APVO operates an Internet platform accessible through available technologies, and particularly through the use of a computer or mobile terminal, at the address www.viadeo.com (Hereinafter “The Website”).
– Platform and Branding Guidelines, which are located at http://dev.viadeo.com
Your Application Terms and Conditions must be in compliance with the Contractual Documents.
Article 1. Licensed uses, Restrictions
The Platform and Viadeo APIs are owned by APVO. Solely to the extent that you are in compliance with all terms of Contractual Documents, APVO grants you a limited, revocable, non-exclusive, personal, non-sublicenseable and non-transferable license allowing you to use the APIs, solely to develop, test, display, distribute, execute and support Your Application and to distribute or allow access to the integration of the APIs within Your Application to the user of the said Application (hereafter “End User”).
APVO grants you a limited, revocable, non-exclusive, personal, non-sublicenseable and non-transferable license allowing you to use its trademarks, logos, domain names (hereinafter “Viadeo Brands”) that APVO makes available to you via the Platform, for the sole purpose to promote or advertise the integration of the API in Your Application and in accordance with Branding Guidelines. You will not use or display Viadeo Brands in any way that will harm or violate thirds parties or APVO’ rights, notably in a way that suggests APVO has created, approved or is in control of, Your Application and/or its content.
The APIs may give you access to some data operated through the Website (hereinafter “Data”). You are entitled to use only the Data to which the APIs will give you authorized access, and solely for their integration and use through Your Application.
To the exception of temporary storage eventually implied by the improvement of Your Application’s user experience, you are not authorized to store the Data in any way whatsoever. In any case this permission does not give you any rights to such data.
You should never display, allow access or otherwise expose the Data to search engines, other robots or any other similar tools.
You will never use directly or indirectly (i.e by transfering data to a third party who then transfers the data to another person) the Website Data for commercial purpose even if a End User consents to such transfer or use.
Access to the Data and the capacity to export such Data may be limited by APVO to a certain volume per a determined period of time (for example 50,000 “calls” per hour) or per user (for example 1,000 calls per hour per user). Such limitations, if any, are indicated in the Registration Form or through any other relevant mean on the Platform. If you exceed, or plan to exceed, any of the preceding thresholds please contact us as you may be subject to additional terms
Any other exploitation or use of the Viadeo APIs and/or of the Platform, their contents and, particularly, of the Data they contain is excluded from the scope of this License and may only be made upon APVO’s prior and written authorization.
APVO reserves the right to limit, restrict or prohibit your or other user access to the Viadeo APIs, Data and/or Platform, at any time or over a period of time, with or without notice, in its sole discretion.
You will not permit users of Your Application or any other third party to use the said Application and the Data for illegal purposes and notably to:
– Sell, lease, share, transfer, or sublicense the Viadeo APIs, Data or Platform’ access or access codes thereto or derive income from the use or provision of the Viadeo APIs, Data and/or Platform;
– Modify, reverse engineer, decompile, or otherwise alter Viadeo APIs, Data and/or Platform (except to the extent such acts are authorized by applicable law notwithstanding this limitation);
– Defame, abuse, stalk, harass, threaten, or otherwise violate the legal rights of others or otherwise violate APVO’ rights and policies;
– Impersonate another person or entity, or falsify or delete any Data, author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of services, software or other materials;
– Use the Viadeo APIs, Data or Platform to violate any law or regulation, any right of any person or for any unauthorized purpose;
– Use the Viadeo APIs, Data or Platform to infringe upon the copyright, trademark or other intellectual property rights of anyone;
– Interfere with or disrupt the Viadeo APIs, Data, Platform, servers or network related to the Viadeo services;
– Promote or provide with instructional information about illegal activities or promote physical harm or injury against any group of individuals;
– Transmit any spyware, adware, virus, worm, defect, Trojan horse, or any other item intended to destroy, surreptitiously interfere with, expropriate, or exert unauthorized control over any system or data or to defraud any person;
– Use the Viadeo APIs, Data or Platform in, or in association with, a product or service that competes with products or services offered by APVO;
Article 2. Registration to the APIs Platform
You must submit a valid email address that you should keep updated. If the email address you provided becomes invalid and you do not provide an updated email address, your access to the Viadeo APIs, Data and Platform may be suspended or terminated.
Access to Viadeo APIs Platform requires authentication. The Platform uses the OAuth n°2 standard. You must authenticate your access to the Platform as indicated in the Registration process. You may only access your account with the access code issued to you by APVO. Upon submission of the Platform, you will be assigned a unique public and private access code which will be necessary to access Viadeo APIs. You are entirely responsible for maintaining the confidentiality of your private access code. You will not use the access code of another user at any time or disclose your private access code to any third party.
You are liable for any unauthorized use which might be made of your access code, and the sole guarantor of its confidentiality and of any use made of your account.
You shall inform APVO immediately of any unauthorized use of your account, and of any breach of the confidentiality and security of your identification means, by contacting us.
Should APVO have legitimate reasons to believe that the Viadeo APIs, Data and/or Platform security has been violated or that the Viadeo APIs, Data and/or Platform are being used improperly due to the unauthorized use of your access code, it may temporarily suspend your account, in order, among other points, to preserve the integrity of the Viadeo APIs, Data and/or Platform.
Article 3. Support and Modifications for the APIs
APVO may provide you with support or modifications for the Viadeo APIs, in its sole discretion. APVO may terminate such support or modifications at any time without notice to you. APVO may change, suspend or discontinue any aspect of the Viadeo APIs at any time, including the availability of any Viadeo APIs. APVO may also restrict your access to parts or all of the Viadeo APIs, Data and Platform without notice or liability.
Article 4. Data collection, storage and use – Privacy
You must not store, retain, process or use, and must immediately remove from any application and any data repository in your possession or under your control, any Viadeo’ data for which you did not receive explicit consent of the concerned Member and to which you did not receive authorized access through the Viadeo APIs and not being explicitly identified as being usable through Your Application in the Contractual documents.
Subject to APVO explicit and prior authorization, you should not store or retain any Viadeo’ data in any data repository.
You are responsible for any personal data processing involved by your activity and undertake that such processing will comply with the applicable data protection Laws.
Article 5. Fees
Article 6. Intellectual Property
APVO owns the Viadeo APIs, Data and Platform and all output and executables of the Viadeo APIs, including their technical components and their graphic, textual or other components, excluding any software components developed by you which do not themselves incorporate the Viadeo APIs or any output or executable of the Viadeo APIs.
More specifically, the Viadeo APIs, Data and Platform are provided through software and databases designed and developed by APVO, which belong to it, or over which it holds intellectual property rights.
You agree to abide by all applicable property rights laws and other laws, as well as any additional copyright notices or restrictions contained in the Contractual Documents. As between you and APVO, APVO and its licensors retain the intellectual property rights in and to the Viadeo APIs, Data Platform and any derivate works thereto created by or for APVO and its licensors.
You guarantee APVO that, subject to APVO’ rights, you hold any and all rights in Your Application and notably the rights to reproduce, copy, transmit, use, display and exploit such Application, that the said Application comply with any regulation or law that may be applicable to its availability and do not violate the rights of any third parties (including but not limited to copyright, design, patent, trademark rights or any other proprietary rights).
To permit the provision of the Viadeo APIs and in accordance with their purpose, you grant APVO a non-exclusive, worldwide, irrevocable right and license to use, perform and display Your Application to users.
This license is granted for the entire world and for the duration of the Contract.
Article 7. Term and Termination
You may terminate the Contract by discontinuing use of all or any of the Viadeo APIs, or by closing your account.
7.3. Termination consequences
You will have to delete all Data you have received through use of the Viadeo API
Article 8. Liability
8.1. Your liability
You shall bear all costs related to the hardware and software needed to access the Platform and use the Viadeo APIs and Data. It is your responsibility to take all suitable precautions to protect your own data, computer systems and/or software from any contamination by possible viruses.
You shall bear sole liability for the use made of the Platform, Viadeo APIs and Data, and, more generally, for any use or operation made from your account.
You are responsible for all data and information concerning you which you have made available on line and for all contents provided by you, whether such data or contents are accessible and/or distributed to the public through Viadeo APIs.
You shall bear sole liability, with respect to APVO and, if applicable, to any third party, for any damages, whether direct or indirect, of any kind whatsoever, caused by any application, information or any other element of contents communicated, transmitted or distributed by you while using the Viadeo APIs or through Your Application, as well as by any breach of this Contract on your part.
You accept to submit to any measure implemented by APVO in application of applicable laws.
8.2. APVO’s liability
THE PLATFORM AND VIADEO APIs ARE PROVIDED “AS IS, WHERE IS” WITH NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED.
SOME OF VIADEO APIs ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. APVO DOES NOT REPRESENT OR WARRANT THAT ANY VIADEO APIs ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
APVO DOES NOT VERIFY THE VERACITY OF THE INFORMATION OR DATA PROVIDED BY YOU OR OTHERS USERS AND REJECTS ANY LIABILITY RELATED TO THE INACCURACY, UNSUITABILITY OR ILLICITNESS OF SAID INFORMATION.
APVO EXPRESSELY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS INCLUING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
APVO HAS NO GENERAL OBLIGATION TO MONITOR THE DATA AND CONTENTS PROVIDED BY YOU OR THROUGH YOUR APPLICATION, NOR ANY OBLIGATION TO DELETE DATA OR OTHER CONTENT WHICH MIGHT NOT APPEAR TO BE EVIDENTLY ILLICIT, REGARDLESS OF WHETHER OR NOT IT WAS NOTIFIED OF SAID CONTENTS.
DUE TO THE SPECIAL NATURE OF THE INTERNET, ACCESS TO THE PLATFORM AND/OR THE VIADEO APIs MAY BE INTERRUPTED OR RESTRICTED AT ANY TIME DUE TO A REASON BEYOND APVO’S CONTROL; IN SUCH CASES, APVO MAY NOT BE HELD LIABLE.
NOR MAY APVO BE HELD LIABLE SHOULD ACCESS TO THE PLATFORM AND/OR THE VIADEO APIs BE INTERRUPTED DUE TO MAINTENANCE OPERATIONS, UPDATES OR TECHNICAL IMPROVEMENTS, OR DUE TO OPERATIONS INTENDED TO UPGRADE THE PLATFORM’S CONTENTS AND/OR PRESENTATION AND/OR THE VIADEO APIs, AS SUCH INTERRUPTIONS WILL BE NOTIFIED AND WILL NOT EXCEED COMMON RELEVANT PRACTICES. FURTHERMORE, APVO MAY INTERRUPT THE ACCESS TO THE PLATFORM AND/OR THE VIADEO APIs, WHETHER TEMPORARILY OR DEFINITELY, PARTICULARLY IN CASE OF ITS TERMINATION OF THE ACTIVITY IN QUESTION, OR IN THE EVENT OF ANY COURT-ORDERED OR AMICABLE LIQUIDATION OF THE COMPANY; IN THESE LAST CASES, THIS CONTRACT SHALL BE TERMINATED IPSO FACTO.
APVO RESERVES THE RIGHT, AT ANY TIME AND WITHOUT PRIOR NOTICE, TO MODIFY ANY INFORMATION APPEARING ON THE PLATFORM AND/OR ON THE VIADEO APIs AS PART OF THEIR UPDATE OR WHILE CORRECTING ERRORS OR INACCURACIES.
APVO IS NOT RESPONSIBLE FOR THE CONTENTS OF THIRD-PARTY INTERNET SITES TO WHICH HYPERTEXT LINKS FOUND ON THE PLATFORM AND/OR THE VIADEO APIs MAY REDIRECT.
YOUR USE OF THE PLATFORM AND VIADEO APIs IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE PLATFORM AND/OR ANY VIADEO APIs, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE OF YOUR SYSTEM OR LOSS OF DATA.
TO THE EXTENT ALLOWED BY APPLICABLE LAWS, AND TO THE EXTENT THAT APVO OR ITS AFFILIATED COMPANIES, LICENSORS OR PARTNERS MAY BE HELD LIABLE FOR ANY DAMAGE NOT LISTED ABOVE, APVO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE PLATFORM, DATA AND/OR VIADEO APIs, WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, AND WHETHER OR NOT APVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Article 9. Minimum Required Technical Configuration
You acknowledge having the expertise and means required to access the Platform and use the Viadeo APIs.
To this end, you acknowledge having verified that your computer configuration is adequate, contains no virus, and is in proper operating conditions.
You shall bear the entire cost of the equipment (computer, cell phone, software, telecommunications means, etc.) allowing access the Platform and APIs, as well as all telecommunication expenses incurred by their use.
Article 10. Agreement on evidence
You and APVO unanimously agree that APVO’s computer systems and files shall be self-evidencing between them.
Consequently, the computer files and records stored within the computer systems operated by APVO or on its behalf under reasonable security and reliability conditions may be used validly and produced as evidence of the execution of the Contract, and more generally of any event, communication or relation between both Parties in relation to your use of the Platform and APIs.
Therefore, APVO may validly produce, as part of any proceeding, as evidence of any act, fact or omission, the data, files, programs, registrations or other elements, received, issued or stored using the aforementioned computer systems, on any digital or analogical supports, and rely thereon, except for evident errors.
Article 12. Applicable Law – Assignment of Jurisdiction