In addition, IVA does not censor or edit the websites and content of any third-party. You understand and acknowledge that when using the APIs, you may be exposed to content from a variety of sources, and that IVA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you hereby do waive any legal or equitable rights or remedies you have or may have against IVA with respect thereto, and agree to indemnify and hold IVA, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the APIs.
2. Intellectual Property Rights
The APIs and the content they contain were all created for promotional and informational use. Thumbnail images are specifically created for linking to video. Each image is an integral part of the reference databases which are designed to assist in the acquisition and selection of entertainment products. When taken together, each of these databases not only facilitates access to audiovisual information, but allow for the side by side comparison of entertainment products essential to choice in a competitive marketplace. The content and the databases are not meant to substitute for the work they depict, but rather to compliment and enhance the promotional information about the work they depict through the provision of ready access to equitable and competitive information that permits the viewer to make their own expedient judgments about the work. At the same time, they are not necessarily endorsed by the producer of the work they represent nor should they be considered to be indicative of the quality of that work in any way.
The content contained in the APIs is subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The composers, musicians, performers, videographers, producers and other creators maintain their underlying rights. Content contained in the APIs is provided to youAS IS for private promotional use and may not be publicly broadcast or displayed; licensed, sold or otherwise exploited for a fee paid by the viewer. IVA reserves all rights not expressly granted in and to the content. You agree not to remove notices, circumvent, disable or otherwise interfere with security features of the APIs.
The APIs are controlled and offered from facilities in the United States of America. IVA makes no representations that the content is appropriate or available for use in other locations. Those who access or use the APIs from other jurisdictions do so at their own volition and are responsible for compliance with local law.
3. Privacy Notification
4. Warranty Disclaimer and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IVA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APIS AND YOUR USE THEREOF. IVA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APIS CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE API SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APIS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APIS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APIS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APIS. IVA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APIS OR ANY HYPERLINKED WEBSITES FEATURED IN ANY ADVERTISING, AND IVA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN NO EVENT SHALL IVA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE APIS OR OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APIS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT IVA SHALL NOT BE LIABLE FOR THE CONTENT PROVIDED BY OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APIS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You hereby agree to indemnify, defend and hold IVA, its partners, officers, directors, agents, affiliates, licensors and their suppliers harmless from and against any claim or liability arising out of: (a) your use of the APIs in breach of the Terms of this agreement or applicable policies; (b) your API Implementation; (c) any use by users of your API Implementation; (d) any claim that your API Implementation violates any applicable law, including but not limited to any claim that your API Implementation infringes the rights of a third party. You will cooperate fully in the defense of any claim. IVA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that damages for improper use of the APIs may be irreparable; therefore, IVA is entitled to seek equitable relief, including but not limited to preliminary injunction and injunction, in addition to all other remedies.
6. Terminating this Agreement.
This agreement will continue to apply until terminated by either you or IVA as set out below. You may terminate your legal agreement with IVA by discontinuing your use of the APIs at any time, and removing the API code from your implementation. You do not need to inform IVA when you stop using the APIs. IVA may, at any time, terminate its legal agreement with you along with your access to APIs at its discretion without prior notice to you. When this legal agreement comes to an end, all those Terms that by their very nature are intended to continue indefinitely, will continue to apply.
7. General Legal Terms.
Notices. You agree that IVA may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the API web site.
No Waiver. You agree that if IVA does not exercise or enforce any legal right or remedy contained in the Terms (or that IVA has the benefit of under any applicable law), this will not be taken to be a formal waiver of IVA’s rights and that those rights or remedies will still be available to IVA. Any waiver of any provision of these Terms will be effective only if IVA expressly states in a signed writing that it is waiving a specified Term.
Severability. If any court of law that has jurisdiction rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
Third Party Beneficiaries. You acknowledge and agree that each member of the group of companies of which IVA is affiliated will be third party beneficiaries to the Terms and that such other companies will be entitled to directly enforce, and rely upon, any provision of the Terms that confers a benefit on (or rights in favor of) them. Other than this, no other person or company will be a third party beneficiary to the Terms.
Assignment. The Terms may be assigned by IVA and will inure to the benefit of IVA, its successors and assigns.
Governing Law and Jurisdiction; Injunctive Relief. The Terms, and your relationship with IVA under the Terms, will be governed by the laws of the State of New Jersey, USA, without regard to its conflict of laws provisions. You agree that all disputes herein shall be settled according to the rules of the American Arbitration Association. You and IVA agree to submit to the exclusive jurisdiction of the courts located in the County of Camden, New Jersey, USA, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that IVA will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Complete Agreement. The Terms constitute the whole legal agreement between you and IVA and govern your use of the API and Content, and completely replace and supersede any prior agreements between you and IVA, written or oral, in relation to the API and Content.