Effective: November 17, 2019
Thank you for being a part of the Bloxium Developer community.
1. Using the Bloxium API
You may not use the Bloxium API and may not accept the Terms if (a) you are not of legal age to form a binding contract with Bloxium, or (b) you are a person barred from using or receiving the Bloxium API under the applicable laws of the United States or the country in which you are resident or from which you use the Bloxium API.
If you are accessing or using the Bloxium API on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to “you” in the Terms refer to that entity).
Subject to the Terms, Bloxium grants you a worldwide, non-exclusive, royalty-free, non-transferable, non-sublicensable, revocable and limited license to use and make calls to the Bloxium API solely in connection with developing, implementing and distributing your application, and solely in the manner described in the Terms and in the technical documentation contained in the Bloxium API.
When using the Bloxium API, you will (and will ensure that your employees, agents and service providers will):
- restrict disclosure of the API Credentials, or any part thereof, to your agents, employees, or services providers, who must require access to use, maintain, implement, correct or update your Application in accordance with the Terms, and who are subject to confidentiality obligations the same as or greater than those contained herein;
- not distribute, sell, lease, rent, lend, transfer, assign or sublicense any rights granted by the Terms to any third party;
- not use or access the Bloxium API or the Service in order to monitor the availability, performance, or functionality of the Bloxium API, the Service or any portion thereof or for any similar benchmarking purposes;
- not engage in any activity that interferes with, disrupts, harms, damages, or accesses in an unauthorized manner the servers, security, networks, data, applications or other properties or services of Bloxium or any third party;
- not circumvent technological measures intended to prevent direct database access, or manufacture tools or products to that effect;
- not modify, translate, reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of the Bloxium API, the Services, or any aspect or portion thereof, except to the extent that this restriction is expressly prohibited by applicable law;
- not bypass Bloxium API restrictions for any reason;
- not develop Applications that excessively burden the Bloxium system, distribute spyware, adware or other commonly objectionable programs;
Bloxium may set and enforce limits on your use of the Bloxium API, in our sole discretion, at any time for any reason with or without notice. You will not attempt to exceed or circumvent limitations on access, calls and use of the Bloxium API ("Rate Limits"), or otherwise use the Bloxium API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of this Agreement. If you exceed or if Bloxium reasonably believes that you have attempted to circumvent Rate Limits, controls to limit use of the Bloxium APIs or the terms and conditions of this Agreement, then your ability to use the Bloxium API may be temporarily suspended or permanently blocked. Bloxium may monitor your use of the Bloxium API to improve the Bloxium Service and to ensure your compliance with this Agreement.
2. Changes to the Bloxium API
You acknowledge that Bloxium may update or modify the Bloxium APIs from time to time, and at its sole discretion (in each instance, an “Update”). You are required to implement and use the most current version of the Bloxium API and to make any changes to your Services that are required as a result of such Update, at your sole cost and expense. Updates may adversely affect the manner in which your Services access or communicate with the Bloxium API or display Bloxium Content. Your continued access or use of the Bloxium APIs following an update or modification will constitute binding acceptance of the Update.
Access and Use
We may change or discontinue the availability of some or all of the Bloxium API at any time for any reason with or without notice. Such changes may include removal of features, or the requirements of fees for previously free features. We may also impose limits on certain features and services or restrict your access to some or all of the Bloxium API. Your continued use of the Bloxium API following a subsequent release will be deemed your acceptance of modifications.
From time to time, Bloxium may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to the public (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Bloxium will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Confidential Information of Bloxium and subject to the confidentiality provisions in these Terms. Bloxium makes no representations or warranties that the Beta Services will function. Bloxium may discontinue the Beta Services at any time in its sole discretion. Bloxium will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Bloxium may change or not release a final or commercial version of a Beta Service in our sole discretion.
3. Proprietary Rights
The Service, the Bloxium API, and all software, documentation, information, hardware, equipment, devices, templates, tools, documents, processes, methodologies, know-how, websites and any additional intellectual or other property used by or on behalf of Bloxium or Bloxium Related Entities or otherwise related to the Service, together with all copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent therein and related thereto (collectively, “Bloxium Property”) will be and remain the sole and exclusive property of Bloxium. To the extent, if any, that ownership of any Bloxium Property does not automatically vest in Bloxium by virtue of the Terms, or otherwise, and vests in Developer, Developer hereby transfers and assigns to Bloxium, upon the creation thereof, all rights, title and interest Developer may have in and to such Bloxium Property (and waives any and all moral rights, as applicable), including the right to sue and recover for past, present and future violations thereof.
If you provide any feedback (including identifying potential errors and improvements) to Bloxium concerning the Bloxium API or any aspects of the Service (“Feedback”), you hereby assign to Bloxium all right, title, and interest in and to the Feedback, and Bloxium is free to use, reproduce, disclose, and otherwise exploit the Feedback without attribution, payment or restriction, including to improve the Bloxium API or the Service and to create other products and services. Bloxium will treat any Feedback as non-confidential and non-proprietary. You will not submit any Feedback that you consider confidential or proprietary.
You agree that Bloxium may monitor use of the Bloxium API to ensure quality, improve Bloxium products and services, and verify your compliance with this terms. This monitoring may include Bloxium accessing and using your account, for example to identify security issues that could affect Bloxium. You will not interfere with this monitoring. Bloxium may use any technical means to overcome such interference. Bloxium may suspend access to the Bloxium API by you or your Application without notice if we reasonably believe that you are in violation of the Terms.
You may stop using our APIs at any time with or without notice. Further, if you want to terminate the Terms, you must provide Bloxium with prior written notice and upon termination, cease your use of the applicable APIs. Bloxium reserves the right to terminate the Terms with you or discontinue the APIs or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.
Your Obligations Post-Termination
Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the Bloxium Brand Features, and delete any cached or stored content that was permitted by the cache header under Section 5. Bloxium may independently communicate with any account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API.
When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, , including but not limited to: Sections 3, 4, 5, 6 and 7.
Licensee shall pay the fees set forth in the service and/or order form and/or agreement. All fees shall be non-refundable, and payable in US dollars on the date they come due. Fees will be payable in the manner specified by Bloxium. If based on Bloxium invoices, such fees shall be payable within fifteen (15) days from the date on the applicable invoice. Licensee shall also pay all sales, use, value-added and other taxes, tariffs and duties of any type assessed against Bloxium except for taxes on Bloxium’s income. Bloxium may disable API or Platform access in the event of a failure to pay.
7. Other Important Terms
The Service and the Bloxium API are provided “as-is”. Bloxium makes no warranties hereunder, and Bloxium expressly disclaims all warranties, express or implied, including warranties of non-infringement, merchantability and fitness for a particular purpose. Without limiting the foregoing, Bloxium further disclaims all representations and warranties, express or implied, that the Service or the Bloxium API satisfies all of your requirements or will be uninterrupted, error-free or free from harmful components.
You shall defend Bloxium against any and all actions, demands, claims and suits (including without limitation product liability claims), and indemnify and hold Bloxium harmless from any and all liabilities, damages and costs (including without limitation reasonable attorneys' fees) to the extent arising out of: (i) your use of the Bloxium API in any manner that is inconsistent with this Agreement; or (ii) the performance, promotion, sale or distribution of your Services. In the event Bloxium seeks indemnification or defense from you under this provision, Bloxium will promptly notify you in writing of the claim(s) brought against Bloxium for which it seeks indemnification or defense. Bloxium reserves the right, at its option and sole discretion, to assume full control of the defense of claims with legal counsel of its choice. You may not enter into any third party agreement, which would, in any manner whatsoever, affect the rights of Bloxium, constitute an admission of fault by Bloxium or bind Bloxium in any manner, without the prior written consent of Bloxium. In the event Bloxium assumes control of the defense of such claim, Bloxium shall not settle any such claim requiring payment from you without your prior written approval.
Limitation of Liability
Bloxium shall have no liability with respect to the Terms, the Bloxium API, the Services or otherwise for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for losses of profits, goodwill, use, data or other intangible losses resulting in any way from the Terms, the Services or the Bloxium API, even if Bloxium has been advised of the possibility of such damages. In any event, Bloxium’s liability to you under the Terms for any reason will be limited to $100 USD. This limitation applies to all causes of action in the aggregate, including breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
Bloxium may update or modify this Agreement, Developer Terms, and other terms and conditions, from time to time at its sole discretion by posting the changes on this site or by otherwise notifying you (such notice may be via email). You acknowledge that these updates and modifications may adversely affect how your Service accesses or communicates with the Bloxium API. If any change is unacceptable to you, your only recourse is to cease all use of the API. Your continued access or use of the API will constitute binding acceptance of the such updates and modifications.