Terms of Use

We're happy you want to use the ACTIVE.com API ("the API"). By using the API and/or widgets, you agree to these terms of use as well as those listed on the www.ACTIVE.com website at http://www.ACTIVEnetwork.com/terms-of-use.htm. If you disagree with any of these you are hereby not granted access to use the API and/or widgets.

ACTIVE reserves the right, from time to time, with or without notice to you, to change these terms of use in its sole and absolute discretion. The most current version of the terms of use will supersede all previous versions. By using of the API after changes are made to the terms of use you agree to be bound by such changes. Your only recourse if you disagree with the terms of use or changes to them is to discontinue use of the API and/or widgets. As such, you should review the terms of use periodically.

Definitions

  1. ACTIVE - a reference to The ACTIVE Network, Inc., located at 10182 Telesis Court, Suite 300, San Diego, CA 92121.  ACTIVE is the company providing the API and/or widgets governed under these terms of use.
  2. API - Application Programming Interface; a set of XML/HTTP(s) based services providing programmatic access to ACTIVE systems and data.
  3. API Key - a unique string identifying an API user (i.e. you) that is passed in an API request.
  4. Application - any client of the API, be it a web site, iPhone application, desktop application, or anything else capable of consuming the API.
  5. You - the developer or organization agreeing to these terms of use.
  6. Widget - an embeddable application that uses the API along with other programming code to to display assets from ACTIVE.com. Includes any widget listed on this web page: http://developer.active.com/widgets

Licensed Use and Restrictions

The API is owned by The ACTIVE Network, Inc. ("ACTIVE"), and is licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable, revocable basis on the terms and conditions set forth herein. These terms of use define legal use of the API, all updates, revisions, substitutions, and any copies of the API made by or for you. All rights not expressly granted to you are reserved by ACTIVE.

Subject to the restrictions outlined in these terms of use, you may use the API and any updates made to it by ACTIVE. Your license to the API under these terms of use continues until it is terminated by either party. You may terminate the license by discontinuing use of the API. ACTIVE may terminate the license at any time for any reason. This license also terminates automatically if you violate any term of these terms of use.

You will:

  1. ensure that the fundamental meaning of the API content is not changed or distorted.
  2. ensure that the use or display of API content does not suggest that ACTIVE promotes or endorses you or any third party or the causes, ideas, web sites, products or services of you or any third party.
  3. create only a single API key per application and said key must accompany all web services requests coming from that application. You can sign up for an API key at http://developer.ACTIVE.com/apps/register. You must provide accurate identification, contact, and other information required as part of the registration process. You WILL NOT create any script or other automated tool that attempts to create multiple API keys.

You will not:

  1. modify or edit any content, headlines, links or metadata included in the API content when presenting it on your application.
  2. include rel="nofollow" when rendering hyperlinked data returned by the API.
  3. display the name, logo, trademark or other identifier of another person (except for ACTIVE.com or you) on your Site in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the API content on your application.
  4. archive any of the API content for access by users at any future date after you have finished using the service or if your account is terminated.
  5. use the API for any commercial purpose or in any product or service that competes with products or services offered by ACTIVE without ACTIVE's prior, express, written permission.
  6. use 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 of personality, or in any manner inconsistent with these terms of use.
  7. use the API to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that the API is not designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which ACTIVE is not responsible.
  8. sell, lease, share, transfer, or sublicense the API access codes thereto or derive income from the use or provision of the API, whether for direct commercial or monetary gain or otherwise, without ACTIVE's prior, express, written permission.
  9.  use the 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 the API documentation located within http://developer.ACTIVE.com as determined by ACTIVE in its sole discretion.
  10. use the API in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia) or materials urging acts of terrorism or violence,goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/ descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories.
  11. Restricted API data: The following data fields may not be used/displayed within your application and/or website: <numRegistered>, <maxRegistrations>, <percentFull>

Attribution

Any URLs which are delivered in the API content that are presented on your site must A) be represented, unaltered, as hyperlinks, B) direct the user, when clicked, to the source web site and C) not include rel="nofollow" so as to allow search engines to follow these links from your site. You will also not frame any web sites linked to by URLs provided in the API.  After all, we're giving you free access to our data, so the least you can do is send traffic back our way.

Additionally, please give us a "hat tip" in your application by displaying the ACTIVE API badge on your site.

The image also needs to link back to http://www.ACTIVE.com.  Use the following code to embed the image on your site (please refer to the Brand Guidelines for specifics about placement and size requirements):

<a href="http://www.ACTIVE.com/">
<img src="http://developer.ACTIVE.com/files/power-by--drk.png" border="0">
</a>

Do:

Do Not:

  • Change, alter, or modify in any way the image of the Web Badge  — including colors, language, appearance, or animations.
  • Make the Web Badge bigger than your own site's name and branding.
  • Use the Web Badge to suggest ACTIVE is responsible for your web site's content, design, language, or topic. We provide data for you to use as raw material; it is not an endorsement of your site.

Support

ACTIVE has no obligation to provide you or your users with support, software upgrades, enhancements, or modifications to the API. You understand and agree that you are solely responsible for providing user support and any other technical assistance for your applications. ACTIVE may redirect users and potential users of your application to the email address on your account for purposes of answering general application inquiries and support questions.

Fees and Payments

ACTIVE reserves the right to charge fees for future use of or access to the API in ACTIVE's sole discretion. If ACTIVE decides to charge for the API, such charges will be disclosed to you prior.

Disclaimer of Any Warranty

Some of the APIs are experimental and have not been tested in any manner.  ACTIVE does not represent or warrant that any APIs are free of inaccuracies, errors, bugs or interruptions, or are reliable, accurate, complete or otherwise valid  The API are provided "as is" with no warranty, express or implied, of any kind and ACTIVE expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement.

Your use of the API is at your own discretion and risk, and you will solely be responsible for any damage that results from the use of the API including, but not limited to, any damage to your computer system or loss of data.

Limitation of Liability

ACTIVE will not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the API, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not ACTIVE has been advised of the possibility of such damages.  Under no circumstances shall ACTIVE be liable to you for any amount.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for indicental or consequential damages.  Accordingly, some of the above limitations of sections 5 and 6 man not apply to you.

Release and Waiver

To the maximum extent permitted by applicable law, you hereby release and waive all claims against ACTIVE, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the API. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

Hold Harmless and Indemnity

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify ACTIVE and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of the API, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. ACTIVE shall use good faith efforts to provide you with written notice of such claim, suit or action.

General Terms

  1. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the terms of use, you and ACTIVE shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other without a prior, express, written agreement between you and ACTIVE. You shall not have any authority to assume or create any obligation for or on behalf of ACTIVE, express or implied, and you shall not attempt to bind ACTIVE to any contract.
  2. Invalidity of Specific Terms. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of such documents remain in full force and effect
  3. Location of Lawsuit and Choice of Law. The terms of use and the relationship between you and ACTIVE shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and ACTIVE agree to submit to the personal jurisdiction of the courts located within the county of San Diego, California.
  4. No Waiver of Rights by ACTIVE. ACTIVE's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
  5. Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the terms of use. Any construction or interpretation to be made of the terms of use shall not be construed against the drafter. The terms of use constitute the entire agreement between ACTIVE and you with respect to the subject matter hereof.