Ticketleap API Terms of Use

Last Updated: September 10, 2012

Thank you for using the Ticketleap, Inc. ("Ticketleap" or "we") application programming interfaces and associated tools and documentation (including all updates and other modifications thereto, the "Ticketleap APIs") to create a website or software application (including all components and content thereof, your "Application"), which will display and use certain data and content made available through the Ticketleap API (the "Content") or Ticketleap's website located at www.Ticketleap.com (the "Website").

By using the Ticketleap APIs, you agree to these terms of use (these "Terms of Use") and the Ticketleap Terms of Service ("TOS") the Privacy Policy, and, as applicable, the Ticket Purchasing Agreement (the "Purchasing Agreement") and/or Ticketing Services Agreement (the TOS, Privacy Policy, Purchasing Agreement and Ticketing Services Agreement collectively, the "User Agreements"). If you disagree with any of the terms below or the User Agreements, Ticketleap does not grant you a license to use the Ticketleap APIs. In the event of any inconsistency between these Terms of Use and the User Agreements, these Terms of Use control.

Here are the basic rules governing your use of the Ticketleap APIs

Ownership - The Content transmitted in connection with the Ticketleap APIs belongs to Ticketleap's customers and/or Ticketleap. Please keep this in mind as you plan your Application. Don't do anything that would undermine the Content. Don't use the Content for any commercial use or purpose, such as charge anyone to access or to use it or sell ads based upon it, without getting written permission from us first.
Rate Limits - We do not have a specific limit to the number of API calls per day, however Ticketleap reserves the right to implement limits at any time and from time to time without prior notice, and to restrict calls in our sole discretion. Please bundle your calls and space them out if possible.
Hidden Events - You cannot display or make available any Content regarding any hidden event.
Branding - Ticketleap's trademarks, logos & colors are our brand. We love that you are working with us, but unless you have written permission from us, please use your own name, company name or app name instead of ours.
Responsibility - You are responsible for your Application and any use of your Application. Among other things, this means that you are responsible for maintaining your own user agreement and privacy policy for users of your Application. Your user agreement must permit you and the users of your Application to comply with these Terms of Use and the User Agreements (including Ticketleap's Privacy Policy). Your privacy policy must be at least as stringent and user-friendly as Ticketleap's Privacy Policy. In general, we expect you to be thoughtful and considerate and not abuse users' data.

Now onto the other legal provisions of these Terms of Use

Ticketleap reserves the right to update and change, from time to time, these Terms of Use and all documents incorporated by reference herein. You can always find the most recent version of these Terms of Use at http://developer.Ticketleap.com/terms [confirm link]. Ticketleap may change these Terms of Use by posting a new version without notice to you. Use of any Ticketleap APIs after such change constitutes acceptance of such changes. As such, you should review these Terms of Use periodically and check the "Last Updated" date at the top of this document to familiarize yourself with the most recent version of these Terms of Use.

LICENSE AND RESTRICTIONS

License. Subject to the terms and conditions hereof, Ticketleap grants to you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license under Ticketleap's intellectual property rights to use the Ticketleap APIs to develop, test, and support your Application, and to distribute or allow access to your integration of the Ticketleap APIs within your Application to end users of your Application. You have no right to distribute or allow access to the stand-alone Ticketleap APIs. All rights not expressly granted to you are reserved by Ticketleap.

Termination of License. You may terminate the license by discontinuing use of all or any of the Ticketleap APIs. Ticketleap may terminate the license at any time for any reason or no reason. The license terminates automatically if (i) you violate any term of these Terms of Use, (ii) Ticketleap publicly posts a written notice of termination on Ticketleap's Website, (iii) Ticketleap sends a written or e-mail notice of termination to you, or (iv) Ticketleap ceases providing access to the Ticketleap APIs to you.

There may be rate limits and/or restrictions to the data fields displayed per application or service utilizing the Ticketleap APIs implemented by Ticketleap from time to time of which you may (but need not) be notified. If such limits or restrictions are implemented, you agree that you shall comply with such limits and restrictions, as applicable, at all times. Any rate limits and/or restrictions implemented are subject to change from time to time at Ticketleap's sole discretion, effective immediately upon posting. Your use of any methods intended to subvert rate limiting that may be implemented (including maintaining a cache of the data) is a violation of these Terms of Use.

Restrictions. As a condition to (and a material inducement and consideration for) Ticketleap granting you the right to access and use the Ticketleap APIs, YOU SHALL NOT:

use the Ticketleap 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 or other sexually explicit content, prostitution, body parts and bodily fluids, other offensive or indecent content or materials, 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, the resale of non-transferable items such as non-transferable airline tickets or non-transferable event tickets, non-packaged food items, weapons and accessories;
use the Ticketleap APIs in any manner or for any purpose that violates any law or regulation (including without limitation any laws or regulations regarding the sale or resale of tickets, whether in regard to licensure requirements, maximums or limits on ticket prices, or otherwise) or any right of any person (including but not limited to intellectual property rights, rights of privacy, or rights of publicity or personality), or in any manner inconsistent with the User Agreements, Ticketleap's Privacy Policy or these Terms of Use;
use the Ticketleap APIs to operate any mission critical application where human life or property may be at stake;
reverse engineer, sell, lease, share, transfer, or sublicense the Ticketleap APIs or access or access codes thereto or attempt to derive the underlying source codes, algorithms and/or protocols therefor, use the Ticketleap APIs to build a similar or competitive product or merge or bundle them with another product, or derive income from the use or provision of the Ticketleap APIs, whether for direct commercial or monetary gain or otherwise, without Ticketleap's prior, express, written permission; or
use the Ticketleap APIs in competition with Ticketleap, or to develop any product or service that may compete with products or services offered by Ticketleap, or for the purposes of solicitation to or lead generation from Ticketleap clients and customers. Any violation of this section will be strictly enforced, considered, among other things, a breach of this agreement, a violation of applicable fair trade practices, copyright infringement, tortious interference with contract and customer relations (and prospective customer relations). Ticketleap will pursue all available remedies in the event of a breach of this restriction;
remove or alter any legal, copyright, trademark, watermark or other proprietary rights notice contained in or on Ticketleap Materials (as defined below);

Security

Overview. Ticketleap 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 Terms of Use and any applicable laws.
Securing User Consent. You shall secure, and are solely responsible for securing, clear, express consent from the user granting you permission to access such user's Ticketleap 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 granted you when accessing such user's Ticketleap account.
Contact and Cooperation. You (or the name of the contact you gave to Ticketleap when you applied for your application key not you) must be reachable at all times for security questions or concerns. You can change this name or contact in your Ticketleap account.
Virus Precautions. All materials, including your Application and other software and documents, that you provide to Ticketleap, must be checked with Internet industry standard up-to-date antivirus and anti-worm software, and determined to be virus-free and worm-free. You represent and warrant that any software, data or other content provided by you to Ticketleap will not contain harmful scripts or code.
Industry Standards. Your networks, operating system and software of web server(s), routers, databases, and computer systems (collectively, the "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 Systems, you will use all control or influence that you have over the Systems and/or selection of components thereof, and you will not architect or select the Systems or components thereof 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;
Reporting. You must promptly report any security deficiencies in or intrusions to the Systems that you discover to Ticketleap in writing via our support center at https://help.ticketleap.com/. You will work with Ticketleap 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 Ticketleap in each instance.
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 Ticketleap user data. 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.
Security Reviews. Ticketleap 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 Ticketleap in writing that the security flaw has been corrected, along with a description of the corrective action(s) taken. Ticketleap 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 Ticketleap for the reasonable costs of the review.

No Exclusivity. You acknowledge and agree that these Terms of Use and the license and other rights granted herein do not create an exclusive relationship between you and Ticketleap. Ticketleap may, or may engage or permit others to, develop applications that are the same or similar to your Application for any purpose, including without limitation any commercial purpose.

OWNERSHIP AND RELATIONSHIP OF PARTIES

As between you and Ticketleap, Ticketleap owns all rights, title, and interest (including without limitation all copyright, patent and intellectual property rights throughout the world) in and to the (i) Ticketleap APIs, and all executables of the APIs; (ii) the Content; and (iii) the Website (together with all components thereof, collectively, the "Ticketleap Materials"). Except for the express licenses granted in these Terms of Use, Ticketleap does not grant you any right, title or interest in the Ticketleap Materials. You agree to take such actions as Ticketleap may reasonably request to effect, perfect or confirm Ticketleap's rights to the Ticketleap Materials. If you provide Ticketleap with any suggestions, comments or other feedback ("Feedback") relating to the Ticketleap Materials, Ticketleap may freely use, reproduce, license, distribute and otherwise exploit such Feedback.

You represent and warrant to Ticketleap that the use by Ticketleap and its users of your Application will not violate the rights of any third party (e.g., any intellectual property or other proprietary right), or any applicable law. You hereby grant to Ticketleap a paid-up, royalty-free, nonexclusive, worldwide irrevocable, transferable, sublicensable right and license, under all of your intellectual property rights, to copy, use, perform, and display your Application and its content for purposes of marketing, demonstrating, and making your Application available to users. Following the termination of the license granted to you herein and upon written request from you, Ticketleap shall use reasonable efforts, as determined in its sole discretion, to remove all references and links to your Application from the Website and Ticketleap service.

You agree that Ticketleap may use your company, organization, Application or product name and/or logo in presentations, marketing materials, customer lists, financial reports, website listings of customers, research and marketing case studies and other marketing-related activities. You may not issue any public announcement regarding your use of the Ticketleap APIs which suggests partnership with Ticketleap without Ticketleap's prior review and written approval, at Ticketleap's sole discretion.

SUPPORT

Ticketleap may elect to provide you with support or modifications for the Ticketleap APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Ticketleap may change, suspend, or discontinue any aspect of the Ticketleap APIs at any time, including the availability of any Ticketleap APIs. Your continued use of the Ticketleap APIs following a change or subsequent release will be deemed your acceptance of such modifications. Ticketleap may also impose limits on certain features and services or restrict your access to parts or all of the Ticketleap APIs or the Website without notice or liability.

FEES AND PAYMENTS

Ticketleap reserves the right to charge fees for future use of or access to the Ticketleap Materials in Ticketleap's sole discretion. If Ticketleap decides to charge for any Ticketleap Materials, you do not have any obligation to continue to use such Ticketleap Materials.

DISCLAIMER OF ANY WARRANTY

TICKETLEAP DOES NOT REPRESENT OR WARRANT THAT ANY TICKETLEAP MATERIALS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE TICKETLEAP MATERIALS ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND TICKETLEAP 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, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, TITLE AND/OR NON-INFRINGEMENT.

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

LIMITATION OF LIABILITY

TICKETLEAP (AND ITS SUCCESSORS AND ASSIGNS) SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE TICKETLEAP MATERIALS OR YOUR APPLICATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, INCLUDING ANY DAMAGES FOR LOST PROFITS, REVENUES, SALES OR DATA, WHETHER OR NOT TICKETLEAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING IS NOT ENFORCEABLE, UNDER NO CIRCUMSTANCES SHALL TICKETLEAP BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF ONE HUNDRED DOLLARS (US$100).

EXCLUSIONS AND LIMITATIONS

THE FOREGOING DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

RELEASE AND WAIVER

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

HOLD HARMLESS AND INDEMNITY

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Ticketleap and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals) resulting from any third party claim, action or proceeding ("Claim") arising from or in any way related to your use of any Ticketleap Materials or the development, distribution, sale or use of your Application. At Ticketleap's option, you shall assume control of the defense and settlement of any such Claim, provided that Ticketleap may at any time thereafter elect to take over control of the defense and settlement of any such Claim, and in any event, you shall not settle any such Claim without Ticketleap's prior written consent.

CONFIDENTIALITY

You shall not disclose your developer passwords or other credentials to any third party. In addition, you shall not disclose Ticketleap Confidential Information to any third party without Ticketleap's prior written consent. "Ticketleap Confidential Information" means all non-public Ticketleap software, technology, programming, documentation and specifications relating to the Ticketleap APIs, and any other information designated in writing by Ticketleap as "Confidential" or an equivalent designation. Ticketleap Confidential Information does not include information that has become publicly known through no breach by you, or information that has been (a) independently developed without access to Ticketleap Confidential Information as evidenced in writing; (b) rightfully received by you from a third party who has the lawful right to disclose such information; or (c) required to be disclosed by law or by a governmental authority. You acknowledge and agree that the Ticketleap Confidential Information constitutes trade secrets of Ticketleap which Ticketleap has invested substantial time and resources to develop and from whose secrecy Ticketleap derives a substantial competitive advantage. Furthermore, you agree that any breach of this paragraph, or of your obligations in the "License and Restrictions" section above, would cause irreparable harm to Ticketleap, which could not be adequately compensated through monetary damages alone, and that, accordingly, Ticketleap is entitled to injunctive relief and a decree of specific performance (in addition to any other available remedies) to restrain any actual or threatened breach of these provisions, without the necessity of posting bond.

GENERAL TERMS

Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and Ticketleap 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 Ticketleap, express or implied, and you shall not attempt to bind Ticketleap to any contract.
Invalidity of Specific Terms. If any provision of these 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.
Location of Lawsuit and Choice of Law. These Terms of Use and the relationship between you and Ticketleap shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You and Ticketleap agree to submit to the exclusive personal jurisdiction and venue of the courts located within the county of Philadelphia, Pennsylvania (provided, however, that Ticketleap may seek equitable relief from any court of competent jurisdiction to protect the Ticketleap Confidential Information or its intellectual property rights, or to restrain any actual or threatened breach of the "License and Restrictions" section above).
No Waiver of Rights by Ticketleap. Ticketleap's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
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 these Terms of Use. Any construction or interpretation to be made of these Terms of Use shall not be construed against the drafter. These Terms of Use constitute the entire agreement between Ticketleap and you with respect to the subject matter hereof.
No Assignment. These Terms of Use are not assignable by you. Ticketleap may assign its rights hereunder in whole or in part.