API Use

This agreement (“API Terms”) between you and Kinkify, Inc. and Kinkify Ireland UC (collectively, “Kinkify”) applies to your use of Kinkify’s public Application Program Interface (“API”), alone or in combination with the site, apps, and/or any other services provided by Kinkify as defined in Kinkify’s Terms of Use (“Kinkify Terms”) and Privacy Policy. By using the API, you’re agreeing to these API Terms, Privacy Policy, and the Kinkify Terms (collectively, the “Terms”).

The 411

We’ll refer to kinkify.me as the “Site,” Kinkify’s mobile applications as the “Apps,” and Pattern by Kinkify, Kinkify Payments, the Kinkify API and our other services, together with the Site and Apps, collectively as the “Services.” These API Terms also incorporate by reference Kinkify’s Intellectual Property Policy. While Kinkify owns our API, members own their own content.

1. Your Limited License to Use the Kinkify API

Kinkify grants you a limited, personal, non-sublicensable, non-transferable, non-exclusive, revocable license to access and use our API to create and run websites and applications that comply with our policies. Kinkify reserves the right to charge for access to, or use of, the API in the future. If you violate the Terms, we may revoke your API access or your account privileges (including your related accounts). If Kinkify enters into a business agreement involving our API, that agreement’s terms supersede these API Terms.

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set forth in the Privacy Policy, so please read it.

2. API Agreement Acceptance and Changes

Transparency is important to us, so we require that you provide accurate registration data when you sign up to our API Terms, and that you keep your registration information up-to-date. You are also required to comply with our access security requirements, such as two-factor authentication, wherever available. It is your responsibility to inform Kinkify of any changes to your registration data by updating your account or contacting wdg@kinkify.me. We may get in touch with you if your account information is incomplete, outdated, or inaccurate, and we reserve the right to suspend or terminate your access to the API if you fail to provide us with accurate and complete contact information. Remember that your API and account security is your responsibility. You must immediately contact Kinkify at wdg@kinkify.me if you discover any security concerns or believe your account has been compromised.

Kinkify reserves the right to change these API Terms at any time. If we believe that the changes are material, we’ll send an email to the address associated with your account or message you through Kinkify Messages. You consent to receiving these non-marketing messages, and it’s your responsibility to review these changes.

In order to continue using the API, you must accept the updated API Terms. If we provide notice to you of a material change in the API Terms that require you to affirmatively accept the change, and if you fail to accept the updated API Terms and other applicable policies within 30 days of notice of these updates, your access to the API may be suspended or terminated. For all other updates, your continued use of the API 30 days after we’ve notified you of an update will constitute your acceptance of the updated API Terms.

3. Your Privacy, Intellectual Property, and Security Obligations

When using our API, you may interact with user-generated content and users’ personal information. Remember, Kinkify does not own user-generated content — Kinkify’s members do. Moreover, you have a strong obligation to protect user personal information.

Your application is your responsibility. This means you must keep your application, site, and any Kinkify user data secure. It also means you must comply with all applicable laws, including intellectual property, privacy, and commercial laws. You also must comply with all of Kinkify policies, including our Privacy Policy and Intellectual Property Policy. You agree that Kinkify and its affiliates have no responsibility or control over the content that you and your application’s users upload or transmit through Kinkify’s API.

You must be transparent with our members by providing terms of service and a privacy policy in your application, which must be prominently displayed and comply with all relevant legal requirements. This includes applicable data protection and privacy laws that govern the ways in which you can use Kinkify member information. Such laws may require that you post, and comply with, your own privacy policy, which must be accessible to users of your application and compatible with this policy and Kinkify’s Terms of Use. See Kinkify’s Privacy Policy for additional information. If you fail to maintain a transparent and sufficient privacy policy, your access to the API may be suspended or terminated.

You are also a separate and independent controller of personal information under EU law. See Section 12 and 13 of Kinkify’s Privacy Policy for more details.

4. Use of the API

We expect your use of the API to be in the spirit of Kinkify. We reserve the right to refuse service or access to the API at any time and for any reason. If Kinkify determines that your application, your content, or your processing of data are not in the letter or spirit of the Terms, we may take action against your account, such as terminating your API access, suspending your account privileges, or terminating all of your related accounts.

Kinkify is always changing, so the data you access through the API may become outdated quickly. You will not display listing content more than 6 hours older than information on the Site or Apps. You will not display any other Kinkify content more than 24 hours older than the content displayed on our Sites. Once you’ve accessed, stored, or displayed Kinkify content, you will not cache or store it longer than is reasonably necessary to provide service to your application’s users.

You’re solely responsible for your use of the API. If you’re offering your application to other Kinkify members, you will provide support, including by prominently displaying an email address on your application and responding to enquiries from members or Kinkify in a timely manner.

We expect your use of Kinkify’s API to be a positive experience for everyone involved. You may not:

  • Try to replicate Kinkify, Kinkify content, or circumvent our checkout process.
  • Circumvent any security features or technical limitations of the API.
  • Disrupt the flow or user experience on Kinkify, such as by modifying the look, feel, or content of the Site, Apps, or Services; distributing a virus; or other harmful computer code.
  • Exceed reasonable request volume or reasonable number of API keys.
  • Sell, lease, or otherwise transfer our API or member data to any third party.
  • Use API or member data with a third-party advertising or marketing platform, whether or not aggregated, and whether or not tied to a specific member.
  • Use the API to collect, scan, or otherwise request Kinkify content for analytics, machine learning, licensing, or content removal unless expressly authorised by us.
  • Modify the API in any way.
  • Transmit spam, unsolicited marketing communications, or any other content that violates Kinkify’s policies.
  • Misrepresent your affiliation with Kinkify, such as by failing to comply with Section 6 of these API Terms.
  • Upload, post, collect, or store member ID and password combinations.
  • Upload, post, collect, store, share, transfer, or process personal information or data about Kinkify members unless specifically and affirmatively authorised by such member with appropriate notice, and only to the extent compatible with your terms of service, your privacy policy, and the Terms.
  • Reverse engineer or access internal or legacy APIs or data feeds.
  • Use automated systems designed to access, analyse, or scrape our website, including our API, unless expressly authorised by us.
  • Otherwise attempt to harm or damage Kinkify or Kinkify’s members.
  • Combine your application or website code with the API in a way (such as using a software license) that is incompatible with the Terms.
  • Use the API in a manner that presents a safety or security risk to Kinkify or its users.
  • Use the API in a manner that is inconsistent with data protection principles including subject access requests, where available to data subjects.
  • Attempt to use the API in a way that is not transparent with Kinkify or users regarding the purposes behind your processing of user data; for example, you may not combine Kinkify user data with other sources of data about them without the consent of Kinkify and the users.

5. Commercial Use

In general, we permit reasonable commercial uses of the API. Examples of permitted, reasonable commercial uses include:

  • Charging users a fee for parts of your application that don’t integrate with our API, such as advice, consulting, or engaging in the sale of your own products or services not competitive with Kinkify.
  • Displaying advertising in your application, so long as you are not misleading or abusing users; you comply with all applicable advertising-related laws, disclosures, and industry standards; and the advertising is not using, or collecting information tied to, member data obtained via the API.
  • Any use that is expressly authorised by Kinkify.

Prohibited, unreasonable commercial uses include (but are not limited to):

  • Selling or giving any third party the API, member content (that is not your own), or access to the API or content.
  • Charging a fee to use or access any part of your application that integrates with the API and that Kinkify provides to members free of charge.
  • Using the API primarily to drive traffic to other non-Kinkify websites or services.
  • Using the API in a manner unrelated to seller or buyer activity, such as to determine information about Kinkify’s internal systems or to perform marketing analytics, without the permission of Kinkify.
  • Using the API to obtain information on, track, or surveil Kinkify members or their content in a manner that would otherwise require (i) valid legal civil or criminal process, or (ii) express permission from the affected members.
  • Using the API to assist in creating databases of identifying information for any government or government sponsored entity (irrespective of any stated national security purpose) to abolish any human rights, civil rights, or civil liberties on the basis of race, gender or gender identity, sexual orientation, religion, or national origin, or otherwise in a manner that, in Kinkify’s view, would violate the Universal Declaration of Human Rights, including without limitation Articles 12, 18, or 19.
  • Using the API in any manner that violates Kinkify’s Anti-Discrimination Policy.
  • Using the API in a manner that violates the privacy of Kinkify or Kinkify’s users.

If you’re not sure if your application has a permitted commercial use or if you exceed the daily call limit, please contact us at wdg@kinkify.me.

6. Kinkify’s Trademarks

Remember to keep it original. You agree not to use Kinkify’s trademarks, logos, signature colors, layout, text, or other materials in a way that suggests endorsement from or affiliation with Kinkify. Similarly, you can’t create or use a mark that’s confusingly similar to our trademarks. Your use of Kinkify’s marks is subject to our Trademark Policy. Since this application is your work, Kinkify’s marks must be less prominent than your own. If you’re publicising or sharing your application, you may say that it was created using Kinkify’s API, but you can’t state that your application is endorsed or certified by Kinkify.

To prevent confusion, we require you to display this notice prominently on your application: “The term ‘Kinkify’ is a trademark of Kinkify, Inc. This application uses the Kinkify API but is not endorsed or certified by Kinkify.”

7. Indemnification of Kinkify

When you use the API to provide an application, you (and your successors in interest) agree not to sue Kinkify or our members on intellectual property, data breach, security, or data protection claims related to your application, or related to the Kinkify technologies that make your application possible.

In addition, you will not bring any intellectual property infringement claim, nor assist any third party in doing so, against Kinkify or our members, related to your use of, and access to, the API (including how your application interacts with Kinkify, the Site, the Apps, or the Services). For clarification, this paragraph relates to your use of and access to the Kinkify API, not to the content of any Kinkify shop you may control. For more information about limitations of liability (the things you can’t sue us for), click here.

These API Terms also incorporate all applicable parts of Kinkify’s Terms of Use, including Section 11, which contains an arbitration clause and class action waiver, under which you agree to resolve all disputes through binding individual arbitration. This means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

As noted above and in Section 12 and 13 of Kinkify’s Privacy Policy, you are an independent data controller under EU law. However, if you are found to be joint data controllers with Kinkify of user personal information, and if Kinkify is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of user personal information, you agree to indemnify Kinkify for the expenses it occurs in connection with your processing of user personal information.

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