Below this introduction is quite a bit of important legal language. Please read it.
Inside All Public Art, we talk a lot about the importance of humanity, honesty and transparency in our communications. So, before you read on to the important legalese, we want to share a few thoughts in human and honest terms.
- All Public Art believes in the power of APIs to unleash the talents of developers around the globe to build new applications that extend All Public Art's utility and help build a marketplace for artists.
- We are trying to build All Public Art into a profitable and lasting company. Thus, there are several important guidelines in our APIs related to "commercial use" and driving transactions back to All Public Art. Please pay particular attention to those sections.
- We are constantly evolving and, hopefully, improving All Public Art.com, building new features and providing more benefits to buyers and sellers. It is possible that All Public Art's current or future product road map may overlap with products or features that a developer has already built. This overlap of features occurs in most API communities.
- Most content on All Public Art is user generated. The pictures, descriptions and stories about the items for sale (among other things) are owned by All Public Art's members, not by All Public Art. As part of this API, we are providing a sublicense to reuse this content "in the spirit of All Public Art." That is, by nature, a subjective statement, and All Public Art must reserve the right to determine — as fairly as possible and considering the concerns of All Public Art's members first — when an application is not in the "spirit of All Public Art". We expect that most applications will indeed bask in All Public Art spirit.
- All Public Art supports developers, and we want the entire community — not only buyers and sellers, but also developers — to prosper. Some developers do this for the sake of coding, some do it for fun, and some do it to make money. Coding is not much different than crafting. All Public Art sellers become experts at their crafts. Some do it for the joy of creating things of beauty, some do it for fun, and many also do it to make money. So, again, please read carefully the section around "commercial use." We want developers to be able to earn money to support their efforts making All Public Art applications. We also want to make All Public Art a profitable, lasting company that can empower people to change the world's economy.
Thank you for being part of All Public Art. If you have any questions, please reach out to us via the form on the Contact Us page. We welcome you and look forward to working with you.
The All Public Art Team
1. API Licensed Uses and Restrictions.
Subject to full compliance with the Terms, All Public Art, Inc. ("All Public Art") hereby grants You a limited, personal, non-sublicenseable, non-transferable, nonexclusive, revocable license to access and use the API solely as necessary to create and run websites and applications (collectively, "Applications") that meet all the requirements and conditions set forth in the Terms.
- Guarantee that Your use of the API is, as in the sole discretion of All Public Art, in the spirit of All Public Art.
- Take reasonable precautions to comply with applicable All Public Art Members' restrictions, as specified by All Public Art Members, for example, including but not limited to, in their All Public Art profile, All Public ArtItems for Sale Store policies, or item description, concerning the use of content posted on All Public Art by members of All Public Art (collectively, "Member Content"); Remember, All Public Art does not own Member Content; All Public Art's members own their own Member Content.
- Link directly back to the product information and/or image Content on All Public Art, where the Application utilizes product information and/or images.
- Provide a prominently displayed email address on Your Application for third parties to contact You with any questions or issues. You shall respond to such inquiries in a timely manner.
- Be solely responsible for all aspects of Your Application and any content appearing therein, and for providing all customer support to end-users relating to Your Application.
- Be truthful and honest about the Application to All Public Art and Your users.
You shall not:
- Use the API for any Application that replicates or attempts to circumvent the Website's checkout process or attempts to replace the essential user experience of All Public Art.com.
- Attempt to circumvent any security measures or technical limitations of the API.
- Cache or store any Content or All Public Art Member Content other than for reasonable periods in order to provide the service to All Public Art Members.
- Display item Content or product information and/or images which is more than six (6) hours older than such information is on the Website, and other All Public Art Content cannot be more than twenty-four (24) hours older than such Content on the Website.
- Use the API (or any Content or All Public Art Member Content within the API) 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 to personality or to engage in activities that would violate any fiduciary relationship, any applicable local, state, national, or international law, or any regulations having the force of law (including but not limited to exportation laws).
- Use the API in a manner that disrupts the flow of dialog or otherwise negatively affects other All Public Art Members' ability to use the Website or the ability of any device to access the Website, Content or any of All Public Art's associated services, or adversely impacts the stability of All Public Art.com servers or behavior of other Applications using the API, or transmits software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use the API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage.
- Sell, lease, or sublicense the API or access thereto.
- Modify, decompile, extend, subset or superset the API or otherwise alter the API to any extent.
- Use the API in a way that harms the interests of All Public Art, the Website, any of its affiliates, the API or its program, or other users of the Website.
- Transmit spam or upload, post or otherwise transmit Content that is inaccurate, harmful, obscene, defamatory, racist or is otherwise offensive to others.
- Misrepresent or falsely state Your identity or affiliation with All Public Art, any person, or any business.
- Upload, post, collect or store Website member ID and password combinations.
- Upload, post, collect, store, share, transfer, or process personal information or data about All Public Art Members unless specifically authorized by such member.
- Forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Website.
- Provide, procure or permit third party access to the Website unless expressly so authorized by All Public Art.
- Disparage All Public Art or knowingly tarnish the name reputation, image or goodwill of All Public Art in connection with Your Application or participation in the API program.
ALL RIGHTS NOT EXPRESSLY GRANTED IN THE TERMS ARE HEREBY RESERVED BY ALL PUBLIC ART AND ITS LICENSORS.
ALL PUBLIC ART, and other All Public Art graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of All Public Art in the U.S. and/or other countries ("All Public Art's Trademarks"). Subject to full compliance with the Terms, and All Public Art's Trademark Guidelines as made available to You, All Public Art hereby grants You a limited, personal, non-sublicenseable, non-transferable, nonexclusive, revocable license to use All Public Art's Trademarks in Your Application.
- You shall not use or alter any text, logos, All Public Art's Trademarks, All Public Art's signature colors, All Public Art's layout, or a confusingly similar layout to All Public Art's layout in such a way which may suggest endorsement or affiliation by All Public Art.
- Any use of the All Public Art logo or All Public Art's Trademarks must be used in its entirety and must not be altered or used in a misleading way.
- You shall not use a mark which is confusingly similar to All Public Art's Trademarks.
- Any use of the All Public Art logo or All Public Art's Trademarks in Your Application shall be less prominent than the logo or mark that primarily describes the Application and Your use of the All Public Art logo shall not imply any endorsement or affiliation by All Public Art.
- You may publicize, issue press or blog releases of Your Application only if You state that it was created using the All Public Art API and that You in no way imply that Your Application is endorsed or certified by All Public Art.
- You must place or display the following notice prominently on Your Application:
"The term 'All Public Art' is a trademark of All Public Art, Inc. This application uses the All Public Art API but is not endorsed or certified by All Public Art, Inc."
Without limiting the foregoing, All Public Art will have the right to do quality insurance inspections of the Applications and withhold the right to use All Public Art's Trademarks if the quality is not satisfactory to All Public Art in its sole discretion.
3. Registration Data
In consideration of Your use of the API, You agree to:
- Provide accurate, current, and complete information about You as may be requested by All Public Art during registration and ongoing participation in All Public Art's API program (the "Registration Data"), and update and keep all such information accurate, current and complete at all times.
- Maintain the security of Your password and identification, as you are responsible for any consequences of any failure to do so.
- Evaluate and bear all risks associated with Your use of the API, any Content or services, including any reliance on the accuracy, completeness, or usefulness of the Content and the risks of unauthorized access.
- Take all appropriate virus precautions, and warrant that Your networks, operating systems and software are properly configured to Internet industry standards, including but not limited to security standards.
- Immediately report any security deficiencies You discover to All Public Art by contacting us via the form on the Contact Us page.
You have sole responsibility for adequate protection and backup of data and/or equipment used by You in connection with the API and/or the Website. The interactivity and Web services features of the Website are intended for use by the person who has authenticated their identity and lawfully received an API Key from All Public Art to the Website from All Public Art and/or its affiliates ("Registered Users"). By using the API and/or the Website in any manner, You represent that You are a Registered User. You further consent and authorize All Public Art and/or its affiliates to verify Your Registration Data.
4. Commercial Use of the API
In general, reasonable commercial uses of the API are permitted. Non-limiting examples of what is prohibited, unreasonable commercial use include:
- Selling the API, Member Content (that is not Your own) or related services, or access to any of the foregoing.
- Charging users a fee to use or access that portion or aspect of Your Application that integrates the API or an aspect of All Public Art whichAll Public Art provides to All Public Art Members free of charge.
- Using the API primarily to drive traffic to other non-All Public Art websites or services.
Examples of permitted, reasonable commercial uses include:
- Charging users a fee for those portions or aspects of the Application that do not integrate the API, such as engaging in the sale of your own products or services.
- Displaying advertising in your Application, so long as You are not misleading or abusing users.
- Any use that is expressly authorized by All Public Art.
If You are not sure if Your Application has a permitted reasonable commercial usevia the form on the Contact Us page and provide us with as much information as possible and we'll be happy to talk.
5. Your Obligations and Conduct; Use of Services
You expressly agree that All Public Art and its affiliates have no responsibility or control over the Content that You, or other All Public Art Members, upload, post or otherwise transmit via the Website and/or the API (including, without limitation, any Content submitted to any forum) or modifications You may make to the Content or Member Content. You agree that All Public Art and its affiliates may or may not (as determined in its sole discretion, and without an obligation to do so) review the Member Content before You upload, modify, post or otherwise transmit such Member Content. All Public Art makes no representation that Your use of the Website, the Content, or the API will comply with applicable laws or that they were designed to comply with applicable laws. Additionally, All Public Art and its affiliates do not represent, warrant or guarantee the truthfulness, accuracy, quality or reliability of any of the Content posted, displayed, linked to or otherwise transmitted via the Website. All Public Art and its affiliates do not endorse any opinions expressed in or through any such Content. You agree that You must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of the Content. Except where expressly stated to the contrary, All Public Art possesses the immediate right, but not the obligation, to edit or remove any Content from the Website at any time and/or terminate Your ability to access the Website and/or the API without notice, at its sole discretion. You further acknowledge and agree that All Public Art may have something similar to Your feedback or Application already under consideration or in development now or in the future.
6. Amendment of Terms
All Public Art reserves the right at any time in its sole discretion without liability to You or any third party to modify, amend, restrict, suspend, deny or terminate Your access or the access of all users to the Website, the API, or any of the Website's Content or services. Termination of a license to use the Website and/or the API does not constitute termination of these Terms. All Public Art may amend these Terms, including, without limitation, the agreements and policies incorporated herein by reference, at any time. When All Public Art changes any such agreement or policy in a material way a notice will be posted on the Website, and when any change is made in any such agreement or policy, the updated agreement or policy, as applicable, will be posted at the applicable link above or a successor link. You understand and agree that if You use the API or the Website or any of the services offered in connection therewith after the date on which any of the foregoing terms have changed, All Public Art will treat Your use as acceptance of the updated terms.
7. Property Rights
The Website, including without limitation all Content and all intellectual property rights in and to the same, is owned by or licensed to All Public Art, its affiliates, or our third-party content providers. You must not modify, decompile, or reverse engineer any software (including, without limitation, the API) that All Public Art or its affiliates disclose to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership. Subject to the following paragraph, You acknowledge and agree that no right, title or interest in any Content is transferred to You as a result of Your use of such Content, the Website, the API or any services provided or otherwise made available via the Website.
All Public Art and its affiliates do not claim ownership of the Member Content and shall have no obligation of any kind with respect to such Member Content, in each case except to the extent expressly assumed under written agreement. You may not do or allow anyone else to do anything with the Content which is not specifically permitted under the Terms.
As between You and All Public Art, You are also solely responsible for all aspects of Your Application.
9. Website Human Use Restriction And Use of API
The API is the only supported method for users to access data programmatically from All Public Art. The All Public Art Website, including Content and applications is published solely for direct access by human users. 'Spiders', 'crawlers', 'bots' and all other automated software or hardware devices designed to access and 'read' or otherwise analyze the Website independently are prohibited unless they are expressly so authorized by All Public Art. For example, you agree not to:
- 'Screen scrape' pages on the All Public Art Website, even if such data is not available in the All Public Art API.
- Reverse engineer internal data feeds used by the All Public Art Website, including All Public Art's flash applications, even if such data is not available in the All Public Art API.
- Access legacy or internal APIs used by All Public Art but not available through the public API.
10. Fees and Payments
All Public Art reserves the right to charge fees for future use of or access to the All Public Art API.
11. NO WARRANTY
ALL PUBLIC ART, ALL PUBLIC ART'S AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES AND ALL PUBLIC ART'S SUPPLIERS AND SERVICE PROVIDERS, PROVIDE THE WEBSITE, API, CONTENT AND ANY SERVICES ASSOCIATED WITH ANY OF THE FOREGOING "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PUBLIC ART, ON BEHALF OF ITSELF AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES AND ALL PUBLIC ART'S SUPPLIERS AND SERVICE PROVIDERS, SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, API, CONTENT AND ANY SERVICES ASSOCIATED WITH ANY OF THE FOREGOING, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ALL PUBLIC ART SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
12. LIABILITY LIMIT
IN NO EVENT SHALL ALL PUBLIC ART, (AS APPLICABLE) ALL PUBLIC ART'S AFFILIATES , OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ALL PUBLIC ART'S SUPPLIERS AND SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE AND/OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO (A) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, API, ALL PUBLIC ART'S SERVICES, OR (B) THE TERMS, WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF OPPORTUNITY OR GOODWILL, OR COST OF REPLACEMENT SERVICES, EVEN IF SUCH PARTY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS OF LIABILITY WILL NOT APPLY TO DAMAGES FOR BODILY INJURY THAT, UNDER APPLICABLE LAW, CANNOT BE SO LIMITED.
13. HOLD HARMLESS AND INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD ALL PUBLIC ART AND (AS APPLICABLE) ALL PUBLIC ART'S AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES, AND ALL PUBLIC ART'S SUPPLIERS AND SERVICE PROVIDERS, HARMLESS FROM ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES AND DEMANDS , INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATED TO ANY CLAIMS, ACTIONS, SUITS, OR PROCEEDINGS MADE OR BROUGHT BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THE TERMS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
15. Intellectual Property Policy
All Public Art's Intellectual Property Policy is found here, the terms of which are hereby incorporated into the Terms by this reference.
16. General Terms
Equitable Relief. You agree that any breach of the Terms will result in irreparable harm to All Public Art or its affiliates for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, All Public Art or its affiliates will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs or is threatened. You waive any requirement for the posting of a bond or other security if All Public Art or its affiliates seek such an injunction.
No Agency. You acknowledge and agree that the relationship between You and All Public Art and its affiliates (if applicable) is that of independent contractors. Nothing in these Terms shall be construed as creating a partnership, contract of employment, agency, joint venture or franchise relationship between All Public Art or any of its affiliates with You.
Waiver. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. Any waiver of the Terms must be in writing and signed by the party against whom enforcement of the waiver is sought. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
No Third Party Beneficiary. You acknowledge and agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiary to this agreement.
Choice of Law and Dispute Resolution.
The Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.
You and All Public Art agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and All Public Art are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
We’re based in Los Angeles California, so any legal action against All Public Art related to our Services must be filed and take place in Los Angeles. That means the seat of any arbitration shall be Los Angeles. For any actions not subject to arbitration, you and All Public Art agree to submit to the personal jurisdiction of a state court located in Los Angeles County, Californiaor the United States District Court for the Central District of California. (If you do happen to visit, don’t leave town before taking in the view from the beach.)
Entire Agreement. The Terms constitute the entire agreement between You and All Public Art relating to their subject matter, and cancel and supersede any prior versions of the Terms as well as all prior agreements (whether oral, written or otherwise) and representations between You and All Public Art. No modification to the Terms will be binding, unless in writing and signed by an authorized All Public Art representative. You may not assign, sublicense, delegate or otherwise transfer the Terms or any right granted hereunder, in whole or in part, whether voluntarily or by operation of law, and any attempt to do any of the foregoing in violation of this provision will be null and void. All Public Art expressly reserves the right to assign the Terms and to delegate any of its obligations hereunder. The Terms are binding on and inure to the benefit of each party hereto and their heirs, successors and permitted assigns.
Last updated on January 23, 2016