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API Terms of Use

csa_marvin on 08/19/2014 14:04

The Terms apply to your use of www.bricklink.com, including any successor sites, (the "Website") and any and all data, text, software, documents and other materials on the Website ("Content") associated with the application programming interface offered through the Website (currently available at api.bricklink.com) (the "API"). Registered users of the Website ("Bricklink Members") may upload Content to the Website. By registering as a developer, you or the entity or company that you represent ("Developer" or "You") are unconditionally agreeing to be bound by the following terms and conditions, including Bricklink's Terms of Service, Privacy Policy, other policies and rules which are hereby incorporated into this document by this reference (collectively, the "Terms"), and are becoming a party to the Terms. Your continued use of the API shall also constitute assent to the Terms. If the terms set out herein are considered an offer, acceptance is expressly limited to these terms.

API Licensed Uses and Restrictions.

Subject to full compliance with the Terms, Bricklink, Inc. ("Bricklink") hereby grants You a limited, personal, non-sublicenseable, non-transferable, nonexclusive, revocable license to access and use the API solely as necessary to create and run websites and applications (collectively, "Applications") that meet all the requirements and conditions set forth in the Terms.

You shall:

  1. Comply with the Terms which may be changed from time to time. In the event of a conflict between the terms and conditions of this API Terms of Use and the other Terms incorporated herein, the terms and conditions of the other Terms, as applicable shall govern, but only to the extent of the conflict.

  2. Guarantee that Your use of the API is, as in the sole discretion of Bricklink, in the spirit of Bricklink.

  3. Provide a prominently displayed email address on Your Application for third parties to contact You with any questions or issues. You shall respond to such inquiries in a timely manner.

  4. Use commercially reasonable efforts to provide a terms of service and privacy policy in a visible location on your Application.

  5. Be solely responsible for all aspects of Your Application and any content appearing therein, and for providing all customer support to end-users relating to Your Application.

  6. Be truthful and honest about the Application to Bricklink and Your users.

  7. Obtain consent from Your users for the collection of personal information and/or any other legal consents which are required for Your services.

  8. Respect user privacy in accordance with the applicable laws. If Your service supports cookies, Your privacy policy must disclose that third parties may be placing and reading cookies on the systems of Your users in the course of providing content to them.

  9. Make clear that You, and not Bricklink, are the provider of any services.

You shall not:

  1. Use the API for any Application that replicates or attempts to circumvent the Website's checkout process or attempts to replace the essential user experience of Bricklink.com.
  2. Attempt to circumvent any security measures or technical limitations of the API.
  3. Cache or store any Content or Bricklink Member Content other than for reasonable periods in order to provide the service to Bricklink Members.
  4. Display item Content or product information and/or images which is more than six hours older than such information is on the Website, and other Bricklink Content cannot be more than twenty-four hours older than such Content on the Website.
  5. Use the API (or any Content or Bricklink Member Content within the API) in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights to personality or to engage in activities that would violate any fiduciary relationship, any applicable local, state, national, or international law, or any regulations having the force of law (including but not limited to exportation laws).
  6. Use the API in a manner that disrupts the flow of dialog or otherwise negatively affects other Bricklink Members' ability to use the Website or the ability of any device to access the Website, Content or any of Bricklink's associated services, or adversely impacts the stability of Bricklink.com servers or behavior of other Applications using the API, or transmits software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  7. Use the API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage. Users are allocated by default, 5,000 calls per day.
  8. Sell, lease, or sublicense the API or access thereto.
  9. Except as expressly permitted under Section 4 of this API Terms of Use Agreement, derive revenues from the use or provision of the API.
  10. Modify, decompile, extend, subset or superset the API or otherwise alter the API to any extent.
  11. Use the API in a way that harms the interests of Bricklink, the Website, any of its affiliates, the API or its program, or other users of the Website.
  12. Transmit spam or upload, post or otherwise transmit Content that is inaccurate, harmful, obscene, defamatory, racist, discriminatory or is otherwise offensive to others.
  13. Misrepresent or falsely state Your identity or affiliation with Bricklink, any person, or any business.
  14. Upload, post, collect or store Website member ID and password combinations.
  15. Upload, post, collect, store, share, transfer, or process personal information or data about Bricklink Members unless specifically authorized by such member.
  16. Forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Website.
  17. Provide, procure or permit third party access to the Website unless expressly so authorized by Bricklink.
  18. Create an Application that may be used to violate Bricklink's Terms of Service or other site policy.
  19. Disparage Bricklink or knowingly tarnish the name reputation, image or goodwill of Bricklink in connection with Your Application or participation in the API program.

ALL RIGHTS NOT EXPRESSLY GRANTED IN THE TERMS ARE HEREBY RESERVED BY BRICKLINK AND ITS LICENSORS.

Attribution

"Bricklink", and other Bricklink graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Bricklink in the Hong Kong Special Administrative Region and/or other countries ("Bricklink's Trademarks"). Subject to full compliance with the Terms, Bricklink hereby grants You a limited, personal, non-sublicenseable, non-transferable, nonexclusive, revocable license to use Bricklink's Trademarks in Your Application.

You shall not use or alter any text, logos, Bricklink's Trademarks, Bricklink's signature colors, Bricklink's layout, or use a confusingly similar layout to Bricklink's layout in such a way which may suggest endorsement or affiliation by Bricklink.

 

  1. Bricklink logo or Bricklink's Trademarks must be used in its entirety and must not be altered or used in a misleading way.

  2. You shall not use a mark which is confusingly similar to Bricklink's Trademarks.

  3. Any use of the Bricklink logo or Bricklink's Trademarks in Your Application shall be less prominent than the logo or mark that primarily describes the Application and Your use of the Bricklink logo shall not imply any endorsement or affiliation by Bricklink.

  4. You may publicize, issue press or blog releases of Your Application only if You state that it was created using the Bricklink API and that You in no way imply that Your Application is endorsed or certified by Bricklink.

  5. You must place or display the following notice prominently on Your Application:

  6. "The term 'Bricklink' is a trademark of Bricklink, Inc. This application uses the Bricklink API but is not endorsed or certified by Bricklink, Inc."

  7. Without limiting the foregoing, Bricklink will have the right to do quality insurance inspections of the Applications and withhold the right to use Bricklink's Trademarks if the quality is not satisfactory to Bricklink in its sole discretion.

Registration Data

In consideration of Your use of the API, You agree to:

  1. Provide accurate, current, and complete information about You as may be requested by Bricklink during registration and ongoing participation in Bricklink's API program (the "Registration Data"), and update and keep all such information accurate, current and complete at all times.

  2. Maintain the security of Your password and identification, as you are responsible for any consequences of any failure to do so.

  3. Evaluate and bear all risks associated with Your use of the API, any Content or services, including any reliance on the accuracy, completeness, or usefulness of the Content and the risks of unauthorized access.

  4. Take all appropriate virus precautions, and warrant that Your networks, operating systems and software are properly configured to Internet industry standards, including but not limited to security standards.

  5. Immediately report any security deficiencies You discover to Bricklink by emailing "apisupport@bricklink.com".

You have sole responsibility for adequate protection and backup of data and/or equipment used by You in connection with the API and/or the Website. The interactivity and Web services features of the Website are intended for use by the person who has authenticated their identity and lawfully received an API Key from Bricklink to the Website from Bricklink and/or its affiliates ("Registered Users"). By using the API and/or the Website in any manner, You represent that You are a Registered User. You further consent and authorize Bricklink and/or its affiliates to verify Your Registration Data.

Commercial Use of the API

In general, reasonable commercial uses of the API are permitted. Non-limiting examples of what is prohibited, unreasonable commercial use include:

  1. Selling the API, Member Content (that is not Your own) or related services, or access to any of the foregoing.

  2. Charging users a fee to use or access that portion or aspect of Your Application that integrates the API or an aspect of Bricklink which Bricklink provides to Bricklink Members free of charge.

  3. Using the API primarily to drive traffic to other non-Bricklink websites or services.

  4. Creating advertising opportunities around Bricklink content that are compliant with these Terms.

Examples of permitted, reasonable commercial uses include:

  1. Charging users a fee for those portions or aspects of the Application that do not integrate the API, such as engaging in the sale of your own products or services.

  2. Displaying advertising in your Application, so long as You are not misleading or abusing users.

  3. Any use that is expressly authorized by Bricklink.

If You are not sure if Your Application has a permitted reasonable commercial use, or anticipate that You will or have already exceeded the limit of 5,000 calls per day, please contact us at "apisupport@bricklink.com" and provide us with as much information as possible and we'll be happy to talk.

Your Obligations and Conduct; Use of Services

You expressly agree that Bricklink and its affiliates have no responsibility or control over the Content that You, or other Bricklink Members, upload, post or otherwise transmit via the Website and/or the API (including, without limitation, any Content submitted to any forum) or modifications You may make to the Content or Member Content. You agree that Bricklink and its affiliates may or may not (as determined in its sole discretion, and without an obligation to do so) review the Member Content before You upload, modify, post or otherwise transmit such Member Content. Bricklink makes no representation that Your use of the Website, the Content, or the API will comply with applicable laws or that they were designed to comply with applicable laws. Additionally, Bricklink and its affiliates do not represent, warrant or guarantee the truthfulness, accuracy, quality or reliability of any of the Content posted, displayed, linked to or otherwise transmitted via the Website. Bricklink and its affiliates do not endorse any opinions expressed in or through any such Content. You agree that You must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of the Content. Except where expressly stated to the contrary, Bricklink possesses the immediate right, but not the obligation, to edit or remove any Content from the Website at any time and/or terminate Your ability to access the Website and/or the API without notice, at its sole discretion. You further acknowledge and agree that Bricklink may have something similar to Your feedback or Application already under consideration or in development now or in the future.

Amendment of Terms

  1. Bricklink reserves the right at any time in its sole discretion without liability to You or any third party to modify, amend, restrict, suspend, deny or terminate Your access or the access of all users to the Website, the API, or any of the Website's Content or services. Termination of a license to use the Website and/or the API does not constitute termination of these Terms.

  2. Bricklink may amend these Terms, including, without limitation, the agreements and policies incorporated herein by reference, at any time. When Bricklink changes any such agreement or policy in a material way a notice will be posted on the Website, and when any change is made in any such agreement or policy, the updated agreement or policy, as applicable, will be posted at "http://www.bricklink.com" or a successor link that Bricklink may designate from time to time. You understand and agree that if You use the API or the Website or any of the services offered in connection therewith after the date on which any of the foregoing terms have changed, Bricklink will treat Your use as acceptance of the updated terms.

Property Rights

  1. The Website, including without limitation all Content and all intellectual property rights in and to the same, is owned by or licensed to Bricklink, its affiliates, or our third-party content providers. You must not modify, decompile, or reverse engineer any software (including, without limitation, the API) that Bricklink or its affiliates disclose to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership. You may not do or allow anyone else to do anything with the Content which is not specifically permitted under the Terms. Subject to the following paragraph, You acknowledge and agree that no right, title or interest in any Content is transferred to You as a result of Your use of such Content, the Website, the API or any services provided or otherwise made available via the Website.

  2. Bricklink and its affiliates do not claim ownership of the Member Content and shall have no obligation of any kind with respect to such Member Content, in each case except to the extent expressly assumed under written agreement.

  3. As between You and Bricklink, You are also solely responsible for all aspects of Your Application.

Term

The Terms take effect on the date You accept them and will continue until expiration or termination. Bricklink reserves the right at any time in its sole discretion to terminate the Terms, with or without notice. Upon termination of the Terms for any reason, Your access to the Website, the API and Content, and all of Your user's rights herein, will cease. Rights and obligations under this API Terms of Use, as well as any rights or obligations under any of the agreements or policies incorporated herein by reference, which either by their nature should survive or which by their terms expressly survive will remain in full effect after any termination or expiration of the applicable document, including without limitation those of Sections 5, 6, 7, 8, 9, 11, 12, 13, and 15 of this API Terms of Use.

Website Policies And Use of API

The Bricklink Website, including Content and applications, is published for direct access by human users. The API is built for users to access data programmatically from Bricklink. Other access methods such as Web robots or spiders are covered by Web Robots / Spider policy which is found here . You should not use the API in the manner of Robots and Spiders. Bricklink reserves the right to revoke the terms granted herein as well as the right to deny service to any user found violating the provisions of this section and the Web Robots / Spiders Policy. For example, you agree not to:

  1. Reverse engineer internal data feeds used by the Bricklink Website, including Bricklink's flash applications, even if such data is not available in the Bricklink API.
  2. Access legacy or internal APIs used by Bricklink but not available through the public API.

Fees and Payments

Bricklink reserves the right to charge fees for future use of or access to the Bricklink API.

NO WARRANTY

BRICKLINK, BRICKLINK'S AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES AND BRICKLINK'S SUPPLIERS AND SERVICE PROVIDERS, PROVIDE THE WEBSITE, API, CONTENT AND ANY SERVICES ASSOCIATED WITH ANY OF THE FOREGOING "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRICKLINK, ON BEHALF OF ITSELF AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES AND BRICKLINK'S SUPPLIERS AND SERVICE PROVIDERS, SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, API, CONTENT AND ANY SERVICES ASSOCIATED WITH ANY OF THE FOREGOING, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM BRICKLINK SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

LIABLITY LIMIT

IN NO EVENT SHALL BRICKLINK, (AS APPLICABLE) BRICKLINK'S AFFILIATES , OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR BRICKLINK'S SUPPLIERS AND SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE AND/OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO (A) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, API, BRICKLINK'S SERVICES, OR (B) THE TERMS, WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF OPPORTUNITY OR GOODWILL, OR COST OF REPLACEMENT SERVICES, EVEN IF SUCH PARTY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

BRICKLINK'S MAXIMUM AGGREGATE LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF BRICKLINK'S AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENATIVES AND BRICKLINK'S SUPPLIERS AND SERVICE PROVIDERS, TO YOU OR ANY THIRD PARTIES CLAIMING UNDER OR THROUGH YOU IN ANY CIRCUMSTANCE ARISING UNDER OR RELATED TO THIS AGREEMENT IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO BRICKLINK PURSUANT TO THIS API TERMS OF USE AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

THE FOREGOING LIMITATIONS OF LIABILITY WILL NOT APPLY TO DAMAGES FOR DEATH OR BODILY INJURY ARISING FROM NEGLIGENCE ON THE PART OF BRICKLINK. (AS APPLICABLE) BRICKLINK'S AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR BRICKLINK'S SUPPLIERS AND SERVICE PROVIDERS THAT, UNDER APPLICABLE LAW, CANNOT BE SO LIMITED.

HOLD HARMLESS AND INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD BRICKLINK AND (AS APPLICABLE) BRICKLINK'S AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES, AND BRICKLINK'S SUPPLIERS AND SERVICE PROVIDERS, HARMLESS FROM ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES AND DEMANDS , INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATED TO ANY CLAIMS, ACTIONS, SUITS, OR PROCEEDINGS MADE OR BROUGHT BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THE TERMS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

Privacy

MOC Shop's Privacy Policy is found here , and Purging Data Policy is found here.

General Terms

  1. Equitable Relief. You agree that any breach of the Terms will result in irreparable harm to Bricklink or its affiliates for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Bricklink or its affiliates will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs or is threatened. You waive any requirement for the posting of a bond or other security if Bricklink or its affiliates seek such an injunction.

  2. No Agency. You acknowledge and agree that the relationship between You and Bricklink and its affiliates (if applicable) is that of independent contractors. Nothing in these Terms shall be construed as creating a partnership, contract of employment, agency, joint venture or franchise relationship between Bricklink or any of its affiliates with You.

  3. Waiver. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. Any waiver of the Terms must be in writing and signed by the party against whom enforcement of the waiver is sought. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

  4. No Third Party Beneficiary. You acknowledge and agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiary to this agreement.

  5. Choice of Law. The Terms shall in all respects be interpreted and construed with and by the laws of Hong Kong Special Administrative Region without regard to its conflict of laws principles. The parties hereby disclaim the application of the U.N. Convention on Contracts for the International Sale of Goods. The sole and exclusive jurisdiction and venue for actions and disputes arising under the Terms will be the courts of Hong Kong Special Administrative Region. You hereby agree to service of process in accordance with the rules of such courts. The party prevailing in any dispute under the Terms shall be entitled to its costs and legal fees.

  6. Entire Agreement. The Terms constitute the entire agreement between You and Bricklink relating to their subject matter, and cancel and supersede any prior versions of the Terms as well as all prior agreements (whether oral, written or otherwise) and representations between You and Bricklink. No modification to the Terms will be binding, unless in writing and signed by an authorized Bricklink representative. You may not assign, sublicense, delegate or otherwise transfer the Terms or any right granted hereunder, in whole or in part, whether voluntarily or by operation of law, and any attempt to do any of the foregoing in violation of this provision will be null and void. Bricklink expressly reserves the right to assign the Terms and to delegate any of its obligations hereunder. The Terms are binding on and inure to the benefit of each party hereto and their heirs, successors and permitted assigns.

  7. Headings. The headings in the Terms are for convenience only and have no legal or contractual effect.