These terms of service (these “Terms”) apply to the online or hosted products and services (collectively, the “Service”) provided by Mashape Inc. (“Mashape,” “our,” or “we”). As used in these Terms, the “Service” includes, without limitation, any Mashape websites that display these Terms (collectively, the “Site”), as well as Galileo, Kong, Gelato and the API Marketplace products and services made available by Mashape.
By registering to use the Service, accessing the Service or providing access to any APIs via the Service, you agree and acknowledge that you have read all of the terms and conditions of these Terms, you understand all of the terms and conditions of these Terms, and you agree to be legally bound by all of the terms and conditions of these Terms.
These Terms apply to individuals and entities that use the Service (such as Galileo, Kong and Gelato), including individuals and entities that provide access to APIs via the API Marketplace (“API Providers”) and individuals and entities that obtain access to APIs via the API Marketplace (“API Consumers”). Unless otherwise specified, “you” or “Users” refers to users of the Service.
The "Effective Date" of these Terms is the date you first access the Service.
Mashape reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of Mashape) at any time and in its sole discretion by providing notice that these Terms have been modified. Such notice may be provided by sending an email, posting a notice on the Site, posting the revised Terms on the Site and revising the date at the top of these Terms, or such other form of notice as determined by Mashape. Any changes or modifications will be effective 7 days after providing notice that these Terms have been modified (the "Notice Period"). Your continued use of the Service following the Notice Period will constitute your acceptance of such changes or modifications. You are advised to review these Terms whenever you access the Service and at least every 30 days to make sure that you understand the terms and conditions that will apply to your use of the Service.
LOCATION AND YOUR USE
Mashape operates the Service from the United States. Mashape makes no representation or warranty that all of the features of the Service will be available to you outside of the US, or that they are permitted to be accessed outside of the US.
SERVICE & REGISTRATION
Mashape provides developer tools related to API and Microservice management. For example, Kong is an API gateway; Galileo is an API analytics platform to monitor, visualize and inspect API and Microservice traffic; and Gelato facilitates creation of developer portals and on-boarding. Mashape also provides an API Marketplace to connect API Providers and API Consumers, enabling API Providers to list the APIs they offer for purchase, and API Consumers to purchase the right to use an API on an individual basis or as part of a subscription plan.
Mashape grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Service subject to the terms and conditions set forth in these Terms. Mashape will use commercially reasonable efforts to provide you with the support, if any, set forth in the subscription plan you have purchased.
In order to access the Service, you must register with Mashape by completing the registration forms provided via the Site. You agree to (a) provide accurate, current, and complete information as may be prompted by the registration forms via the Site (“Registration Data”), (b) not choose a username that violates any law or the intellectual property rights of others, or is offensive (provided that Mashape reserves the right to reject the use of any username for any reason or no reason), (c) not share, transfer, sell, convey or assign the right to use the Site to any third party, (d) maintain the security of your Mashape account password, (e) maintain and promptly update the Registration Data, and any other information you provide to Mashape, to keep it accurate, current, and complete and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Mashape.
You are responsible for safeguarding the passwords you use to access the Service and agree to be fully responsible for activities or transactions that relate to your Mashape account or password. You must notify Mashape immediately if you learn of an unauthorized use of your Mashape account or password, and you may be held liable for losses incurred by Mashape or any other user of or visitor to the Site due to someone else using your ID, password or account. You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Mashape cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Mashape reserves the right, in its sole discretion, to deny, restrict, suspend, discontinue, or terminate your account, with or without prior notice or explanation, for any or no reason, without any liability to you.
API Rights -- Between API Providers and API Consumers (not Mashape)
Mashape provides the API Marketplace, but the terms and conditions applicable to the APIs (including, the use of the APIs) are between API Providers and API Consumers (not Mashape).
With respect to each API, API Consumers and the API Provider who listed such API via the Service acknowledge and agree that the terms and conditions applicable to the use of and other rights with respect to such API by each such API Consumer are solely between each such API Consumer and such API Provider, and not with Mashape. Each API Provider (not Mashape) is responsible for all support and all claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).
Mashape reserves the right, but does not have the obligation, to review, screen, or monitor any links to any APIs or any API Content/Terms (as defined below) at any time and for any reason without notice. API Providers and API Consumers acknowledge and agree that Mashape may remove any API or any API Content/Terms at Mashape’s sole discretion.
(a) API Provider – Grants and Obligations
API Providers may APIs via the Service by completing Mashape’s listing form.
For each API, API Providers must provide the URLs applicable to such API on the API Provider’s websites ("API Provider Sites"), a brief description of the API, the API pricing parameters (free use, unique object pricing, or subscription), any overage fees and any other applicable terms and conditions (e.g., service level standards) (collectively, “API Content/Terms”).
API Provider grants Mashape the right to provide the APIs and the API Content/Terms provided by API Provider (or a party on its behalf) via the Service. Further, API Provider consents to Mashape’s use of its name and, if applicable, API Provider’s company’s name and logo on the Site and our publicly-available online and printed materials, identifying API Provider (and, if applicable, API Provider’s company) as part of the Mashape API network.
API Provider, not Mashape, is responsible for monitoring and enforcing the API Content/Terms applicable to each API to which it grants an API Consumer access. API Provider acknowledges and agrees that Mashape will not be liable for any actual or alleged breach of the terms and conditions governing the use of APIs by API Consumer (or any damages arising from or related to such actual or alleged breach).
API Provider represents and warrants that (a) all representations and warranties made by API Provider with respect to the APIs it lists via the Service are true and accurate; and (b) it owns (or has full rights to) to market, promote, offer to sell, sell, grants access to, and distribute the APIs it lists via the Service and all API Content/Terms posted to the Service.
In the event Mashape provides API Consumer email addresses or other contact information to an API Provider, such API Provider may use such email addresses or other contact information solely to provide API Provider’s APIs to API Consumer in connection with the Service. In no event may API Provider bypass Mashape’s billing, management, marketplace or Service and/or use any information obtained via Mashape, the Service or the Site (including, but not limited to, any API Consumer email addresses or other contact information) for any purpose other than expressly authorized in these Terms. For example, API Provider may not use any API Consumer email addresses or other contact information to solicit API Consumers or other users to leave the Service or obtain APIs directly via API Providers or any non-Mashape source.
(b) API Provider Payments
Mashape collects subscription fees and other payments associated with API Consumers’ access and use of APIs provide by API Providers via the Service ("API Fees"). Following Mashape’s receipt of the API Fees applicable to an API listed on the Service by an API Provider, Mashape will passed on such amount to the applicable API Provider less a Mashape transaction fee. API Providers are paid on a monthly basis in arrears via the Service. Notwithstanding any terms to the contrary in these Terms, API Providers acknowledge and agree that Mashape will use reasonable effort to collect API Fees, but Mashape is not responsible for any failure to collect API Fees (including, but not limited to, any damages that arise out of, result from, are attributable to or are in any way incidental to such failure).
Mashape, at its sole discretion, may modify its transaction fee with no less than 7 days advance notice.
API Consumer may browse listed APIs and subscribe to access and use APIs pursuant to one of the Mashape API subscription plans selected by API Consumer. Depending on a particular API offering, API Consumer may also be able to arrange custom pricing and service directly with an API Provider.
Unless otherwise expressly set forth in the Mashape subscription plan selected by an API Consumer, Mashape subscription plans will automatically renew for additional periods equivalent in length to the initial Mashape subscription period selected by such API Consumer. Each API Consumer may change the type of Mashape subscription plan selected or terminate the Mashape subscription plan according to the terms and conditions of such subscription plan.
The pricing terms for your access to and use of the Service are set forth on the Site and, for subscription-based services, will be based on the Mashape subscription plan you select. Unless otherwise specified by Mashape, all payments must be made in U.S. Dollars by credit or debit card via an authorized Mashape payment processor.
For Services paid by a credit or debit card, Mashape will charge the credit/debit card you provide via the Service in advance and in accordance the subscription plan you select. Most plans are monthly with subscriptions payable at the subscription date of each month.
You hereby authorize Mashape (or its authorized payment processor) to charge the credit/debit card number you provided via the Service in accordance with the Mashape subscription plan selected, and represent and warrant that you are authorized to use and have fees charged to the credit/debit card number provided to Mashape. You understand that you may withdraw such authorization and cancel your subscription at any time by contacting Mashape at [email protected].
Mashape reserves the right, but does not have the obligation, to remove, screen, or edit any content, links, comments or materials posted or stored on the Service, including API Content/Terms (collectively, “User Content”) at any time and for any reason without notice. Mashape reserves the right to accept, reject or modify any Site content or User Content, but assumes no liability based on its acceptance, rejection, modification or failure to modify any Site content or User Content. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Service any User Content that is restricted by these Terms.
Except as expressly authorized by these Terms, you may not:
modify, disclose, alter, translate, or create derivative works of the Service (or any components thereof);
license, sublicense, resell, distribute, lease, rent, lend, transfer, assign, or otherwise dispose of the Service (or any components thereof);
disassemble, decompile, or reverse engineer the software components of the Service;
use the Service to store or transmit any viruses, software routines or other code designed to permit unauthorized access, disable, erase, or otherwise harm software, hardware, or data, or to perform any other harmful actions, including, but not limited to, worms, time bombs or Trojan horses;
copy, frame, or mirror any part or content of the Service;
build a competitive product or service, or copy any features or functions of the Service;
interfere with or disrupt the integrity or performance of the Service;
attempt to gain unauthorized access to the Service or its related systems or networks;
remove, alter, or obscure any proprietary notices in or on the Service including copyright notices;
reproduce, re-distribute or publicly display any of the content on the Site;
post, transmit or link to any User Content that (i) is unlawful, (ii) violates any right of publicity or invades the privacy of others, (iii) constitutes obscene, pornographic, indecent, profane or otherwise objectionable material, (iv) is discriminatory, hateful or bigoted toward, or abusive of, any group or individual, (v) is libelous or defamatory or (vi) violates any applicable law or government regulation;
post, transmit or link to any advertisement, promotional materials or solicitation related to any product or service that is competitive with Mashape products or services;
deploy to the Site any robot, spider, website search/retrieval application, or other application designed to retrieve, index or “data mine” information from the Site;
cause or permit any third-party to do any of the foregoing; or
interfere in any manner with the enjoyment of the Service of any other user.
General Grant and Ownership
Unless otherwise expressly indicated in these Terms, (a) all user profiles and user contact information, and (b) all information, materials, and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content (collectively, "Mashape Materials") are exclusively owned by Mashape or are used with permission. You may not use or disclose any of the Mashape Materials without Mashape’s express prior written consent.
When you post, link, or otherwise make available User Content to the Service, you grant Mashape a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any manner or media on or off the Site. In addition, you hereby irrevocably represent and warrant to Mashape that (i) you have all necessary power, authority, right, title and/or licenses to grant to Mashape the foregoing right and license and (ii) the posting, submission, display by you of User Content on the Site, and the exercise by Mashape of the foregoing license does not and will not (1) violate any law or (2) infringe any intellectual property right of any third party. You hereby irrevocably agree to indemnify, defend and hold Mashape, its affiliates, directors, officers, employees and agents harmless from and against any and all loss, costs, damages, liabilities and expenses arising out of or related to any third party claim resulting from a breach of the foregoing representations and warranties. Mashape reserves all rights not expressly set forth in these Terms.
Third Party Content
To the extent that the Site contains Mashape Materials or Third Party Content that is software available for download (“Software”), such Software is subject to, and your use of such Software is governed by, an applicable license agreement (each a “License Agreement”) accompanying, provided with, linked to or embedded in, such Software. You may not use any Software unless you first read and agree to all of the terms and conditions of the applicable License Agreement. ANY SOFTWARE AVAILABLE ON THE SITE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT, OR TO THE EXTENT NOT PERMITTED UNDER APPLICABLE LAW, MASHAPE EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Mashape users may report content that appears on/via the Site or Service to Mashape that he/she thinks violates these Terms, and Mashape may remove such content, suspend or terminate the account of the user who made posted such content and/or take additional action to enforce these Terms against such user.
Also, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Mashape has adopted a policy of terminating, in appropriate circumstances and at our discretion, account holders who are deemed to be repeat infringers. Mashape also may, at its discretion, limit access to the Service and terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you think that anything on the Service infringes upon any copyright that you own or control, you may file a notification with Mashape’s Designated Agent as set forth below:
|Designated Agent:||Morgan Davies|
|Address of Designated Agent:||500 Montgomery St, San Francisco, CA 94111|
|Telephone Number of Designated Agent:||(415) 757 - 2743|
|Email Address of Designated Agent:||[email protected]|
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent that any material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, Mashape or the alleged infringer incurs because we relied on the misrepresentation when removing or disabling access to the material or activity.
Any suggestions, comments, or other feedback provided by you to Mashape with respect to the Service or Mashape (collectively, “Feedback”) will constitute confidential information of Mashape. Mashape will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind, on account of intellectual property rights or otherwise.
You are granted a limited, non-exclusive right to create a text hyperlink to the Service for noncommercial purposes, provided such link does not portray Mashape or any of its products and services in a false, misleading, derogatory, or defamatory manner and that the linking site does not contain any material that is offensive, illegal, harassing, or otherwise objectionable. This limited right may be revoked at any time. Mashape makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party sites accessible by link from the Service or Site. Mashape provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Mashape of the corresponding site or any information contained in (or made available via) that site. When you leave the Site, Mashape’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Site.
Mashape may run advertisements and promotions from third parties through or in connection with the Service or may provide information about or links to third-party products or services. Your dealings or correspondence with, or participation in promotions of, any such third parties, and any terms, conditions, warranties, or representations associated with such dealings, correspondence, or promotions, are solely between you and the applicable third party. Mashape is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, correspondence, or promotions or as the result of the presence of such advertisers or third-party information made available through the Service.
Mashape’s name, trademarks, logos, and any other Mashape product, service name, or slogan included in the Service are property of Mashape and may not be copied, imitated, or used (in whole or in part) without Mashape’s prior written consent. The look and feel of the Service and the Site, including all custom graphics, button icons, and scripts constitute service marks, trademarks, or trade dress of Mashape and may not be copied, imitated, or used (in whole or in part) without Mashape’s prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service (“Third-Party Trademarks”) are the property of their respective owners, and the use of such Third-Party Trademarks inures to the benefit of each owner. The use of such Third-Party Trademarks is intended to denote interoperability and does not constitute an affiliation by Mashape and its licensors with such company or an endorsement or approval by such company of Mashape or its licensors or their respective products or services.
SUSPENSION OR TERMINATION
Mashape may, at its sole discretion, suspend or terminate your license to access or use the Service at any time and for any reason without notice. You must stop accessing or using the Service immediately if Mashape suspends or terminates your license to access or use the Service. Mashape reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Service during suspension or after termination. Mashape may recover its reasonable attorneys’ fees and court costs from you for such actions. These Terms will remain enforceable against you while your license to access or use the Service is suspended and after it is terminated. Except for the license granted to you to access and use the Service and all payment terms, all of the terms, conditions, and restrictions set forth in these Terms will survive the termination of these Terms.
API Providers and API Consumers acknowledge and agree that Mashape may remove any API or any API Content/Terms at Mashape’s sole discretion.
You may terminate your subscription plan at any time by selecting Unsubscribe from the applicable subscription plan page. NO REFUNDS WILL BE ISSUED.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. MASHAPE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS, THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY API CONTENT/TERMS, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE VIA THE SITE AND THE MASHAPE MATERIALS), THIRD-PARTY INFRASTRUCTURE (AS DEFINED BELOW) AND THIRD-PARTY TRADEMARKS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, AND CONDITION OF TITLE. USER ACKNOWLEDGES AND AGREES THAT USER HAS NOT RELIED ON REPRESENTATIONS OR WARRANTIES REGARDING THESE TERMS, THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY API CONTENT/TERMS, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE VIA THE SITE AND THE MASHAPE MATERIALS), THIRD-PARTY INFRASTRUCTURE (AS DEFINED BELOW) , OR THIRD-PARTY TRADEMARKS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MASHAPE DOES NOT WARRANT, AND DISCLAIMS ALL LIABILITY FOR (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE VIA THE SITE), OR THIRD-PARTY TRADEMARKS; (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE AND ANY API MADE AVAILABLE VIA THE SERVICE; (C) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE; AND (D) WHETHER THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
You agree, at your sole expense, to defend, indemnify and hold Mashape (and its directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) for any death, injury, property damage caused by, arising out of, resulting from, attributable to or in any way incidental to your use of the Service or any actual or alleged breach of any of your obligations under these Terms (including, but not limited to, any actual or alleged breach of any of your representations or warranties as set forth in these Terms).
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MASHAPE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY API CONTENT/TERMS, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE VIA THE SITE AND MASHAPE MATERIALS), OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD-PARTY INFRASTRUCTURE OR THIRD-PARTY TRADEMARKS), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), EVEN IF MASHAPE HAS BEEN ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MASHAPE ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY API CONTENT/TERMS, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE VIA THE SITE), OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD-PARTY INFRASTRUCTURE OR THIRD-PARTY TRADEMARKS) EXCEED ONE HUNDRED U.S. DOLLARS (USD $100.00).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
Mashape reserves the right, but does not have the obligation, to review, screen, or monitor any links to any APIs or any API Content/Terms (as defined below) at any time and for any reason without notice.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH MASHAPE AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MASHAPE.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and Mashape agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in San Francisco, California. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Mashape are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and Mashape intend and agree: (a) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (b) not to assert class action or representative action claims against the other in arbitration or otherwise; and (c) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in San Francisco, California. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
Neither party will, for any purpose, be deemed to be an agent, franchisor, franchise, employee, representative, owner, or partner of the other party, and the relationship between the parties will only be that of independent contractors. Neither party will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.
You may not assign, delegate, or transfer (by sale, merger, operation of law, or otherwise) these Terms or any right, title, interest, or obligation hereunder without the prior written consent of Mashape. Any attempted or purported assignment, delegation, or transfer in violation of the foregoing will be null and void and without effect. Mashape may assign these Terms without your prior written consent. These Terms will be binding and inure to the benefit of such assignees, transferees, and other successors in the interest of the parties in the event of an assignment or other transfer made consistent with the provisions of these Terms.
Notwithstanding any terms to the contrary in these Terms, you acknowledge and agree that Mashape uses a third party hosting infrastructure in connection with the Services ("Third-Party Infrastructure"), the provider(s) of the Third-Party Infrastructure disclaim and make no representation or warranty with respect to such Third-Party Infrastructure, and Mashape assumes no liability for any claim that may arise with respect to such Third-Party Infrastructure.
By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at [email protected].
If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
Mashape is not responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control including, but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), acts of terrorism, civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of services provided by any service providers used by Mashape, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.
Notice for California Users
If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
If you have any questions regarding the use of the Service, please email Mashape at [email protected]