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Thank you for using the aNobii application programming interfaces (the "aNobii APIs"). By using the aNobii APIs, you agree to the terms below. If you disagree with any of these terms, aNobii does not grant you a license to use the aNobii APIs. We reserve the right to update and change these terms from time to time without notice. You can always find the most recent version of these terms here http://api.anobii.com/api_term_of_use.

Your license to the aNobii APIs under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the aNobii APIs. aNobii may terminate the license at any time for any reason. Your rights to use the aNobii APIs terminate automatically if (i) you violate any of these terms, (ii) aNobii publicly posts a written notice of termination on aNobii.com, (iii) aNobii sends a written notice of termination to you, or (iv) aNobii disables access to the aNobii APIs to you.

1. Licensed Uses and Restrictions.

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

a. You shall:

  1. Comply with the aNobii Terms of Use at http://www.anobii.com/terms_of_service.
  2. If you use the Authentication APIs, insert a standard header that we will provide into pages you build that access the aNobii API. It's important to us that users have an easy way to return to aNobii if they wish, and have some reference point (the logo) to show them that they're still connected to aNobii.
  3. Disclose in your application through a privacy policy or otherwise displayed in the footer of each page, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

b. You shall not:

  1. Use aNobii APIs for any application that replicates or attempts to replace the essential user experience of aNobii.com.
  2. Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use aNobii APIs.
  3. Cache or store any aNobii user contents other than for reasonable periods in order to provide the service you are providing to aNobii users.
  4. Use aNobii APIs for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
  5. Use aNobii APIs 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.
  6. Use aNobii APIs in a manner that adversely impacts the stability of aNobii.com servers or adversely impacts the behavior of other applications using the aNobii APIs.
  7. Sell, lease, or sublicense aNobii APIs or access thereto or derive revenues from the use or provision of aNobii APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.

2. Commercial Use

a. Rules and Restrictions.

If the primary purpose of your application is to derive revenue, it is considered a commercial application. aNobii reserves the right to make these evaluations at the time that you apply for the license. aNobii may also monitor your site or application over time to ensure continued compliance with the appropriate type of API key.

If you're in doubt about whether your application is commercial, here are a few common examples of commercial use that may provide you some guidance:

  1. Users are charged a fee for your product or service which includes some sort of integration using the aNobii APIs.
  2. You sell services to aNobii users and use the APIs to bring users' aNobii content into your service.
  3. Your site is a "destination" site that uses aNobii contents to drive traffic and generate ad revenue.

b. Application for a Commercial API Key.

If you want to apply for a commercial API key, go to the following form to see what information you need to provide: http://api.anobii.com/api_key_add. You can't be too specific about your intended use of the aNobii Commercial API! Lack of specificity or supporting information could delay your application indefinitely (or even cause us to think too much and forget to answer!) When in doubt, it's always better to include more detail about your application. Please note that in some cases we may grant your request for a commercial API key subject to your payment of fees, such as to help cover infrastructure costs.

3. Attribution.

  1. You shall not use "aNobii" in the hostname of your application, i.e. aNobii.mydomain.com
  2. You shall place the following notice prominently on your application: "This product uses the aNobii API but is not endorsed or certified by aNobii."
  3. You may not use the aNobii logo without specific written permission from aNobii.
  4. Any use of the aNobii logo in your application shall be less prominent than the logo or mark that primarily describes the application and your use of the aNobii logo shall not imply any endorsement by aNobii.

4. Ownership and Relationship of Parties.

The aNobii APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. aNobii's rights apply to the aNobii APIs and all output and executables of the aNobii APIs, excluding any software components developed by you which do not themselves incorporate the aNobii APIs or any output or executables of the aNobii APIs. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. aNobii owns all rights, title, and interest in and to the aNobii APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by aNobii, including (but not limited to) the aNobii APIs and aNobii trademarks.

5. Support.

aNobii may elect to provide you with support or modifications for the aNobii APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. aNobii may change, suspend, or discontinue any aspect of the aNobii APIs at any time, including the availability of any aNobii APIs. aNobii may also impose limits on certain features and services or restrict your access to parts or all of the aNobii APIs or the aNobii Web site without notice or liability.

6. Fees and Payments.

aNobii is committed to free and open access to our APIs for commercial and non-commercial purposes. However, providing the APIs does have real costs for aNobii. For uses of aNobii APIs over a certain rate or for certain types of commercial applications, aNobii reserves the right to charge fees for future use of or access to the aNobii APIs.

7. Disclaimer of Any Warranty.

SOME OF THE ANOBII APIS MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. ANOBII DOES NOT REPRESENT OR WARRANT THAT ANY ANOBII APIS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

THE ANOBII APIS ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND ANOBII EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.

YOUR USE OF ANOBII APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY ANOBII APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

8. Limitation of Liability.

ANOBII SHALL 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 ANOBII APIS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT ANOBII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL ANOBII BE LIABLE TO YOU FOR ANY AMOUNT.

9. Exclusions and Limitations.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.

10. Release and Waiver.

To the maximum extent permitted by applicable law, you hereby release and waive all claims against aNobii, 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 aNobii APIs. 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.

11. Hold Harmless and Indemnity.

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify aNobii 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 aNobii APIs, 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. aNobii shall use good faith efforts to provide you with written notice of such claim, suit or action.

12. General Terms.

  1. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and aNobii shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of aNobii, express or implied, and you shall not attempt to bind aNobii 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 aNobii shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and aNobii agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California.
  4. No Waiver of Rights by aNobii. aNobii'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 aNobii and you with respect to the subject matter hereof.
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