This document updated: 29/06/2011
Empire Avenue (hereinafter referred to as either “Empire Avenue” or “We”) requires that all developers use good judgment in managing and creating their Applications and use of Empire Avenue’s Application Programming Interface (“API”).
1) Ownership and Use of Application Code
- You own the code and Applications you create.
- You may remove or be required to remove your code and Applications from Empire Avenue websites at any time but at such a time you must immediately remove any data collected from Empire Avenue.
- While we do not own your Application, any content you submit to Empire Avenue in the form of patches, recommendations, feature requests or changes to the functions of the API provided by Empire Avenue and its related websites immediately becomes the sole and exclusive ownership of Empire Avenue.
2) Legal Issues
- You acknowledge that you are the exclusive owner or the duly authorized licensee of and hold all necessary right, title and interest in and to the Application, and that you are solely responsible for any legal actions of any kind whatsoever in connection with your Application and its maintenance. You agree to indemnify defend and hold harmless Empire Avenue, its affiliates, and their respective officers, directors and employees from and against any claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable fees for attorneys and other professionals) incurred in connection with any action brought by a third party to the extent that such action alleges that your Application infringes a third party’s patent, copyright, trade secret or other intellectual property
- Your Application is not to :
- Infringe upon any patent, trademark, copyright or other intellectual property rights of any party.
- Use any third-party code that violates the license of that code.
- We will inform you of any legal issues regarding your Application that come to our attention, but it is your responsibility to respond to such issues while keeping us informed of how such issue is being resolved.
3) Application Content
- Objectionable/Prohibited Content
- Unsuitable and Unwanted Applications
We reserve the right to remove any Applications that we determine to be unsuitable for Empire Avenue. In such a case we will block access to Empire Avenue from such an Application.
4) Presenting Your Policies
5) Features and Functionality
- You must not confuse, mislead, surprise, or defraud anyone.
- You must not violate any law or the rights of any individual or entity, and must not expose Empire Avenue and/or its users to any harm or legal liability.
- You must not use a user's session key to make an API call on behalf of another user.
- You must not include functionality that proxies, requests or collects Empire Avenue usernames or passwords.
- You must not circumvent specified limits on core Empire Avenue API calls or features. Empire Avenue API limits are subject to change at any time. These limits are set out in the API information page.
- Special provisions for email addresses obtained from us:
- You must comply with the provisions of the Federal Trade Commission's CAN-SPAM Act and all other applicable spam laws appropriate.
- Emails you send must clearly indicate that they are from you and must not appear to be from Empire Avenue or anyone else. For example, you must not include Empire Avenue logos or brand assets in your emails, and you must not mention Empire Avenue in the subject line, "from" line, or body header.
- You must not give or sell users' email addresses to any third party or affiliate.
- Collecting, Storing and Using Data obtained from Empire Avenue
- You must not store or cache any data you receive from us which has been provided by a third party to Empire Avenue for more than 24 hours, unless you have contacted Empire Avenue or that third party and have received permission in writing. By third party we mean any service, site or application that a user connects to Empire Avenue and their profile.
- You must not give data you receive from us to any third party, including ad networks.
- You must not use User Data you receive from us or collected through running an advertisement, including information you derive from your targeting criteria, for any purpose of Empire Avenue, without user consent. Empire Avenue reserves the right to request proof of consent at anytime.
- You cannot convert User Data you received from us into Independent Data.
- Before making use of User Data recieved from us that may be protected by intellectual property rights (e.g., photos, videos), you must obtain permission from those who provided that data to Empire Avenue.
- You must not give your API secret key to another party, unless that party is an agent acting on your behalf as an operator of your Application. Regardless you are responsible for any and all activities that occur under your account identifiers.
6) Empire Avenue Feature and Functionality Terms and Trademarks
- You must not express or imply any affiliation or relationship with or endorsement by us. This includes the use of Empire Avenue’s trademarks, logos or branding imagery which is subject to the provisions of the Terms and Conditions of Use.
- You must not use or make derivative use of Empire Avenue brands or trademarked materials unless otherwise permitted by a license governing those materials.
- You must name/label your Application, any corresponding URL, or your Application's features and functionality, in such a way as to avoid confusing users into thinking that the reference is to Empire Avenue features or functionality of the same name. At anytime Empire Avenue reserves the right to the reserve Application of feature names and/or request a name change where it is deemed at our sole discretion that the naming may confuse a user or conflict with Empire Avenue developed functions or features.
Empire Avenue may, in its sole discretion, terminate or suspend your access and/or your Application to all or part of the Web Site and/or API for any reason, including, but not limited to breach of any of the policies, guidelines or rules of Empire Avenue and where appropriate notify the appropriate authority or governing body of the violation
- By "Application" we mean any technical integration of the Empire Avenue API. By "User Data you receive from Empire Avenue" (also called "user data you receive from us," "user data received from Empire Avenue," or "user data received from us") we mean any data or content (including any images, text, or other information or materials) you receive from us, that was provided by users to us or was associated by us with a particular user.
- By "Independent Data" we mean information that users provide directly to you.
- The "Web Site" for the purposes of this document refers to empireavenue.com and all related sub-domains unless otherwise stated.
10) Contacting Empire Avenue
- To report bugs or technical problems related to Empire Avenue API functionality please e-mail email@example.com
- For discussions or inquiries about technical issues, policy matters, or documentation, or to solicit help from Empire Avenue please contact firstname.lastname@example.org
- To contact Empire Avenue about a confidential matter that you do not wish to post for public view, please email email@example.com
- Note: Although we endeavor to protect your privacy, Empire Avenue does not guarantee the confidentiality of communications sent by email unless there is a prior written agreement to that effect.