1. License and Limitations:
a. Subject to the terms of this Agreement, ooVoo hereby grants you a limited, personal,
non-exclusive, non-sublicensable and non-transferable license to use the API.
b. You may not assign, sublicense, sell, transfer, rent, lease or otherwise distribute
the API (including, without limitation, offering the API to third parties on an
application service provider or time-sharing basis). You may not use or exploit
any portion of the API to provide any commercial services to third parties, without
ooVoo's prior consent.
c. You may not modify, adapt, translate, disassemble, reverse-engineer or decompile
based upon the API or any part thereof. You may not disable any functionality which
limits the use of the API. You may not separate any parts of the API for use on
more than one computer.
2. ooVoo Brand and Copyright:
a. All code samples must contain the ooVoo copyright notice which is included in
the code header.
b. The ooVoo name may not be used to endorse or promote your products or applications
without the express written consent of ooVoo.The ooVoo logo may not be covered up
or "layered over".
c. You must not remove or modify any copyright or trademark notice, or other notice
of ownership without the express written consent of ooVoo.
3. Acceptable Use:
a. You may not create spyware, adware, malicious programs, hate materials, items
subject to US embargo, items encouraging terrorism or violence, or any other item
deemed unacceptable to ooVoo.
b. You may not represent that the use of ooVoo meets any industry or governmental
standards without the express written consent of ooVoo. This includes, without limitation,
applications that run mission critical services (like security cameras, life support,
surgery, or anything else that can create external liability if the system goes
down).
c. You represent and warrant that you have proper authorization and distribution
rights for the worldwide transfer of any content, video, information, user content
or other materials that you created, provided or used in connection with the APIs.
d. You may not use the APIs in a manner that exceeds reasonable request volume,
constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent
with any part of the API documentation located within
www.oovoo.com, as determined by ooVoo
4. User Data:
a. You will not:
i) request, collect, solicit or otherwise obtain access to usernames, passwords
or other authentication credentials from any ooVoo users, or to proxy authentication
credentials for any ooVoo users for the purposes of automating logins to the ooVoo
Site; or
ii) collect or store any personally identifiable information from any ooVoo user
without their express consent and the express written consent of ooVoo.
b. You must publish on your website and follow an industry-standard Terms and Conditions
and Privacy Policy.
c. If we allow you to authenticate ooVoo users, then you must use technical, administrative
and physical safeguards to maintain all user information in a secure manner.
You are solely responsible for obtaining clear, express consent from the
user that grants you permission to access such user's ooVoo account using the ooVoo
authenticate API, including if applicable, retrieving user-specific information,
or writing information to such user's account. You will strictly comply with the
scope of consent the user granted you when accessing such user's ooVoo account.
5. Security Standards:
a. Industry Standards. Your networks, operating system and software
including but not limited to web server(s), routers, databases, and computer systems
(collectively, the "System") must be properly configured to Internet
industry standards, as required to operate your application securely. By way of
example only and not by limitation, you may not use a server that operates as open
proxy, and you may not select a server operated by a vendor with substandard security
practices.
b. Reporting of Security Breach. You must promptly report to ooVoo
in writing via email to developer@oovoo.com
any security deficiencies in or intrusions to your Systems that you discover. You
will work with ooVoo to correct immediately any security deficiency, and you will
disconnect immediately any intrusions or intruder. In the event of any such security
deficiency or intrusion, you will make no public statements (i.e. press, blogs,
bulletin boards, etc.) without prior written permission from ooVoo. You agree to
indemnify, defend and hold harmless ooVoo and its affiliates from and against any
and all damages and liabilities whatsoever (including attorneys' fees) arising out
of any such security deficiencies or intrusions.
c. Security Reviews. ooVoo has the right, at its own expense, to
review, or to have an independent third party inspect and review your compliance
with these API Terms. You will (at your own expense) correct any security flaws
detected by such review within fifteen (15) business days.
d. Reverse Engineering. You may not reverse engineer any of ooVoo's
client or server software nor copy or duplicate any of its API offerings either
in functionality or format and structure.
6. Developer Registration and API Keys:
a. You agree to:
i) provide accurate, current, and complete information about you;
ii) maintain the security of your password and identification;
iii) maintain and promptly update the registration data, and any other information
you provide to ooVoo, and keep all such information accurate, current and complete
(collectively, "Registration Data");
iv) be reasonably available for security questions or other concerns and include
in your Registration Data valid email and phone numbers; and
v) evaluate and bear all risks associated with your use of the APIs and/or any Content
or Services (as defined in the Website Terms and Conditions), including, without
limitation, any reliance on the accuracy, completeness or usefulness of the Content
or Services and the risks of unauthorized access.
b. You consent and authorize ooVoo and/or its affiliates to verify your Registration
Data.
c. You must execute a verified registration to get your ooVoo key. Only one application
may be built per API key. You may not use multiple accounts to avoid API rate limits.
7. Ownership and Relationship of Parties:
The 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.
ooVoo's rights apply to the APIs and all output and executables of the APIs, excluding
any software components developed by you which do not themselves incorporate the
APIs or any output or executables of the 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 API Terms. ooVoo owns all right, title, and interest
in and to the APIs. These API Terms grant you no right, title, or interest in any
intellectual property owned or licensed by ooVoo, including (but not limited to)
the APIs and ooVoo trademarks.
8. Support:
You will be solely responsible for all customer support for users of any applications
or plug-in that you build or develop.
9. Fees and Payments:
a. ooVoo reserves the right to charge or change fees for use of or access to the
APIs or any Services. Any changes in fee structures will be disclosed to you at
the contact email provided five (5) business days prior to any changes in this fee
structure goes into effect.
b. API Fees: ooVoo will limit API access to 50 API calls per hour.
If you would like additional API access, a "Commercial Partnership" may be required
in lieu of these API Terms. Please contact our business development team at
buzdev@oovoo.com.
c. Data Fees: ooVoo will limit free API applications to 5 minutes
or 5 MB of data transfer per hour. If you would like additional API access, a "Commercial
Partnership" may be required in lieu of these API Terms. Please contact our business
development team at
buzdev@oovoo.com.
d. Advertising: ooVoo may display advertising in or around (before,
after, next to) its video streams, conference rooms and other API objects including
impression based advertising, paid links, streaming video ads (the "Advertising
Inventory"). ooVoo will pay 30% of any Net Revenues (as defined below)
displayed on your application to you. ooVoo will make payment to you approximately
45 days after the end of any calendar month in which such Net Revenue is collected,
except that if the Net Revenue owed is less than $100, ooVoo may defer payment until
45 days following the month, if any, in which the aggregate amount owed is $100
or greater. ooVoo retains the right to adjust payment to account for click-fraud.
Prior to making payment to you, you must comply with ooVoo's administrative requirements,
including, without limitation, providing ooVoo with your legal name, legal address
and a completed W-9 with taxpayer identification number for US companies or a completed
W-8 for non-US companies. "Net Revenue" is defined as revenue received
from the sale of advertising inventory to third parties less (a. any agency fees,
commissions or third-party ad serving or reporting costs directly related to the
sale or delivery of the advertising or any other out-of-pocket expenses directly
attributable to the generation of the advertising or sponsorship revenue.
10. Service Levels:
You agree that the any applications you build will not adversely affect the performance
of the ooVoo client, the ooVoo network, or in any way degrade ooVoo.
11. Publicity:
You may publicize the availability of the ooVoo application on your web sites and
through press releases, media interviews and other public statements (collectively,
"Public Statements"), provided that any Public Statements will
be provided to ooVoo for its prior approval which shall not be unreasonably withheld.
ooVoo may include your name and logo in marketing materials featuring the Powered
by ooVoo Platform.
12. Disclaimer of Any Warranty:
THE USE OF THE API IS SOLELY AT YOUR OWN RISK. THE API IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, OOVOO specifically disclaimS and excludeS ANY
AND ALL warranties WITH RESPECT TO THE API, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OOVOO EXPRESSLY DISCLAIMS ANY RESPONSIBILITY
FOR THE ACTIONS OF ANY OTHER USER WHO USES THE API. OOVOO MAKES NO WARRANTY THAT
THE API WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT,
ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE
OF THE API WILL BE ACCURATE OR RELIABLE. The entire risk arising out of the use
or performance of the API remains with You, to the maximum extent permitted by law.
Some jurisdictions do not allow the exclusions or limitations set forth above. Therefore,
these exclusions or limitations may not apply to you.
13. Limitation of Liability:
IN NO EVENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR ANY OTHER FORM OF LIABILITY, WILL OOVOO OR ITS LICENSORS BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS
OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES ARISING OUT OF THE USE OR
INABILITY TO USE THE API, EVEN IF OOVOO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH
THE API IS TO CEASE USE OF THE API.
14. Release and Waiver; Indemnification:
You acknowledge and agree that your use of the API will be at your own risk and
that ooVoo has no responsibility with respect to your use of the API. You hereby
release and covenant and agree not to hold liable and furthermore shall indemnify,
hold harmless and defend ooVoo and its affiliates, and any of their licensors, licensees,
assigns or successors, for any and all damages, liabilities, causes of action, judgments
or claims (including reasonable attorneys' fees): (a. pertaining to any application
or intellectual property you develop that is based on, uses, or relates to the API;
and (b. which otherwise may arise in connection with your use of, reliance on, or
reference to the API.
15. Termination:
ooVoo can terminate these API Terms at any time for any reason with or without notice
to you. In such event you shall immediately cease to use the API.
16. Modifications:
ooVoo reserves the right to release subsequent versions of the API and to require
you to obtain and use the most recent version. ooVoo may modify the API Terms at
any time with or without notice, and you can review the most current version of
the API Terms online at any time at www.ooovoo.com/Developer/Terms Of Use.
If a modification is unacceptable to you, you may cancel the service by removing
the API code from your site or application. If you continue to use the API, you
will be deemed to have accepted the modifications.
17. General Terms:
a. Relationship of the Parties. Notwithstanding any provision hereof,
for all purposes of the API Terms, you and ooVoo 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 ooVoo, express or implied, and you shall not bind ooVoo to any contract.
b. Invalidity of Specific Terms. If any provision of these API
Terms 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.
c. Location of Lawsuit and Choice of Law. The API Terms and the
relationship between you and ooVoo shall be governed by the laws of the State of
New York without regard to its conflict of law provisions.
d. Other Documents. Your use of the API and the website is also
subject to the Website Terms and Conditions, the Privacy Policy and the End User
License Agreement. In the event of a conflict among the documents, these API Terms
shall govern to the extent of such conflict.
