Please carefully read this agreement (the "agreement") before using Boletix's webservices, as it affects your legal rights and obligations. This Agreement governs the way that You are permitted to access Boletix Data (as defined below) via the API. By accessing the API, You agree to accept and abide by the terms set out in this Agreement in respect of Your access to and use of the Boletix Data.
The terms of this Agreement may be updated by Boletix from time to time by providing you with written notice containing the updated terms. Any such updated terms shall supersede and replace the terms of this Agreement. By continuing to use any Boletix Data, you will be deemed to have accepted the updated terms. If you do not agree to be bound by this agreement, do not use Boletix's webservices.
The terms in a nutshell
- Boletix grants You a limited terminable licence to copy and use the Boletix Data, subject to certain restrictions set out in this Agreement and any additional restrictions arising from changes to Boletix's Privacy Policy from time to time.
- Although You are granted this licence without charge, Boletix reserves the right to share in revenue generated from your use of Boletix Data in future on terms to be negotiated in good faith between Boletix and You.
- This Agreement covers only Your use of Boletix Data. You must not sub-license the Boletix Data to others.
- This Agreement does not entitle you to stream music or other content available on the Boletix Site.
- You must not transmit, export, transfer, divert, or send any Boletix Data to any country without obtaining any consents or authorisations required by law or regulation in such country.
- You must credit Boletix and include links to the Boletix site when You use the Boletix Data.
- You must comply with the Boletix Brand Guidelines that can be downloaded from http://www.boletix.live/resources/
1. Definitions
- "API" means the application programming interface that supports requests for web services made of it by computer programs
- "Data storage" means any database, spreadsheet, chart, physical document, server, network, or other means of storing information, whether created or distributed by You or otherwise.
- "Boletix Data" means any data, images, text, content or other information or materials made available to You by Boletix through the API.
- "Boletix Site" means Boletix's website and all related properties, the url of which is located at www.boletix.live
- "Term" shall mean the duration of this Agreement which shall start on the date that Boletix provides you with an API key pursuant to Clause 2.6 (evidenced by Boletix's server logs) and shall continue unless and until terminated in accordance with Clause 9.
- "User(s)" means a user of the Boletix Site.
2. Conditions of Use
2.1
Your access to and use of the API and the Boletix Data is subject to the terms of this Agreement, the Boletix Site Terms of Use as posted on the Boletix Site at http://www.boletix.live/pl/legal/terms and updated from time to time and the Boletix Privacy Policy as posted on the Boletix Site at http://www.boletix.live/pl/legal/privacy and updated from time to time, each of which is incorporated into this Agreement by reference. If Boletix has granted you permission to use the API and Boletix Data for commercial purposes in accordance with the Commercial Use Terms, such Commercial Use Terms shall also form part of this Agreement. For more information about how to apply to use the API and Boletix Data for commercial purposes, please contact us via email at partners [at] last [dot] fm.
2.2
You must be a registered User to have access to, retrieve and use the Boletix Data.
2.3
You may access, retrieve, store and use any Boletix Data in accordance with the laws relating to the storage and processing of data in the country in which You live, provided that if You live in a country outside the European Economic Area, You may only use and access and use Boletix data in that country if Users have expressly given their permission for You to do so when they registered as a User.
2.4
You must at all times in Your use of the Boletix Data: (i) comply with all local and international laws and regulations, including, all applicable intellectual property and data protection laws; and (ii) obtain all necessary licences and permissions.
2.5
You must not transmit, export, transfer, divert or send any Boletix Data to any country without obtaining any consents or authorisations required under law or regulation in such country.
2.6
You agree to only use Boletix's web services as documented on the following pages: http://www.audioscrobbler.net/data/webservices/; http://www.boletix.live/api/. Boletix will provide You with an API key from time to time to access and use the API. You may only use APIs in conjunction with the most recent user authentication key provided to You by Boletix. You must not gather any other data from Boletix in any other way.
2.7
You agree to use one of the buttons saying "powered by AudioScrobbler" from the page located at http://www.boletix.live/resources, such button linking back to Boletix. All links to Boletix from pages with profile information for a Boletix User account should link to the appropriate Boletix User page (example: http://www.boletix.live/user/<username>). All links to Boletix from pages displaying information on an artist, album or track should link to the appropriate catalogue page on Boletix. For example: http://www.boletix.live/music/<artistname>, http://www.boletix.live/music/<artistname>/<albumname>, http://www.boletix.live/music/<artistname>/_/<trackname>.
All button/link placements are subject to approval by Boletix and Boletix can suggest the use of a button/link of its choice for You to use if Boletix deems necessary. You agree to only give public access to pages using Boletix's web services that have been previously approved by Boletix in writing.
2.8
You agree to implement and comply with standards of privacy and confidentiality for the use and sharing of any Boletix Data or any product thereof that are, as a minimum, as stringent as the standards set out in the Boletix Privacy Policy as amended and updated by Boletix from time to time.
2.9
Boletix may use technical measures to track Your use of the Boletix Data for the purpose of ensuring compliance with this Agreement.
3. Use of the API and Boletix Data
3.1
You are permitted to use the Boletix Data solely for non-commercial purposes and for no other purpose and subject always to any limitations or conditions as advised to You by Boletix at any time. If you are unsure whether your use of the Boletix Data constitutes non-commercial or commercial use, you should contact us.
3.2
The permission granted to You at Clause 3.1 is strictly conditional upon Your using the Boletix Data for non-commercial purposes, as set out above. If at any time you wish to use the Boletix Data for commercial purposes, you must apply for a commercial use agreement. Any use by You of the Boletix Data for commercial purposes without obtaining a commercial use agreement constitutes a material breach of this Agreement which shall entitle Boletix to terminate your use of the Boletix Data immediately. Any such termination shall be without prejudice to any rights and remedies of Boletix, including the right to claim for damages against You.
4. License to use the Boletix Data
4.1
Subject to the restrictions set out at Clauses 4.2 and 4.3 below and in consideration of the licence granted to You below, Boletix grants to You a worldwide, royalty-free, non-exclusive licence for the duration of copyright and any other rights in the Boletix Data to: (i) copy the Boletix Data; (ii) edit, modify, adapt or translate the Boletix Data in any media to create a derivative work (a "Derivative Work"); (iii) incorporate the Boletix Data in its entirety in unmodified form along with a number of other separate and independent works, assembled into a collective whole (a "Collective Work"); and (iv) publish, distribute or otherwise communicate the Boletix Data or the Boletix Data as incorporated in any Derivative Work or Collective Work to the public in any material form in any media now known.
4.2
The licence granted at Clause 4.1 above is conditional upon You:
4.2.1
Making reference to the licence granted by Boletix (appropriate to the media used) on all copies of the Boletix Data, Derivative Works and/or Collective Works published, distributed or otherwise communicated or made available to the public by You;
4.2.2
Crediting Boletix in the form set out in Clause 2.7 where You have used Boletix Data or created a Derivative Work and/or Collective Work that You publish, distribute or otherwise communicate to the public;4.2.3
complying with any and all restrictions notified to You by Boletix in relation to the treatment of any personal data (and for the purposes of this Clause 4.2.3, any changes to Boletix's Privacy Policy shall automatically constitute notice); and4.2.4
to the extent reasonably practicable, keeping intact all notices that refer to the licence granted to You, if any, that Boletix specifies to be associated with the Boletix Data, Derivative Works and/or Collective Works.4.3
The licence granted to You at Clause 4.1 is subject to the following restrictions:4.3.1
You must not impose any terms on the use to be made of the Boletix Data, a Derivative Work or a Collective Work that alters or restricts the terms of the licence granted to You under this Agreement or which has the effect or intent of restricting the ability to exercise those rights;4.3.2
You must not impose or apply any digital rights management technology to or on the Boletix Data or the Boletix Data as incorporated in a Derivative Work or Collective Work that alters or restricts the terms of the licence or any rights granted under it, or has the effect or intent of restricting the ability to exercise those rights;4.3.3
You must not sub-license the Boletix Data to a third party; and4.3.4
You must not subject the Boletix Data to any derogatory treatment, including (but not limited to) distortion or mutilation of the Boletix Data or treatment that is prejudicial (in Boletix's opinion) to the reputation of Boletix. For the avoidance of doubt, the licence granted to You is temporary and restricted to a small portion of Boletix Data available via the API, not to exceed the Reasonable Usage Cap in total at any time. Any use, storage, publication, distribution, communication, making available or otherwise of Boletix Data in excess of the Reasonable Usage Cap is strictly prohibited. The "Reasonable Usage Cap" is a maximum of 100 MB, as may be updated by Boletix from time to time. If you would like a larger portion of Boletix Data, prior written consent from Boletix is required - please contact us via email at partners [at] last [dot] fm. You will implement suitable caching in accordance with the HTTP headers sent with web service responses.4.4
Rate Limit: Boletix sets and enforces limits on use of the API to prevent abuse and ensure reliability of service (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations. If you would like to use the API beyond these limits, you must obtain Boletix’s express consent (and Boletix may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, please contact us via email at partners [at] last [dot] fm.
4.5
Notwithstanding the licence at clause 4.1, all rights in and to the Boletix Data (including all copyright and database rights) remain vested in Boletix.
4.6
Boletix may, from time to time, prevent certain Boletix Data from being available via the API.
4.7
Boletix respects copyright. You shall not under any circumstances use the Boletix Data for the purpose of, or in conjunction with, the unauthorised exploitation of intellectual property or for any other purpose which encourages, supports or is in any way associated with unauthorised exploitation.
5. Warranties and Indemnity
5.1
You warrant and represent to Boletix that:
5.1.1
You have the authority to enter into this Agreement on Your own behalf or on behalf of any company or other legal entity by which You are employed and that wishes to use the Boletix Data;5.1.2
You will comply with all local and international laws and regulations, including, all applicable intellectual property and data protection laws in connection with Your use and storage of the Boletix Data;5.1.3
You will obtain and maintain any and all necessary licences and permissions in connection with Your use of the Boletix Data;5.1.4
Your use of the Boletix Data will not violate or infringe the rights of any third party, including intellectual property rights or rights of privacy;5.1.5
You will not use the Boletix Data for any purpose that is fraudulent, misleading or illegal or otherwise than is permitted by this Agreement;5.1.6
You will not use the Boletix Data for any purpose to enable You to personally identify or contact any User;5.1.7
You will not use the Boletix Data in any way that is libellous or defamatory of third parties, or is obscene, malicious or discriminatory in any way, including but not limited to race, disability, sex, sexual orientation or religion;5.1.8
You will not use the Boletix Data in any way or on any website that is associated or promotes, encourages, facilitates or condones the illegal or unauthorised use or sharing of content. You will not use any audio, audiovisual, images and/or artwork, whether or not accessible through the API, and all such content is expressly excluded from this Agreement;5.1.9
You will not interfere or attempt to interfere with the operation or running of the Boletix Site with any virus, worm, Trojan horse, adware, spyware or any other form of malicious code or software; and5.1.10
You will at all times comply with the terms of this Agreement and any other terms or policies referenced in this Agreement or on the Boletix Site.5.2
You will not bring any claim against Boletix, or any of its licensees, assigns or successors, for damages, liabilities, causes of action, judgments, or claims in respect of Your access, retrieval and/or use of the Boletix Data or any intellectual property You develop that is based on may otherwise arise out of Your use of, reliance on, or reference to the Boletix Site or Boletix Data.
5.3
You will indemnify, and keep Boletix, its affiliates, licensees, assigns, successors, customers, Users, all third-party advertisers, technology providers and service providers, and each of their respective employees, directors and representatives (each an "Indemnified Party"), fully and effectively indemnified from and against any and all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all reasonable professional costs and expenses), suffered or incurred by an Indemnified Party arising out of or in connection with any claims, actions or proceedings ("Claims") which arise out of or are related to: (i) Your access, retrieval and use of the Boletix Data; (ii) any breach of the warranties contained in Clause 5; and (iii) Your violation of any term or condition of this Agreement (including the Boletix Site Terms of Use and Boletix Privacy Policy attached). At Boletix's option, You will assume control of the defence of any Claim and all related settlement negotiations, except that Boletix shall be entitled to take any action which Boletix (acting reasonably) deems necessary where You have failed to take action or materially delay taking action in defending or settling a Claim and such failure or delay may, in the opinion of Boletix, prejudice the interests of Boletix. In any event, You may not settle any Claim without Boletix's prior written consent.
6. Limitation of Liability
6.1
Nothing in this agreement shall limit Boletix's liability for death or personal injury caused by the negligence of Boletix or its officers, employees or agents or for fraudulent misrepresentations or fraud, or any other liability that cannot be limited or excluded by applicable law.
6.2
Boletix gives no warranties of any kind, whether express, implied, statutory or otherwise, to the fullest extent permitted by law, including warranties of satisfactory quality, fitness for purpose and non infringement in relation to the Boletix site or the Boletix data.
6.3
To the extent permitted by applicable law, you acknowledge and agree that you use the Boletix site and the Boletix data at your own risk. the Boletix data and the Boletix site is made available on an "as is" basis and Boletix shall not be liable for the unavailability of the Boletix data or the Boletix site or any fault, defect or error in the Boletix data.
6.4
To the extent permitted by applicable law, Boletix shall not be liable to you for any losses of any kind arising under or in relation to your use of the Boletix site or Boletix data, including but not limited to (i) any loss of profits, business, contracts, anticipated savings, goodwill, or revenue; or (ii) any loss or corruption of data; or (iii) consequential loss or damage whatsoever, whether or not such losses or damages arise directly or indirectly and even if either party was aware of the possibility of such loss or damage.
7. Licence to use Boletix trade marks
7.1
Subject to the prior written approval of Boletix in each case, Boletix may make available to You certain trade marks, logos or graphics ("Marks") for use in conjunction with Your use of the Boletix Data. You must comply with the Boletix Brand Guidelines that can be downloaded from http://www.boletix.live/resources/. Your use of the Marks in accordance with in accordance with this Agreement is conditional upon You not using any of the Marks: (i) to represent that Boletix endorses, sponsors or is connected to Your use of the Boletix Data, other than to inform third parties that the Boletix Data originated from Boletix; or (ii) in any way that is derogatory to or critical of Boletix or any officer, director, agent, employee, affiliate, parent or subsidiary of Boletix.
7.2
Boletix is the worldwide owner of the Marks (whether registered or unregistered) and retains all right, title and interest in and to the Marks. Any and all goodwill arising from Your use of the Marks shall accrue to Boletix. You will not copy or use the Marks in any way not authorised by Boletix in writing or this Agreement. You will abide by any and all conditions set out by Boletix in connection with Your use of the Marks and must not challenge the validity of the Marks or attempt to register similar or trade marks, service marks or logos.
7.3
Boletix reserves the right to withdraw its consent for You to use the Marks at any time. Upon withdrawal of consent, You shall immediately discontinue Your use of the Marks.
8. Publicity
8.1
Boletix may, at any time in its sole discretion, prepare and issue press releases, statements, and promotional and other materials mentioning and/or describing Your use of the Boletix Data and identifying You as the developer and otherwise describing the relationship between You and Boletix.
8.2
You are not permitted to issue any publicity in connection with Your use of the Boletix Data without the prior written consent of Boletix.
9. Term and Termination
9.1
This Agreement shall continue on an ongoing basis during the Term, subject to any earlier termination pursuant to clause 9.2.
9.2
You may terminate this Agreement at any time by sending an email to partners [at] last [dot] fm which shall be deemed to have been given on the date that the email is read by Boletix (evidenced by a read receipt automatically sent to You). You acknowledge and agree that Boletix may at any time in its sole discretion, without liability and with or without cause terminate this Agreement and/or terminate, restrict, block, disable or suspend Your access to the Boletix Site or the Boletix Data or any portion or feature of any of them.
9.3
Upon any termination of this Agreement, You must immediately discontinue Your use of the Boletix API and as soon as reasonably possible delete all Boletix Data in Your possession or control. Clauses 2.3, 2.4, 2.5, 2.6, 4.2.2, 5, 6, 7, 8 and 10 and any definitions that are necessary to give effect to such Clauses will survive any termination of Your use of the Boletix Site or Boletix Data and will continue to bind You and Boletix in accordance with this Agreement.
10. General
10.1
Boletix reserves its right to amend this Agreement or any other document referenced in this Agreement at any time in its sole discretion by sending a new or amended version of this Agreement to You by email and by posting new or updated Boletix Site Terms of Use and/or the Privacy Policy on the Boletix Site.
10.2
Nothing in this Agreement shall be construed as constituting a partnership, joint venture or relationship of employer and employee between the parties.
10.3
This Agreement (and any other document incorporated into this Agreement by reference) sets out the entire agreement and understanding between You and Boletix and supersedes all previous agreements, representations and arrangements between You and Boletix (either oral or written). Nothing in this Clause shall limit or exclude any liability for fraudulent misrepresentation.
10.4
This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns.
10.5
Each of Boletix's affiliates are express and intended third party beneficiaries of this Agreement and may enforce any of its terms and exercise any of the rights to the same extent as Boletix.
10.6
Third party advertisers, technology providers and service providers are express and intended third-party beneficiaries of Clause 4.3 and are entitled to directly enforce their rights hereunder.
10.7
This Agreement shall be governed by the laws of England and the parties agree to submit to the exclusive jurisdiction of the Courts of England.
10.8
Except as set out at Clauses 10.6 and 10.7 above, nothing in this Agreement is intended to confer on any third party (whether referred to in this Agreement by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provision of this Agreement.
THIS AGREEMENT SETS OUT THE CONDITIONS OF Boletix GIVING YOU ACCESS TO Boletix DATA ONLY. IF YOU ARE UNSURE ABOUT ANY PART OF THIS AGREEMENT, Boletix RECOMMENDS THAT YOU OBTAIN INDEPENDENT LEGAL ADVICE.