By using the Budget Your Trip application programming interfaces ("Budget Your Trip APIs"), you agree to the terms below. If you disagree with any of these terms, Budget Your Trip does not grant you a license to use the Budget Your Trip 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://www.budgetyourtrip.com/api/v3/documentation/terms.
Your license to the Budget Your Trip APIs under these terms continues until it is terminated by either party. You may terminate the license with written notice to Budget Your Trip, LLC and by discontinuing use of all of the Budget Your Trip APIs. Budget Your Trip may terminate the license at any time for any reason. Your rights to use the Budget Your Trip APIs terminate automatically if (i) you violate any of these terms, (ii) Budget Your Trip publicly posts a written notice of termination on Budget Your Trip.com, (iii) Budget Your Trip sends a written notice of termination to you, or (iv) Budget Your Trip disables your access to the Budget Your Trip APIs.
1. Licensed Uses and Restrictions.
The Budget Your Trip APIs are owned by Budget Your Trip 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 Budget Your Trip APIs, including all updates, revisions, substitutions, and any copies of the Budget Your Trip APIs made by or for you. All content, information, data, and media obtained from either the Budget Your Trip APIs or Budget Your Trip website ("the Data") are the property of Budget Your Trip. All rights not expressly granted to you are reserved by Budget Your Trip.
By using the Budget Your Trip API, you shall:
- Comply with the terms of any agreement or contract made between you, your organization, and Budget Your Trip, LLC.
- Remove from your application within 72 hours any Data or other information that Budget Your Trip asks you to remove.
You shall not:
- Use the Budget Your Trip APIs for any application that replicates or attempts to replace the essential user experience of the Budget Your Trip website or the Budget Your Trip apps.
- Share your Budget Your Trip API access credentials with anyone outside of your organization.
- Use the Budget Your Trip APIs to spam, incentivize, or harass users.
- Participate in any "like", "share", "comment", or "follower" exchange programs.
- Use the Budget Your Trip APIs to post automated content to Budget Your Trip, including likes and comments that were not initiated and entered by an Budget Your Trip user.
- Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use Budget Your Trip APIs.
- Use an unreasonable amount of bandwidth from the Budget Your Trip APIs.
- Cache or store any Data or other content from the Budget Your Trip APIs other than for reasonable periods in order to provide the service you are providing to users.
- Change, edit, alter, or modify any Data obtained from the Budget Your Trip APIs.
- Use the Budget Your Trip APIs for any application that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.
- Use the Budget Your Trip APIs in any manner or for any purpose that violates any law or regulation, or any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
- Use the Budget Your Trip APIs in a manner that adversely impacts the stability of Budget Your Trip servers or adversely impacts the behavior of other applications using the Budget Your Trip APIs. Further, we reserve the right to rate limit or block applications that make a large number of calls to the API that are not primarily in response to direct user actions.
- Sell, lease, or sublicense the Budget Your Trip APIs or access thereto or derive revenues from the use or provision of the Budget Your Trip APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.
2. Brand Assets.
Use of Budget Your Trip's brand assets (e.g., the Budget Your Trip name and logo) is governed by Budget Your Trip, LLC, which are available upon request.
3. Ownership and Relationship of Parties.
The Budget Your Trip 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. Budget Your Trip's rights apply to the Budget Your Trip APIs and all output and executables of the Budget Your Trip APIs, excluding any software components developed by you which do not themselves incorporate the Budget Your Trip APIs or any output or executables of the Budget Your Trip 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. Budget Your Trip owns all rights, title, and interest in and to the Budget Your Trip APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Budget Your Trip, including (but not limited to) the Budget Your Trip APIs and Budget Your Trip trademarks.
Budget Your Trip may elect to provide you with support or modifications for the Budget Your Trip APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Budget Your Trip may change, suspend, or discontinue any aspect of the Budget Your Trip APIs at any time, including the availability of any Budget Your Trip APIs. Budget Your Trip may also impose limits on certain features and services or restrict your access to parts or all of the Budget Your Trip APIs or the Budget Your Trip Web site without notice or liability.
5. Fees and Payments.
Budget Your Trip reserves the right to charge fees for use of or access to the Budget Your Trip APIs.
6. Disclaimer of Any Warranty.
Some of the Budget Your Trip APIs may be experimental and not tested in any manner. Budget Your Trip does not represent or warrant that any Budget Your Trip APIs are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid.
The Budget Your Trip APIs are provided "as is" with no warranty, express or implied, of any kind and Budget Your Trip 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 Budget Your Trip APIs is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any Budget Your Trip APIs including, but not limited to, any damage to your computer system or loss of data.
7. Limitation of Liability.
Budget Your Trip 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 Budget Your Trip 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 Budget Your Trip has been advised of the possibility of such damages. Under no circumstances shall Budget Your Trip be liable to you for any amount.
8. 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 6 and 7 may not apply to you.
9. Release and Waiver.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Budget Your Trip, 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 Budget Your Trip 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.
10. Hold Harmless and Indemnity.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Budget Your Trip 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 Budget Your Trip 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. Budget Your Trip shall use good faith efforts to provide you with written notice of such claim, suit or action.
11. General Terms.