API Terms of Usage
Summary
Digiguide maintains an open platform that supports those people who want to invent and discover new ways of consuming TV content. We want to empower our ecosystem partners to build valuable propositions around the information distributed by Digiguide. At the same time, we aim to strike a balance between encouraging interesting development and protecting both Digiguide's and users' rights.
So, we've come up with a set of Developer Rules of the Road ("Rules") that describes the policies and philosophy around what type of innovation is permitted with the content and information distributed by Digiguide.
The Rules will evolve along with our ecosystem as developers continue to innovate and find new, creative ways to use the Digiguide API, so please check back periodically to see the current version. Don't do anything prohibited by the Rules and talk to us if you think we should make a change or give you an exception.
I. Content
1. All use of the Digiguide API and content, documentation, code, and related materials made available to you on or through Digiguide ("Digiguide Content") is subject to and must comply with these Rules.
2. You may use the Digiguide API and Digiguide Content in connection with the products or services you provide (your "Service") to search, display, analyse, retrieve and view Digiguide Content. You must use the Digiguide.tv name or logos and other brand elements that Digiguide makes available in order to identify the source of Digiguide Content ("Digiguide Marks") subject to these Rules.
3. Your use of the Digiguide API and Digiguide Content are subject to certain limitations on access, calls, and use as set forth in the Rules or as otherwise provided to you by Digiguide. If Digiguide believes that you have attempted to exceed or circumvent these limitations, your ability to use the Digiguide API and Digiguide Content may be temporarily or permanently blocked. Digiguide may monitor your use of the Digiguide API to improve the Digiguide service and to ensure your compliance with these Rules. In order to ensure visibility and enforcement of these Rules, you may not use a single application API key for multiple use cases, and you may not use multiple application API keys for the same use case.
4. You will not attempt or encourage others to:
- sell, rent, lease, sublicense, redistribute, or syndicate access to the Digiguide API or Digiguide Content to any third party without prior written approval from Digiguide.
- store or archive any Digiguide Content except for temporary caching purposes.
- modify the Digiguide Content except where it is clear you have done so.
- remove or alter any proprietary notices or marks on the Digiguide API or Digiguide Content.
- use or access the Digiguide API for purposes of monitoring the availability, performance, or functionality of any of Digiguide's products and services or for any other benchmarking or competitive purposes.
- use Digiguide Marks in a manner that creates a sense of endorsement, sponsorship, or false association with Digiguide. You may not use Digiguide Marks as part of the name of your company or Service, or in any product, service, name field or logos created by you. All use of Digiguide Marks, and all goodwill arising out of such use, will inure to Digiguide's benefit.
- display Digiguide Content in a negative manner.
You must:
- display a prominent link or button in your Service that directs new users to https://digiguide.tv.
- if any user personalisation is required in your app, you must use the Account and Login API end points of the Digiguide API.
5. You do not have a license to Digiguide Content or user personalisation submitted through your Service other than the rights granted in the Rules.
II. Principles
You agree that you and your Service will follow these three principles:
- Don't surprise users
- Respect user privacy
- Be a good partner to Digiguide
1. Don't surprise users
- You must maintain the integrity of Digiguide Content (such as channel information and scheduled events).
- Get users' permission before modifying their profile information or taking account actions on their behalf.
- You must use the Digiguide API for any user personalisation so that their settings can be synced with other applications.
- Your Service should not:
- use business names and/or logos in a manner that can mislead, confuse, or deceive users. For more information on use of Digiguide Marks, see our trademark rules
- confuse or mislead users about the source or purpose of your application.
- use as its Application Website URL: an unrelated URL, a site intended to entice or encourage users to violate the Digiguide Rules, a spam or malware site, or a shortened URL to mask the true destination.
- replicate, frame, or mirror the Digiguide website or its design.
- impersonate or facilitate impersonation of others in a manner that can mislead, confuse, or deceive users.
2. Respect user privacy
- Your Service must display and comply with a privacy policy that is presented before download, installation or sign up (as applicable) that clearly discloses what you are doing with information you collect from users. 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. Your privacy policy should also provide information about user options for cookie management and the Do Not Track setting in supporting web browsers.
- You should not solicit another developer's Application IDs especially if they will be stored or used for actions outside of that developer's control. Keys that are compromised will be reset by Digiguide.
- Do not facilitate or encourage the publishing of private or confidential information.
- Do not store Digiguide passwords.
3. Be a good partner to Digiguide
- Respect the features and functionality embedded with or included in Digiguide Content or the Digiguide API. Do not attempt to interfere with, intercept, disrupt, filter, or disable any features of the Digiguide API or Digiguide service.
- If your application causes or induces user accounts to violate the Rules (for example, by archiving content etc.), it may be suspended or terminated.
- Respect the intellectual property rights of others.
- Digiguide may suspend or revoke access if we believe you are in violation of the Rules or the spirit of these principles. If you are suspended, you are forbidden to apply for or register additional API keys.
III. Commercial Use
It is our goal to provide you, our ecosystem partner, with a policy that is clear and transparent about what you can do to monetize your Service. This is best summed up in two principles:
- respect the user -- use the Digiguide API for any personalisation.
- respect the content -- do not modify, store or sell the Digiguide Content.
- Digiguide Ads. Digiguide reserves the right to serve advertising via its APIs ("Digiguide Ads")..
- Advertising Around Digiguide Content
- We encourage you to create advertising opportunities around Digiguide content that are compliant with these Rules.
- You may generally advertise around and on sites that display Digiguide Content, but you may not place any advertisements within the Digiguide content on your Service other than Digiguide Ads.
- Your advertisements cannot resemble or reasonably be confused by users as Digiguide Content.
- You may advertise in close proximity to the Digiguide Content (e.g., banner ads above or below Digiguide Content), but there must be a clear separation between Digiguide Content and your advertisements.
- Using Digiguide Content. Get the users' permission before:
- using their content on a commercial durable good or product (for example, using a 'like' on a t-shirt or a poster);
- creating an advertisement that implies the sponsorship or endorsement on behalf of the user.
IV. Other Legal Terms
1. Termination.
You may terminate any license in these Rules at any time by ceasing your access to the Digiguide API and use of any Digiguide Content, and deleting all copies of the Digiguide API and Digiguide Content as described below. Digiguide may immediately suspend your access to the Digiguide API or any Digiguide Content (or if necessary, terminate this agreement with you) at any time, and without notice to you if you breach any term or condition in the Rules or otherwise engage in activities that Digiguide reasonably determines are likely to cause liability to Digiguide. Digiguide may also terminate any licenses hereunder for any reason (including by email to the address associated with your account). Digiguide will not be liable for any costs, expenses, or damages as a result of its termination of this agreement. Upon termination of this agreement, you will promptly cease accessing and using the Digiguide API and Digiguide Content and will delete all Digiguide Content and any information derived therefrom and all copies and portions thereof, in all forms and types of media from your Service. Sections I(4) and IV of these Rules will survive the termination of this agreement.
2. Confidentiality.
You may be given access to certain non-public information, software, and specifications relating to the Digiguide API ("Confidential Information"), which is confidential and proprietary to Digiguide. You may use this Confidential Information only as necessary in exercising your rights granted in these Rules. You may not disclose any of this Confidential Information to any third party without Digiguide's prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.
3. Ownership; Feedback.
3.1 Digiguide. You expressly acknowledge that Digiguide and its end users retain all worldwide right, title and interest in and to the Digiguide Content, including all intellectual property rights therein. You also acknowledge that as between you and Digiguide, Digiguide owns all right, title and interest in and to the Digiguide API, Digiguide Marks, and the Digiguide service (and any derivative works or enhancements thereof), including but not limited to all intellectual property rights therein. You agree not to do anything inconsistent with such ownership. Any rights not expressly granted herein are withheld. You agree that you will not challenge Digiguide's ownership of, the validity of any license to use, or otherwise copy or exploit the Digiguide Marks during or after the termination of this agreement except as specifically authorized herein. If you acquire any rights in the Digiguide Marks or any confusingly similar marks, by operation of law or otherwise, you will, at no expense to Digiguide, immediately assign such rights to Digiguide.
3.2 You. As between you and Digiguide, you retain all worldwide right, title and interest in and to your Service, excluding the Digiguide API, Digiguide Marks, and the Digiguide Service (and any derivative works or enhancements thereof), including but not limited to all intellectual property rights therein. You may provide Digiguide with comments concerning the Digiguide Content or Digiguide API or your evaluation and use thereof. You agree that Digiguide and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense, incorporate, and otherwise use the feedback, including derivative works thereto, for any and all commercial and non-commercial purposes with no obligation of any kind to you.
4. Updates.
Digiguide may update or modify the Digiguide API, Rules, 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 Digiguide API. If any change is unacceptable to you, your only recourse is to terminate this agreement by ceasing all use of the Digiguide API and Digiguide Content. Your continued access or use of the Digiguide API or any Digiguide Content will constitute binding acceptance of the change.
5. Representations and Warranties; Disclaimer.
5.1 Representations and Warranties. You represent and warrant that:
- you have the necessary power and authority to enter into this agreement, and that the performance of your obligations will not constitute a breach or otherwise violate any other agreement or the rights of any third party arising therefrom;
- you will maintain throughout the term of this agreement all rights and licenses that are required with respect to your Service; and
- your Service and its use, distribution, sale and license, including the use of any license hereunder, does and will continue to comply with all applicable foreign, federal, state, and local laws, rules, and regulations.
5.2 Disclaimer. THE DIGIGUIDE CONTENT, DIGIGUIDE API, AND ANY OTHER DIGIGUIDE PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND ON AN "AS-AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. DIGIGUIDE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DIGIGUIDE DOES NOT WARRANT THAT THE DIGIGUIDE CONTENT AND DIGIGUIDE API AND ANY OTHER DIGIGUIDE PRODUCTS AND SERVICES PROVIDED HEREUNDER WILL MEET ALL OF YOUR REQUIREMENTS OR THAT USE OF SUCH DIGIGUIDE CONTENT AND DIGIGUIDE API BE ERROR-FREE UNINTERRUPTED, VIRUS-FREE, OR SECURE.
6. Limitation of Liability.
IN NO EVENT WILL DIGIGUIDE BE LIABLE TO YOU 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 OR YOUR USE OF THE DIGIGUIDE API, DIGIGUIDE CONTENT, OR OTHER DIGIGUIDE PRODUCTS AND SERVICES WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE 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 ITS ESSENTIAL PURPOSE. IN ANY CASE, DIGIGUIDE'S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED POUNDS STERLING (£100) OR THE AGGREGATE FEES YOU PAID FOR ACCESS TO THE DIGIGUIDE API IN THE LAST YEAR.
7. Indemnification.
You will indemnify, defend, and hold Digiguide, its subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys' fees) brought by a third party arising out of or in connection with: (a) any act or omission by you, in connection with your use of the Digiguide Content, the Digiguide API, or the Digiguide Marks; (b) your use of the Digiguide Content, the Digiguide API, or the Digiguide Marks other than as expressly allowed by this agreement; (c) your breach or alleged breach of any of the terms, restrictions, obligations or representations under this agreement; or (d) your Service. You will assume control of the defense and settlement of any claim subject to indemnification by you. Digiguide may, however, at any time elect to take over control of the defense and settlement of any such claim. In any event, you will not settle any such claim without Digiguide's prior written consent.
8. Miscellaneous.
These Rules constitute the entire agreement among the parties with respect to the subject matter and supersedes and merges all prior proposals, understandings and contemporaneous communications. Any modification to the Rules by you must be in a writing signed by both you and Digiguide. You may not assign any of the rights or obligations granted hereunder, voluntarily or by operation of law (including without limitation in connection with a merger, acquisition, or sale of assets) except with the express written consent of Digiguide, and any attempted assignment in violation of this paragraph is void. This agreement does not create or imply any partnership, agency or joint venture. This agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. This Agreement is governed by and construed in accordance with the laws of England and Wales and the English courts shall have exclusive jurisdiction. No waiver by Digiguide of any covenant or right under this agreement will be effective unless memorialized in a writing duly authorized by Digiguide. If any part of this agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of this agreement will remain in full force and effect.