ContestApp API Terms of Service


  1. Acceptance of Terms
    1. This Contestapp Terms of Service document (the “APITOS”) is an agreement you must accept in order to use the Contestapp API. This document describes both your rights and your obligations as part of using the Contestapp API. It is important that you read it carefully because you will be legally bound to these terms. Contestapp. ( “we” “us”) only provides the Contestapp API to you subject to this API TOS. By accepting this API TOS or by accessing or using the contestapp API, you agree to be bound by this API TOS (including the Privacy Policy, Brand Guidelines, and general Terms of Service, which are incorporated here by reference).
    2. If you are entering into this API TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this API TOS. In that case, the terms “you” or “your” shall also refer to such entity. If you do not have such authority, or if you do not agree with this API TOS, you may not use the contestapp API. You acknowledge that this API TOS is a contract between you and contestapp, even though it is electronic and is not physically signed by you and contestapp, and it governs your use of the Contestapp API.
  2. Key Definitions
    1. Application – Any software application, website, or product you create or service you offer using the Contestapp API (defined below).
    2. API Documentation – The documentation, data and information that Contestapp provides regarding the use of the Contestapp API through the Developer Site.
    3. Data – means any data and content uploaded, posted, transmitted or otherwise made available by users via the Services, including messages, files, comments, profile information and anything else entered or uploaded into the Service by a user of the Service.
    4. Developer Site – Contestapp’s Developer site found at contestapp.com
    5. Contestapp API or “our API” – The publicly available Contestapp Application Programming Interface (“API”) as well as the related API Documentation.
    6. Contestapp Brand – The Contestapp brand and brand assets, including names, logos, trade names and trademarks.
    7. Contestapp Services – Contestapp’s contest builder and related systems and technologies, as well as the website http://Contestapp.com (the “Site”), and all software, applications, data, reports, text, images, and other content made available by or on behalf of Contestapp through any of the foregoing. The “Service” does not include Data or any software application or service that is provided by you or a third party (including Applications), whether or not Contestapp designates them as “official integrations”.
  3. API License
    1. As long as you follow this API TOS, Contestapp grants you a limited, non-exclusive, non-assignable, non-transferable license to use the APIs to develop, test, and support any software application, website, or product, and to integrate the Contestapp APIs with your Application. Your license is subject to the limitations set forth in Section 4 and Section 9 below, and you agree that violation of Section 4 will automatically terminate your license to use the Contestapp APIs.
  4. Use of APIs and Contestapp Data. The following identifies limitations on use related to the Contestapp API:
    1. Reliance on API. Contestapp is still evolving, and we need the flexibility to occasionally make changes to our APIs, including backwards incompatible ones.
    2. Applicable laws or agreements. You may not use the Contestapp API in violation of any law or regulation, or rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with this API TOS or Contestapp’s other agreements to which you are subject.
    3. Scope of acceptable use. You may not use the Contestapp API or any other technology in a manner that accesses or uses any information beyond what Contestapp allows under this API TOS or the Documentation; that changes the Contestapp Service; that breaks or circumvents any of Contestapp’s technical, administrative, process or security measures; that disrupts or degrades the performance of the Contestapp Service or the Contestapp API; or that tests the vulnerability of Contestapp’s systems or networks.
    4. Malware. You may not transmit any viruses or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data.
    5. Reverse engineering. You may not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in the Contestapp API or portion thereof;
    6. Functionality. You may not use the Contestapp API to replicate or compete with core products or services offered by Contestapp. You acknowledge and agree that Contestapp has or may in the future offer products or services that are similar to your Application, and nothing will prevent Contestapp from doing so;
    7. Commercial Use. You may charge for your Application. However, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to the Contestapp API.
    8. Use for promotion of gambling or adult content. You may not use the Contestapp APIs in any Application that includes adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under 21 years of age, or otherwise violates any applicable law or regulation.
    9. Distribution of your application. You may not distribute or allow access to the Contestapp APIs to anyone other than, if applicable, the company on whose behalf you entered into this API TOS. Anyone who wants to access our APIs must agree to be bound by this API TOS.
  5. Use of Contestapp Brand or Marks. You must not use the Contestapp Brand in a way that suggests your service is endorsed by, sponsored by, or associated with Contestapp.
  6. Storage of Data
    1. Caching Data. Where Data is cached, you should refresh the cache at least every 24 hours.
    2. Secure Storage Measures. All Data should be stored and served using strong encryption.
    3. Deletion at Termination. If we terminate your use of the Contestapp APIs for any reason, then you must permanently delete all Data and any other information that you stored pursuant to your use of the Contestapp APIs, except when doing so would cause you to violate any law or obligation imposed by a governmental authority. This provision does not require a Contestapp user to delete Data stored in Contestapp if the Contestapp user is prohibited from accessing the Contestapp API.
  7. Your User Agreement and Privacy Policy
    1. We take the collection and use of your personal data seriously. Please look at our privacy policy to better understand how we use your data or if you have a complaint or request and wish to speak to our data protection officer.
  8. Security Measures
    1. Protections. The network, operating system and software of your web servers, databases, and computer systems (collectively, “Your Systems”) must be properly configured to securely operate your Application and store Data. Your Application must use reasonable security measures to protect your users’ information. You must not architect or select Your Systems in a manner to avoid the foregoing obligation.
    2. Reporting. You must promptly report any security deficiencies in, or intrusions to, your Systems to Contestapp in writing via email to our support desk. This includes any unauthorized access, use, disclosure or destruction of Data. You will work with Contestapp to immediately correct any security deficiency, and will immediately disconnect any intrusions or intruder. In the event of any security deficiency or intrusion involving the Application, Contestapp APIs or Data, you will make no public statements regarding such deficiencies or intrusions (e.g., press, blogs, social media, bulletin boards, etc.) without prior written and express permission from Contestapp in each instance.
  9. Commercial Use. The Contestapp APIs commercial rights are exclusive to Contestapp. Any use, modification, derivative, reproduction, release, performance, display, disclosure or distribution of the Contestapp API is prohibited, except as expressly permitted by the terms of this API TOS.
  10. Ownership. As between you and us, we own all rights, title, and interest, including all intellectual property rights, in and to, the (1) Contestapp APIs, Documentation, and all elements and components thereof; (2) Data; (3) Contestapp Services; and (4) Brand Features (collectively, the “Contestapp Materials”).
    1. The only exception to this is Data that you as a Contestapp user have licensed to Contestapp in accordance with this terms of service. Except for the express licenses granted in this API TOS,
    2. Contestapp does not grant you any right, title, or interest in the Contestapp Materials.
    3. You agree to take such actions as Contestapp may reasonably request to perfect Contestapp’s rights to the Contestapp Materials.
  11. Term and Termination
    1. Duration of Terms. This API TOS will go into effect on the date upon which you agree to them, by accessing or using the Contestapp API, and will continue until terminated as set forth herein.
    2. Your Right to Terminate. You may terminate this API TOS by discontinuing use of our APIs.
    3. Suspension; Termination. We may change, suspend or discontinue the Contestapp API and suspend or terminate your use of the Contestapp API, the Contestapp Service, and/or Contestapp Brand at any time and for any reason, without notice. Without limiting the foregoing, we may limit your Application's access to the Contestapp API if it, in our sole discretion, may negatively affect our Service or our ability to provide our Service.
    4. Effect of Termination. Upon termination of this API TOS:
      1. All rights and licenses granted to you will terminate immediately;
      2. Contestapp will make commercially reasonable efforts to remove all references and links to your Application from its Services (Contestapp has no other obligation to delete copies of, references to, or links to your Application).
  12. Legal Representations. You represent and warrant to Contestapp that, excluding Contestapp Materials, you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute your Application, and that use of your Application by Contestapp and its users will not violate the rights of any third party (e.g., copyright, patent, trademark, privacy, publicity or other proprietary right of any person or entity), or any applicable regulation or law, including the Digital Millennium Copyright Act, the laws of any country in which your Application is made available and any applicable export laws.
  13. Modification of the API TOS. We may change, add to or delete this API TOS or any portion thereof from time to time in our sole discretion. If we make a material change to this API TOs, we will provide you with reasonable notice prior to the changes either by emailing the email address associated with your account or by posting a notice on the Developer Site. You acknowledge that these updates and modifications may adversely impact how you access, use, and communicate with the Contestapp API. If any change in unacceptable to you, then your only recourse is to cease all use of the Contestapp API. Your continued access or use of the Contestapp API will mean that you agree to the updates and modifications.
  14. Disclaimer of Warranties; Limitation of Liability; Indemnity
    1. NO WARRANTIES. THE Contestapp API AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND Contestapp EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT Contestapp DOES NOT WARRANT THAT THE Contestapp API WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CONTESTAPP API, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM Contestapp OR THROUGH THE DEVELOPER SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS API TOS.
    2. LIMITATION ON LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL Contestapp BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, FIVE HUNDRED ($500) U.S. DOLLARS, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, CONTESTAPPS LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
    3. Indemnity. You agree to defend, hold harmless and indemnify Contestapp, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users’ use of the Application, Contestapp API or Data, use of Contestapp Brand, or violation of this API TOS, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit, or action.
    4. Severability. If any provision of this API TOS is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible in order to effect the intention of the provision; if a term cannot be so modified, it will be severed and the remaining provisions of this API TOS will not be affected in any way.
    5. Entire Agreement. This API TOS and any documents incorporated into this API TOS by reference, constitute the entire agreement between you and Contestapp regarding the Contestapp APIs and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this API TOS
    6. No Informal Waivers, Agreements, or Representations. Our failure to act with respect to a breach of this API TOs by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. No representations, statements, consents, waivers or other acts or omissions by any Contestapp affiliate shall be deemed legally binding on any Contestapp affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Contestapp.
    7. How to Contact Us. If you have questions or comments about this API TOS, or wish to make use of our Contestapp API in any way not permitted by this API TOS, please contact us via email at [email protected].