This API License Agreement (the "Agreement") is made between DeviantArt, Inc a Delaware, USA corporation with offices in Hollywood, CA. ("DeviantArt"), and the user registered at DeviantArt.com as a developer who has indicated, by a tracked click through, approval of this Agreement ("Licensee").
Background
A. DeviantART operates a website (the "DeviantArt Site") that enables members of DeviantArt to place files on the website within a storage and publishing platform known as the "DeviantArt Sta.sh" application ("Sta.sh").
B. Licensee makes available certain services through its website and/or through a software application (such services and/or application, the "Licensee Services").
C. Licensee desires to access the Sta.sh for use in connection with the Licensee Services and DeviantArt is willing to permit Licensee to access Sta.sh for use in connection with the Licensee Services, solely through the use of an application programming interface that DeviantArt makes available (the "DeviantArt API").
NOW, THEREFORE, the parties agree as follows:
1. Licenses. Subject to Licensee's compliance with the terms and conditions of this Agreement, DeviantArt grants Licensee a non-exclusive, non-transferable and revocable license to:
(a) download and use the DeviantArt API, solely for the purpose of enabling the Licensee Services to access Sta.sh; and
(b) deposit any user generated materials through use of the DeviantART API into Sta.sh, solely on and through the Licensee Services.
2. License Restrictions. Licensee will not use, modify, copy or reproduce the DeviantArt API, except as expressly permitted under this Agreement. Licensee will not distribute, sublicense, assign, transfer or otherwise make available the DeviantArt API to any third party. Licensee will not use or access the DeviantArt API for purposes of monitoring the availability, performance or functionality of the DeviantArt Site or for any other benchmarking. Licensee will not use the DeviantArt API in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement.
3. Rate Limits. Licensee acknowledges and agrees that DeviantArt sets certain limits on the number and frequency of API requests and that DeviantArt may change such limits, in its sole discretion, at any time. Licensee will not attempt to exceed such limits and acknowledges that if it exceeds (or attempts to exceed) such limits, DeviantArt may block or suspend Licensee's access to the DeviantArt API or terminate this Agreement.
4. No Interference. In its use of the DeviantArt API, Licensee will not interfere with or disrupt the DeviantArt API or the DeviantArt Site or attempt to gain access to any systems or networks that connect thereto (except as required to access and use the DeviantArt API.
5. Payment. No payment is necessary for use of the DeviantArt API; however, on at least 60 days notice, DeviantArt may change its payment policy.
6. Attribution. Licensee will include the attribution identified in Schedule 1 on any page where DeviantArt Content is displayed or used with the Licensee Services. If such attribution requires Licensee to display any DeviantART mark, the display of such mark must comply with DeviantArt's then-current trademark usage guidelines.
7. Ownership. As between DeviantArt and Licensee, DeviantArt owns all worldwide right, title and interest in and to the DeviantArt API and Sta.sh, including all intellectual property rights therein. Licensee agrees not to do anything inconsistent with such ownership. Any and all rights not specifically granted herein to Licensee are reserved by DeviantArt.
8. No Support. This Agreement does not entitle Licensee to any technical support for the DeviantArt API.
9. Disclaimers. The DeviantArt API and Sta.sh are provided on an "AS IS" basis, without warranty of any kind. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DEVIANTART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DeviantART makes no representation or warranty regarding the accuracy, completeness, legality, reliability or availability of Sta.sh.
10. Indemnification. Licensee will indemnify, defend and hold DeviantArt harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with: (i) Licensee's use of the DeviantArt API or Sta.sh, (except to the extent expressly permitted by this Agreement) or (ii) the Licensee Services.
11. Limitation of Liability. IN NO EVENT WILL DEVIANTART BE LIABLE TO LICENSEE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT DEVIANTART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL DEVIANTART'S TOTAL LIABILITY UNDER THIS AGREEMENT THE AMOUNTS OF THE FEES THAT LICENSEE PAID DEVIANTART UNDER THIS AGREEMENT (IF ANY).
12. Term and Termination. This Agreement commences on the Effective Date and, unless terminated earlier in accordance with this Agreement, will remain effect. Each party has the right to terminate this Agreement for any reason or for no reason upon thirty (30) days notice to the other party. DeviantART also has the right to terminate this Agreement if Licensee breaches any material term of this Agreement and fails to cure such breach within thirty (30) days following written notice. Upon any termination of this Agreement all licenses granted hereunder will automatically terminate and Licensee will immediately cease all use of the DeviantArt API and Sta.sh. Sections 7, 9, 10, 11, 12 and 13 will survive any termination of this Agreement.
13. Miscellaneous. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflict of laws rules or principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the Northern District of California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. If any provision of this Agreement is held to be unenforceable or invalid for any reason, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Licensee may not assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without DeviantArt's prior written consent. Any attempt by Licensee to assign or transfer this Agreement, without such consent, will be void. This Agreement constitutes the entire and exclusive agreement between DeviantArt and Licensee pertaining to the subject matter hereof, and supersedes any and all written or oral agreements with respect to such subject matter. This Agreement may only be amended by a writing that refers explicitly to this Agreement and that is signed by duly authorized representatives of both parties.
You may refer to Sta.sh using the following term: "DeviantArt Sta.sh".