AJA.LA STUDIOS TERMS OF SERVICE

 
 

Last modified: January 28, 2018

1. Terms

By accessing the website at http://www.ajalastudios.com, AJA.LA STUDIOS’ APIs and related software (collectively, “APIS”), you are agreeing to be bound by and are becoming a party to these terms of service (“TERMS”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Under the Terms, "AJA.LA STUDIOS" means AJA.LA STUDIOS LTD, with registered offices at 1 The Green, Richmond, United Kingdom TW9 1PL, unless set forth otherwise in additional terms applicable for a given API. We may refer to "AJA.LA STUDIOS" as "we", "our", or "us" in the Terms.

1.1 Individuals

You may not use the APIs and may not accept the Terms if (a) you are not of legal age to form a binding contract with AJA.LA STUDIOS, or (b) you are a person barred from using or receiving the APIs under the applicable laws of the United Kindgomd or other countries including the country in which you are resident or from which you use the APIs.

1.2 Entities

If you are using the APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).

1.3 Registration

In order to access certain APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. Any registration information you give to AJA.LA STUDIOS will always be accurate and up to date and you'll inform us promptly of any updates.

 

2. Use License

Subject to the terms of this terms of service, AJA.LA STUDIOS hereby grants you (and only you) a non-sublicensable, non-transferable, royalty-free, nonexclusive license to use the AJA.LA STUDIOS protocols and APIs made available to you through AJA.LA STUDIOS' secure interface for AJA.LA STUDIOS’ API Platform (as defined below)(collectively, such protocols and APIs are the "API") only during the duration of these Terms and solely for the purpose of accessing data, materials and content made available by AJA.LA STUDIOS through the API (the "API Content") in connection with your use of AJA.LA STUDIOS 's API Platform solution ("AJA.LA STUDIOS API Platform"). Your use of the API and the API Content is also subject to your compliance with any additional terms and conditions that may be set forth by AJA.LA STUDIOS in connection with your use of AJA.LA STUDIOS API Platform, including, without limitation, AJA.LA STUDIOS 's applicable Terms of Use.

You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the APIs to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with AJA.LA STUDIOS.

You will only access (or attempt to access) an API by the means described in the documentation of that API. If AJA.LA STUDIOS assigns you developer credentials (e.g. client IDs, or API keys), you must use them with the applicable APIs. You will not misrepresent or mask either your identity or your API Client's identity when using the APIs or developer accounts.

AJA.LA STUDIOS sets and enforces limits on your use of the APIs (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API. If you would like to use any API beyond these limits, you must obtain AJA.LA STUDIOS’ express consent (and AJA.LA STUDIOS may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact AJA.LA STUDIOS for information.

 

3. Disclaimer

3.1 Website

The materials on AJA.LA STUDIOS' website are provided on an 'as is' basis. AJA.LA STUDIOS makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, AJA.LA STUDIOS does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

3.2 API

AJA.LA STUDIOS PROVIDES THE API AND API CONTENT "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND, EXCEPT FOR BODILY INJURY, AJA.LA STUDIOS HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.

 

4. Limitations

4.1 Website

In no event shall AJA.LA STUDIOS or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on AJA.LA STUDIOS' website, even if AJA.LA STUDIOS or a AJA.LA STUDIOS authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

4.2 API

You agree that AJA.LA STUDIOS shall have no liability whatsoever for any use you or any third party make of the API or any API Content. You hereby agree to indemnify and hold harmless AJA.LA STUDIOS from any and all damages, losses, liability, costs, and expenses (including reasonable attorney's fees) arising in any manner from your use of the API and/or API Content.

WHEN PERMITTED BY LAW, AJA.LA STUDIOS, AND AJA.LA STUDIOS’ SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF AJA.LA STUDIOS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE APIS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE APIS AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

IN ALL CASES, AJA.LA STUDIOS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Unless prohibited by applicable law, if you are a business, you will defend and indemnify AJA.LA STUDIOS, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:

  1. your misuse or your end user's misuse of the APIs;
  2. your violation or your end user's violation of the Terms; or
  3. any content or data routed into or used with the APIs by you, those acting on your behalf, or your end users.

 

5. Termination

You may terminate these Terms and the license granted herein at any time by immediately stopping use of the API, destroying or removing from all computers, networks, and storage media all copies of the API and API Content. AJA.LA STUDIOS may terminate these Terms and the license granted herein immediately if you breach any provision of these Terms, or if you otherwise engage in any activity that AJA.LA STUDIOS reasonably determines is likely to cause liability to AJA.LA STUDIOS. AJA.LA STUDIOS may otherwise terminate these Terms upon thirty (30) days advance notice to You (which may be provided by e-mail to You, or by a general notice posted on AJA.LA STUDIOS’ website). Upon receiving notice of termination from AJA.LA STUDIOS you will destroy or remove from all computers, networks, and storage media all copies of the API and API Content.

 

6. Accuracy of materials

 The materials appearing on AJA.LA STUDIOS website could include technical, typographical, or photographic errors. AJA.LA STUDIOS does not warrant that any of the materials on its website are accurate, complete or current. AJA.LA STUDIOS may make changes to the materials contained on its website at any time without notice. However AJA.LA STUDIOS does not make any commitment to update the materials.

 

7. Warranty Disclaimer

 

AJA.LA STUDIOS PROVIDES THE API AND API CONTENT "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND, EXCEPT FOR BODILY INJURY, AJA.LA STUDIOS HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.

 

8. Prohibitions and Confidentiality

 

You may be given access to certain non-public information, software, and specifications relating to the AJA.LA STUDIOS API ("Confidential Information"), which is confidential and proprietary to AJA.LA STUDIOS. You may use this Confidential Information only as necessary in exercising your rights granted in these Terms. You may not disclose any of this Confidential Information to any third party without AJA.LA STUDIOS 's prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.

 

9.1 Beta Features

Some features of Actions on AJA.LA STUDIOS are identified as "Beta" or otherwise unsupported or confidential (collectively, "Beta Features"). You may not disclose the terms or existence of any non-public Beta Features.

8.2 Confidential Matters

A.    Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials. Developer credentials may not be embedded in open source projects.

B.    Our communications to you and our APIs may contain AJA.LA STUDIOS confidential information. AJA.LA STUDIOS confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without AJA.LA STUDIOS’ prior written consent. AJA.LA STUDIOS confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose AJA.LA STUDIOS confidential information when compelled to do so by law if you provide.

 

9. Support and Feedback

These Terms does not entitle you to any support, upgrades, patches, enhancements, or fixes for the API (collectively, "Support"). AJA.LA STUDIOS may, at its sole discretion, provide Support services, and any such services shall become part of the API and subject to these Terms. You agree to report to AJA.LA STUDIOS any errors or difficulties discovered and the characteristic conditions and symptoms of such errors and difficulties, including without limitation, those related to interoperability. You agree that AJA.LA STUDIOS shall be free to freely use, disclose, reproduce, license, distribute and otherwise exploit any such reports (and any other suggestions, improvements or modifications) that you provide to AJA.LA STUDIOS relating to the API and/or API Content, without obligation or restriction of any kind on account of intellectual property rights or otherwise.

 

10. Publicity

You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by, or endorsement by AJA.LA STUDIOS without AJA.LA STUDIOS' prior written approval.

 

11. Links

AJA.LA STUDIOS has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by AJA.LA STUDIOS of the site. Use of any such linked website is at the user's own risk.

 

12. Modifications

  AJA.LA STUDIOS may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

 

13. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of United Kingdom and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.