API Terms of Use

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”).

These Viadeo APIs Terms of Use set out the terms and conditions of use of the Viadeo Application Programming Interfaces (hereinafter “Viadeo APIs” or “APIs”) accessible through the APIs platform at https://api.viadeo.com (hereinafter “the Platform”). The Viadeo APIs are intended for experienced application programmers who are developing Web or others APIs and associated tools and documents and allow to create software application which will interoperate with the Website (hereinafter “Your Application”) notably to export some “ data from said Website.

To use the APIs, the individual and, if applicable, the company or any other entity he/she has the legal authority on (hereinafter “You”), has to observe the Viadeo API Terms of Use and the following documents:

- The Website’ Terms of Use, which is located at http://www.viadeo.com/downloads/cgv/cgu_en.pdf,

- APVO’ Privacy Policy, which is located at http://www.viadeo.com/downloads/cgv/privacy_policy_en.pdf,

- Platform and Branding Guidelines, which are located at http://dev.viadeo.com

- Any and all API specific implementation documentation or Special Terms of Use.
These documents supplement these Terms of Use and are referred to hereinafter as the “Contractual Documents”.

Your Application Terms and Conditions must be in compliance with the Contractual Documents.

By accessing the Platform and registering prior to using the APIs, as described in Article 2 hereunder, You acknowledge that You have read these Terms of Use and the Contractual Documents, and that You agree to abide by them unreservedly. These Terms of Use and Contractual Documents consequently constitute a contractual agreement (hereinafter, the “Contract”) between You and APVO.

Should you refuse to comply with any of the obligations and conditions contained in these Viadeo APIs Terms of Use or in any of the other Contractual Documents, you shall be invited not to access and/or use the Viadeo APIs and Platform.

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.

You will have a privacy policy that tells End Users what Data you are going to use and how and which purpose you will use, display, share, or transfer that Data and you will include your privacy policy URL in Your Application.

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.

Your Application and/or content, your use of the Viadeo APIs, Data and Platform must comply with all applicable laws and these Terms of Use, the Contractual Documents, any applicable policies or guidelines, and any technical requirements and documentation.

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 have reached the legal age of majority and/or have the capacity to enter into an agreement under the law, to possess your own Viadeo’ developer account and to accept these Terms of Use unreservedly.

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.

All access to and use of the Viadeo APIs is subjected to the applicable data protection Laws and the data practices set forth in the APVO Privacy Policy, which is currently available at http://www.viadeo.com/downloads/cgv/privacy_policy_en.pdf. In consequence, you and Your Application will respect the applicable data protection Laws and APVO’ Privacy Policy.
You must maintain a prominent online privacy policy for Your Application. This privacy policy will be compliant with the applicable data protection Laws and APVO’ Privacy Policy; such Policy must be directly accessible through a link in Your Application.

It should notably include a full, accurate and clear disclosure regarding the placement and use of cookies and related technologies, and your commitments with regard to your collection and use of personal data in relation to your activity. In no way should these commitments violate or be at variance with APVO’ Privacy Policy.

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

APVO reserves the right to charge fees for the access and/or use to the Viadeo APIs and Platform at its sole discretion. In this case, APVO will provide you prior notice of such charges, notably through Special Terms of Use.

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

7.1. Term

The Contract is agreed to for an indeterminate term, starting from your acceptance of these Terms of Use.

7.2. Termination
You may terminate the Contract by discontinuing use of all or any of the Viadeo APIs, or by closing your account.

APVO may immediately terminate the Contract at any time for convenience or in case of your non-compliance with these Terms of Use or with Contractual Documents. In this case APVO may terminate the Contract ipso facto, without any formality or notice and subject to any damages it might claim as compensation for any prejudice it might suffer as a result of this situation.

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

APVO commits to provide the Platform and Viadeo APIs in accordance with these Terms of Use.

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 11. Modifications to the Terms of Use

APVO may modify these Terms of Use at any time and without prior notice. You are therefore invited to consult the latest updated version thereof on a regular basis, freely available and permanently accessible by clicking on the “Terms of Use” link on the Platform.

Article 12. Applicable Law – Assignment of Jurisdiction

The execution, validity, interpretation, performance and/or termination of these Terms of Use are governed by the Laws of the State of California. In the event of any discrepancy in their interpretation, the English (United States) version of these Terms of Use shall prevail over any other version in any other language. Subject to applicable public-order provisions regarding the assignment of jurisdictions, the courts corresponding to APVO’ head offices shall have sole jurisdiction regarding any litigation related to this Agreement, including but not limited to any litigation regarding their execution, validity, interpretation, performance and/or termination and the consequences thereof.