API

Evently Developer API Terms Of Use

Last Updated: May 2012

Thank you for using the Evently application programming interfaces and associated publisher tools and documentation (the 'Evently APIs'). This document governs the terms under which you may access and use the Evently APIs and the content feed transmitted through the API (the ‘Content’). This document incorporates the terms of the following additional documents, including all future amendments or modifications thereto (collectively, and together with this document, the ‘API Agreement’):

By accessing or using the Evently APIs to receive the Content you are agreeing to be bound by the API Agreement. If you access or use the Evently APIs or Content on behalf of a company, principal or entity, you represent that you have authority to bind such entity and its affiliate to the API agreement and that it is fully binding upon them. In such case, the term “ you” will refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with the terms of the API Agreement, you may not access or use the Evently APIs or Content. You should read and keep a copy of each component of the API Agreement for your records. In the event of a conflict among them, the terms of this document will control.

This Evently reserves the right to update and change the API Agreement and all documents incorporated by reference from time to time without notice. Any new features that augment or enhance the Evently APIs, including the release of new tools and resources, shall be subject to the API Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. You can always find the most recent version of the API Terms of Use at any time here. If you do not wish to be bound to any new terms, you must terminate the API Agreement by immediately ceasing use of the Evently APIs.

General Licence Conditions and Restrictions

Purpose
1. The Evently APIs is made available by Evently (‘Evently’) to enable others to access events information and present it to their end users on their website and/ or applications. With this is mind, Evently reserves the right to continually review and evaluate all uses of the Evently APIs.
Licence
1. Subject to the terms set forth in the API Agreement, Evently grants you a limited, non- exclusive, revocable, non-transferable, non-sublicenseable license to:
2. The API Agreement defines legal use of the Evently APIs, all updates, revisions, substitutions, and any copies of the Evently APIs made by you. You shall not use or access the Evently APIs or the Content in any way not expressly permitted or granted under the API Agreement. All rights not expressly granted to you are reserved by Evently. Your license to the Evently APIs under the API Agreement continues until it is terminated by either party.
Access/API Key
1. In order to access or use the Evently APIs, you must first register for and receive a valid API security key and related password, if necessary (the ‘Developer ID’) that will permit you to access the Content. You are only allowed to apply for and use one Developer ID, unless otherwise permitted by Evently in writing. You can apply for an API Authentication Key here.
2. The Developer ID is the property of Evently and may be immediately revoked or terminated by Evently if you share the same with any third party, if compromised by a third party or if you use or access the API, Content in any way not expressly permitted under the API Agreement.
Distribution
1. The Content may be distributed and displayed only with your Application submitted with your API security key request. To receive Content for another Application you must apply for a new API key.
2. Your Application may not be designed or implemented in a way that might mislead a user into believing he or she is interacting directly with the Evently Site or the Evently APIs when interacting with any of your Applications, or that any of your Application were created by or are endorsed by Evently, as determined by Evently in its sole discretion. You have no right to distribute or allow access to the stand-along Evently APIs.
3. If you are directly collecting any personally identifiable information from any user, it must be clear that the information is being collected directly by you, and not by Evently, and you must clearly post a link to your privacy policy at the point such information is collected. Such privacy policy must be at least as stringent and user-favourable as the Evently Privacy Policy and you must fully comply with such policy in the collection, use and storage of such personal information.
Rate Limits
1. You understand that there is a rate limit and a restriction to the data fields displayed per utilising the Evently APIs and you agree that you shall comply with that rate limit and restriction to the data fields at all times. The rate limits and restrictions are described in Appendix A below. These rate limits and restrictions are subject to change from time to time at Evently’s sole discretion, effective immediately upon posting. You understand and agree that programmatic methods intended to subvert rate limiting (including maintaining a cache of the data) are considered a violation of the API Agreement.
Security and Stability
1. You acknowledge that it is in the best interest of both parties that Evently maintain a secure and stable environment. To that end, Evently reserves the right to change the method of access to the Evently APIs and/or the Content at any time. You agree to give us all necessary assistance for the operation of your Application in compliance with these Terms of Use and any applicable law.
2. You also agree that, in the event of degradation or instability of Evently’s system or an emergency, Evently may, in its sole discretion, temporarily suspend your access to the Evently APIs and Content under this API Agreement. .
3. You continued access to the Evently APIs and Content is subject to your compliance with the following security standards:
  (a) Safeguards: You agree to maintain reasonable safeguards to protect the security of all information provided to you by Evently and to use such information only as intended under the API Agreement;
  (b) Industry Standards: Your network, operating system and software of web server(s), routers, databases, and computer systems (collectively ‘Systems’) must be properly configured to Internet industry standards, as required to securely operate your Application. If you do not completely control any aspect of the Systems, you will use all control or influence that you have over the Systems and/ or selection of components thereof and you will not architect or select the Systems or component thereof in a manner to avoid the foregoing obligation.
  (c) Virus Precautions: All materials, including your Application and other software and documents, that you provide to Evently, must be checked with Internet industry standard up-to-date antivirus and anti-worm software, and determined to be virus-free and worm-free. You represent and warrant that any software, data or other content provided by you to Evently will not contain harmful scripts or code.
  (d) Reporting: You agree to immediately notify Evently in writing via email to [ ] upon your discovery of a breach of security of your facility, systems or Application where Evently or data relating to any use of the Evently API Materials has been acquired by an unauthorised person. You will work with Evently to immediately correct any security deficiency, and will discontent immediately any intrusion or intruder.
  (e) Contact and Cooperation: You (or the name of the contact you gave to Evently when you applied for you application key ) must be reachable at all times for security questions or concerns. You can change your name or contact by signing up for a new application key. [ URL ]
  (f) Control Access to Systems: To the extent you have control or influence over the System, you will log (in a time and date-stamped fashion) all instances of access to the Systems. You will encrypt the password and username files for the Systems that store or process any Evently user data. Passwords must be unique and changed often. You will minimise access to and use of the passwords. Wherever possible, commands which require additional privileges should be surely logged (with time and date) to enable a complete audit trail of activities. When an individual terminates his or her employment with you, his or her password and access password facilities must be terminate immediately.
  (g) Security Reviews: You agree that Evently will have the right, at its own expense, to review and/or may monitor your use of the Evently APIs, the Content and your Application in order to confirm compliance with the API Agreement.
Restrictions
1. You agree that you will not, and will not assist or enable others to:
Term and Termination
1. You may terminate the license by discontinuing use of all or any of the Evently APIs. Evently reserves the right, in its sole discretion and at any time without notice to you, to change, suspend or discontinue the Evently APIs and/ or suspend or terminate your rights under the API Agreement to access, use and/or display the Evently API and Content (as applicable), for any reason or not reason at all.
2. The license terminates automatically if (i) you violate any terms of the API Agreement; (ii) Evently publicly posts a written notice of termination o fEvently’s Website and SaaS Platform; (iii) Evently sends a written notice of termination to you, or (iv) Evently ceases providing access to the Evently APIs to you.
3. Any termination of the API Agreement will also immediately terminate the license(s) granted to you hereunder. Such change, suspension or termination of the API may cause your existing Application using the API to stop functioning properly.

Ownership and Relationship of Parties

Proprietary Rights
1. As between you and Evently, the Evently API, Content, related Publisher Tools and the Evently website, (collectively, ‘Evently API Materials’) and all intellectual property rights and interests contained in the foregoing, are and will at all times remain the sole and exclusive property of Evently and are protected by applicable intellectual property laws and treaties (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
2. Except for the express license granted under these Terms of Use, Evently does not grant you any right, title or interest in any intellectual property owned or licensed by Evently, including (but not limited to) the Evently Materials.
3. You agree that at no time during or after the termination of the API Agreement will you attempt to register any trademark (including domain names) that are confusingly similar in any way to those of Evently.
4. You agree that Evently may use your company, organisation, or product name and/or logo in presentations, marketing material, customer lists, financial reports, website listings of publisher partners, research and marketing case studies and other marketing-related activities.
Exclusivity
1. You acknowledge and agree that these Terms of Use and the license granted herein do not create an exclusive relationship between you and Evently. Evently may, or may engage or permit others to, develop applications that are the same or similar to your Application for any purpose, including without limitation any commercial purpose.
2. You may access and use third party application programming interfaces and receive event content for use on your Application from sources other than the Evently APIs throughout the duration of the API Agreement between you and Evently.
Support
1. Evently may elect to provide you with support or modifications for the Evently APIs, in its sole discretion, and may terminate such support at any time without notice to you. Evently may change, suspend, or discontinue any aspect of the Evently APIs at any time, including the availability of any Evently APIs. Evently may also impose limits on certain features and services or restrict your access to parts or all of the Evently API Materials without notice or liability.
Fees and Payment
1. Evently reserves the right to charge fees for future use or access to the Evently API Materials in Evently sole discretion. If Evently decides to charge for the Evently API Materials, such charges will be disclosed to you prior. You do not have any obligation to continue to use such Evently API Materials if Evently decides to charge for the Evently API Materials.
Disclaimer of Any Warranty
1. Some of the Evently API Materials are experimental and have not been fully tested. Evently does not represent or warrant that any Evently API Materials are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid.
2. The Evently API Materials are provided ‘as is’, ‘withall faults’ and ‘as available’ without warranty, express or implied, of any kind and at your sole risk. Except to the maximum extent required by application law, Evently expressly disclaims any and all warranties, representations, conditions and duties, whether express, implied or statutory regarding Evently API Materials, including, but not limited to, any implied warranty of merchantability, accuracy, results of use, reliability, fitness for a particular purpose, availability, security, title and/or non-infringement.
3. Further, Evently disclaims any warranty that your use of the Evently API Materials will be uninterrupted, secure, timely or error free. Evently may conduct maintenance of any of the foregoing at any time with or without notice to you.
4. Your use of the Evently APIs is at your own discretion and risk. You will be solely responsible for any damage that results from the use of any Evently APIs including, but not limited to, any damage to your computer system or loss of data.
Limitation of Liability
1. You acknowledge that you have not entered into the agreement in reliance upon any warranty or representation except those specifically set forth herein.
2. Evently 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 Evently API Materials, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Evently has been advised of the possibility of such damages. In the event that the above is not enforceable, Bulsleyehub’s aggregate liability under this agreement is limited to £100.
Exclusions and Limitations
1. The foregoing disclaimers or warranties and limitations of liability shall apply to the maximum extent permitted under applicable law.
Release and Waiver
1. To the maximum extent permitted by applicable law, you hereby release and waive all claims against Evently, and its employees, agents, officers, consultants, subsidiaries, affiliates, licensors , co-branders or other partners from any and all liability for claims, costs, losses, damages (actual and/or consequential), liabilities, suits, judgments and expenses (including reasonable legal fees) of every kind and nature, arising from or in any way related to your use of the Evently API Materials.
Indemnification
1. To the maximum extent permitted by applicable law, you agree to defend, hold harmless and indemnify Evently and its employees, agents, officers, consultants, subsidiaries, affiliates, licensors , co-branders or other partners from and against any third party claim, including any liability or expense arising from all claims, costs, losses, damages (actual and/ or consequential), liabilities, suits, judgments and expenses (including reasonable legal fees) of every kind and nature (collectively ‘Claims’), arising from or in any way related to:
Confidentiality
1. You shall not disclose your API security key or other credentials to any third party.
2. Additionally, you shall not disclose Evently Confidential Information to any third party and will take all reasonable precautions to prevent its unauthorised dissemination, both during and after the term of this Agreement. You shall not use Confidential Information other than as permitted under the API Agreement without Evently’s express prior written consent. All Evently Confidential Information remains the property of Evently, and no license or other right in any Evently Confidential Information is granted hereby.
3. ‘Evently Confidential Information’ means any information of or relating to Evently that becomes known to you through disclosure, observations or otherwise, and that either is designated in writing as “Confidential” by Evently or that is not generally known or readily ascertainable to the public, including, without limitation, non-public information regarding the Evently API Materials Evently’s products, services, programs, features, data, techniques, technology, code, ideas inventions, research, testing, methods, procedures, know-how, trade secrets, business and financial information and other activities. Confidential Information does not include information that has become publicly known through no breach by you, or information that has been (i) independently developed without access to Evently Confidential Information as evidenced in writing; (ii) rightfully received by you from a third party who has the lawful right to disclose such information; or (iii) required to be disclosed by law or by a governmental authority.
4. If you are a corporate entity, you will limit your internal distribution of Evently Confidential Information to your employees and agents who have a need to know, and
5. will take steps to ensure that dissemination is so limited. You will not use any Evently Confidential Information for the benefit of anyone other than Evently. Upon Evently’s written request, you will destroy or return to Evently all Evently Confidential Information in your custody or control.
6. Your obligations hereunder shall survive the expiration or early termination of this Agreement for a period of three years.
7. Please note that any information provided by you to Evently hereunder is considered by Evently to be non-confidential (unless expressly marked otherwise). Evently has no duty, express or implied, to pay any compensation for the disclosure or use of any such information provided by you to Evently. Any compensation for the disclosure or use of non-confidential information is in the sole and absolute discretion of Evently. You acknowledge and agree that any information you provide to Evently is solely to consider a business relationship under this Agreement and you have no expectation of payment.

General Terms

Relationship of the Parties
1. Nothing in the API Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party
Severance
1. If any provision of the API Agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.
2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision will apply with whatever modification is necessary to give effect to the commercial intention of the parties.
Entire Agreement
1. The API Agreement and any documents referred to in it constitute[s] the whole agreement between the parties and supersede[s] any previous arrangement, understanding or agreement between them relating to the subject matter of this agreement.
2. Each party acknowledges that, in entering into this agreement and the documents [referred to in it does not rely on any statement, representation (whether innocent or negligent), assurance or warranty (Representation) of any person (whether a party to this agreement or not) other than as expressly set out in this agreement [or those documents].
3. Each party agrees that the only rights and remedies available to it arising out of or in connection with a Representation shall be for breach of contract [as [expressly] provided in this agreement].
No Waiver of Rights by Evently
1. Evently’s failure to exercise or enforce any right or provision of the API Agreement shall not constitute a waiver of such right or provision.
Governing Law and Jurisdiction
1. The API Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England.
2. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with the API Agreement, its subject matter or its formation (including non-contractual disputes or claims).
Contact Information
1. If you have any questions regarding the API Agreement or Evently APIs, please contact us at api@event.ly