Last revised 20 November 2007

Eventful APIs Terms of Use

Thank you for using the Eventful application programming interfaces (the "Eventful APIs"). By using the Eventful APIs, you agree to these terms of use (the "Terms of Use") and the Eventful Terms of Service ("TOS") located at http://eventful.com/terms. If you disagree with any of the terms below or the TOS, Eventful does not grant you a license to use the Eventful APIs. In the event of any inconsistency between these Terms of Use and the TOS, these Terms of Use control.

Eventful Inc. ("Eventful") reserves the right to update and change, from time to time, these Terms of Use and all documents incorporated by reference. You can always find the most recent version of these Terms of Use at http://api.eventful.com/terms. Eventful may change these Terms of Use by posting a new version without notice to you. Use of the Eventful APIs after such change constitutes acceptance of such changes

  1. Licensed Uses and Restrictions.

    The Eventful APIs are owned by Eventful 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 of Use define legal use of the Eventful APIs, all updates, revisions, substitutions, and any copies of the Eventful APIs made by or for you. All rights not expressly granted to you are reserved by Eventful.

    1. Subject to the restrictions set forth in these Terms of Use, YOU MAY use the Eventful APIs and any updates provided by Eventful (in its sole discretion). Your license to the Eventful APIs under these Terms of Use continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the Eventful APIs. Eventful may terminate the license at any time for any reason. These Terms of Use terminate automatically if (i) you violate any term of these Terms of Use, (ii) Eventful publicly posts a written notice of termination on Eventful's Web site, (iii) Eventful sends a written notice of termination to you, or (iv) Eventful ceases providing access to the Eventful APIs to you.

    2. Unless otherwise specified, use and redistribution of all computer code made available on the Eventful Developer Network is permitted in source and binary forms, with or without modification, subject to the BSD License, Copyright © 2006 by the Open Source Institute. The following conditions must be met:

      1. Redistributions in source code form must contain the copyright notice "Copyright © Eventful Inc. 2007, All Rights Reserved", this list of conditions, and the following disclaimer.

      2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the following disclaimer in the documentation and/or other materials provided with the distribution.

      3. Neither the name of Eventful nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of Eventful.

      DISCLAIMER TO BE INCLUDED WITH EVENTFUL COMPUTER CODE:

      THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

    3. If your product or service uses or is based upon the Eventful APIs, then YOU SHALL comply with the Eventful API Branding Guidelines located at http://api.eventful.com/branding.

    4. You understand that there is a rate limit and a restriction to the data fields displayed per application or service utilizing the Eventful APIs and you agree that you shall comply with that rate limit and restriction to the data fields at all times. The rate limits and retrictions are described in Appendix A below. These rate limits and restrictions are subject to change from time to time at Eventful's sole discretion, effective immediately upon posting. You understand and agree that programmatic methods intended to subvert rate limiting (including maintaining a cache of the data) are considered a violation of these Terms of Use.

    5. YOU SHALL NOT:

      1. use the Eventful APIs 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;

      2. use the Eventful 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, or in any manner inconsistent with the Eventful TOS or these Terms of Use;

      3. use the Eventful APIs to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that the Eventful APIs are 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 Eventful is not responsible;

      4. sell, lease, share, transfer, or sublicense the Eventful APIs or access or access codes thereto or derive income from the use or provision of the Eventful APIs, whether for direct commercial or monetary gain or otherwise, without Eventful's prior, express, written permission; or

      5. use the Eventful APIs 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 Eventful API documentation located within http://api.eventful.com/docs as determined by Eventful in its sole discretion;.

      6. use the Eventful APIs in a product or service that competes with products or services offered by Eventful.

      7. maintain a cache or store using any kind of storage of any set or subset of data accessed using the Eventful APIs.

    6. User Authentication. If you also elect to use the User Authentication, the terms of this Section 1(f) also apply to You.

      1. Eventful takes end user security and privacy very seriously, and You agree to give us all necessary assistance for the operation of Your Application in compliance with these TOU and any applicable laws.

      2. Securing User Consent. You are solely responsible for securing clear, express consent from the user, granting You permission to access such user's Eventful account, including if applicable, retrieving user-specific information, or writing information to such user's account. You will strictly comply with the scope of express consent they granted You when accessing such user's Eventful account.

      3. Contact and Cooperation. You (or the name of the contact You gave to Eventful when You applied for Your application key if it's not You) must be reachable at all times for security questions or concerns. You can change this name or contact by signing up for a new application key, and providing the correct contact information and using the new application key instead. (http://api.eventful.com/keys)

      4. Virus Precautions. All materials, including software and documents, that You provide to Eventful, must be checked with Internet industry standard up-to-date antivirus and anti-worm software, and determined to be virus-free and worm-free. Any data provided to Eventful must not contain harmful scripts or code.

      5. Industry Standards. Your networks, operating system and software of its web server(s), routers, databases, and computer systems must be properly configured to Internet industry standards, as required to securely operate Your Application. If You do not completely control any aspect of the System, You will use all control or influence that You have over such Systems and/or selection of Systems, and You will not architect or select Systems in a manner to avoid the foregoing obligation. An example of an unacceptable server is one that operates as open proxy. An example of architecting in an unacceptable manner would be if You select a server operated by a vendor with substandard security practices, so that You could contend that You do not control such server, in order to avoid having to select an acceptable server.

      6. Reporting. You must promptly report any security deficiencies in or intrusions to Your Systems that You discover to Eventful in writing via email to develop@eventful.com. You will work with Eventful to immediately correct any security deficiency, and will disconnect immediately any intrusions or intruder. In the event of any such security deficiency or intrusion, You will make no public statements (i.e. press, blogs, bulletin boards, etc.) without prior written and express permission from Eventful in each instance.

      7. Control Access to Systems. To the extent You have control or influence over the Systems, You will log (in a time and date-stamped fashion) all instances of access to the Systems. You will encrypt the password and username files for the Systems that store or process any Eventful user data that You are permitted by Eventful to access. Passwords must be unique, unintuitive, and changed often. You will minimize access to and use of the passwords. Wherever possible, commands which require additional privileges should be securely logged (with time and date) to enable a complete audit trail of activities. When an individual terminates his or her employment with You, his or her passwords and access password facilities must be terminated immediately.

      8. Security Reviews. Eventful will have the right, at its own expense, to review, or to have an independent third party that is not Your competitor, to inspect and review Your compliance with these security provisions. You will (at Your own expense) correct any security flaws detected by such a review as soon as possible. You will then promptly certify to Eventful in writing that the security flaw has been corrected, along with a description of the corrective action(s) taken. Eventful will give You 48 hours notice before conducting such a review, and may conduct no more than four reviews annually. Any such review will be conducted during regular business hours in such a manner as not to interfere with normal business activities. If a review reveals a material breach of any of these security provisions, You will reimburse Eventful for the reasonable costs of the review.

  2. Ownership and Relationship of Parties.

    The Eventful APIs may be protected by patents, copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. Eventful's rights apply to the Eventful APIs and all output and executables of the Eventful APIs, excluding any software components developed by you which do not themselves incorporate the Eventful APIs or any output or executables of the Eventful 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 of Use and in the TOS. Eventful owns all rights, title, and interest in and to the Eventful APIs. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by Eventful, including (but not limited to) the Eventful APIs and Eventful trademarks.

  3. Support.

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

  4. Fees and Payments.

    Eventful reserves the right to charge fees for future use of or access to the Eventful APIs or the Eventful services and Web sites (collectively, "Eventful APIs Services") in Eventful's sole discretion. If Eventful decides to charge for the Eventful APIs Services, such charges will be disclosed to you prior.

  5. Disclaimer of Any Warranty.

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

    THE EVENTFUL APIS ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND EVENTFUL 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 EVENTFUL APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY EVENTFUL APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

  6. Limitation of Liability.

    EVENTFUL 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 EVENTFUL 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 EVENTFUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL EVENTFUL BE LIABLE TO YOU FOR ANY AMOUNT.

  7. 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 5 AND 6 MAY NOT APPLY TO YOU.

  8. Release and Waiver.

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

  9. Hold Harmless and Indemnity.

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

  10. General Terms.

    1. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and Eventful 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 Eventful, express or implied, and you shall not attempt to bind Eventful 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 Eventful shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Eventful agree to submit to the personal jurisdiction of the courts located within the county of San Diego, California.

    4. No Waiver of Rights by Eventful. Eventful'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 Eventful and you with respect to the subject matter hereof.

  11. Appendix A

    Rate Limit that applies to all intended uses of the API:

    The amount of the rate limit is 30,000 API calls per day. API calls to add an event, venue, performer or demand have no limit and are not included in your daily API call count. Please contact bizdev@eventful.com for waivers to this rate limit.

    For applications intended to be used on web browsers running on a PC or Laptop:

    Applications may display event title, event date, event time, event country, event city, and event state. The event must include a link to the details associated with that event on http://eventful.com. If you wish to display any other data fields you must contact bizdev@eventful.com for licensing information.

    For other applications intended to be used on other kinds of devices including mobile devices, mobile phone, auto applications, etc.:

    Please contact bizdev@eventful.com for licensing information