Terms & Conditions

  1. Licensed Uses and Restrictions. The Kapalya APIs are owned by Kapalya and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These terms define legal use of the Kapalya APIs, including all updates, revisions, substitutions, and any copies of the Kapalya APIs made by or for you. Kapalya user photos and videos (“User Content”) are owned by the users and not by Kapalya. All rights not expressly granted to you are reserved by Kapalya. You shall: Comply with the Kapalya Terms of Use at http://Kapalya.com/about/legal/terms/. Comply with any requirements or restrictions imposed on usage of User Content by their respective owners. Remember, Kapalya doesn’t own User Content – Kapalya users do. Although the Kapalya APIs can be used to provide you with access to User Content, neither Kapalya’s provision of the Kapalya APIs to you nor your use of the Kapalya APIs override User Content owners’ requirements and restrictions, which may include “all rights reserved” notices (attached to User Content by default when uploaded to Kapalya), Creative Commons licenses or other terms and conditions that may be agreed upon between you and the owners. In ALL cases, you are solely responsible for making use of User Content in compliance with owners’ requirements or restrictions. Comply with any other terms and conditions a user has attached to his or her User Content. For example, if a user marks a photo as “private” after using your service, your application must reflect those changes as soon as reasonably possible. If your application has any cached copies of User Content that has become “private,” you must remove such User Content as soon as reasonably possible. Remove from your application within 24 hours any User Content or other information that the owner asks you to remove. Disclose in your application through a privacy policy or otherwise displayed in the footer of each page, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers. You shall not: Use the Kapalya APIs for any application that replicates or attempts to replace the essential user experience of Kapalya.com or the Kapalya apps. Use the Kapalya APIs to spam, incentivize, or harass users. Participate in any “like”, “share”, “comment”, or “follower” exchange programs. Use the Kapalya APIs to post automated content to Kapalya, including likes and comments that were not initiated and entered by an Kapalya user. Attempt to cloak or conceal your identity or your application’s identity when requesting authorization to use Kapalya APIs. Display more than 30 Kapalya photos or videos per page in your application or use an unreasonable amount of bandwidth. Cache or store any User Content other than for reasonable periods in order to provide the service you are providing to Kapalya users. Use the Kapalya APIs for any application that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code. Use the Kapalya APIs in any manner or for any purpose that violates any law or regulation, or any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality. Use Kapalya as a generic image hosting service for banner advertisements, graphics, etc. Use the Kapalya APIs in a manner that adversely impacts the stability of Kapalya.com servers or adversely impacts the behavior of other applications using the Kapalya APIs. Further, we reserve the right to rate limit or block applications that make a large number of calls to the API that are not primarily in response to direct user actions. Sell, lease, or sublicense the Kapalya APIs or access thereto or derive revenues from the use or provision of the Kapalya APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.
  2. Brand Assets. Use of Kapalya’s brand assets (e.g., the Kapalya name and logo) is governed by Kapalya’s Brand Guidelines, which are incorporated herein by reference.
  3. Ownership and Relationship of Parties. The Kapalya APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. Kapalya’s rights apply to the Kapalya APIs and all output and executables of the Kapalya APIs, excluding any software components developed by you which do not themselves incorporate the Kapalya APIs or any output or executables of the Kapalya APIs. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. Kapalya owns all rights, title, and interest in and to the Kapalya APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Kapalya, including (but not limited to) the Kapalya APIs and Kapalya trademarks.
  4. Support. Kapalya may elect to provide you with support or modifications for the Kapalya APIs (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to you. Kapalya may change, suspend, or discontinue any aspect of the Kapalya APIs at any time, including the availability of any Kapalya APIs. Kapalya may also impose limits on certain features and services or restrict your access to parts or all of the Kapalya APIs or the Kapalya Web site without notice or liability.
  5. Fees and Payments. Kapalya is committed to free and open access to our APIs for non-commercial purposes. However, providing the APIs does have real costs for Kapalya. For uses of Kapalya APIs over a certain rate or for certain types of commercial applications, Kapalya reserves the right to charge fees for future use of or access to the Kapalya APIs.
  6. Disclaimer of Any Warranty. Some of the Kapalya APIs may be experimental and not tested in any manner. Kapalya does not represent or warrant that any Kapalya APIs are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid. The Kapalya APIs are provided “as is” with no warranty, express or implied, of any kind and Kapalya expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement. Your use of the Kapalya APIs is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any Kapalya APIs including, but not limited to, any damage to your computer system or loss of data.
  7. Limitation of Liability. Kapalya shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the Kapalya APIs, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Kapalya has been advised of the possibility of such damages. Under no circumstances shall Kapalya be liable to you for any amount.
  8. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 6 and 7 may not apply to you.
  9. Release and Waiver. To the maximum extent permitted by applicable law, you hereby release and waive all claims against Kapalya, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the Kapalya APIs. If you are a California resident, you waive your rights under California Civil Code 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
  10. Hold Harmless and Indemnity. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Kapalya and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Kapalya APIs, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. Kapalya shall use good faith efforts to provide you with written notice of such claim, suit or action.
  11. General Terms. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the API Terms of Use, you and Kapalya shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Kapalya, express or implied, and you shall not attempt to bind Kapalya to any contract. Invalidity of Specific Terms. If any provision of the API Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions remain in full force and effect. Location of Lawsuit and Choice of Law. The API Terms of Use and the relationship between you and Kapalya shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Kapalya agree to submit to the personal jurisdiction of the courts located within the county of San Mateo, California. No Waiver of Rights by Kapalya. Kapalya’s failure to exercise or enforce any right or provision of the API Terms of Use shall not constitute a waiver of such right or provision. Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the API Terms of Use. Any construction or interpretation to be made of the API Terms of Use shall not be construed against the drafter. The API Terms of Use constitute the entire agreement between Kapalya and you with respect to the subject matter hereof.