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Term & Conditions
Please read and accept our terms & conditions
Aloqa API Terms of Use These Aloqa API Terms of Use ("Aloqa API Terms") is an agreement between you (either an individual person or a single legal entity, who will be referred to in these API Terms as ("You"), and Aloqa GmbH, Holzstr. 30, 80469 Munich, Germany as ("Aloqa"). 1. LICENSE AND COMPLIANCE WITH TERMS 1.1 These Aloqa API Terms govern use of the Aloqa Content Publisher application programming interface ("Aloqa API"). The Aloqa Terms of Use govern use of all of the products and services available at and through the www.aloqa.com website and can be found at http://www.aloqa.com/Legal/Terms-of-Use. You may use the Aloqa API only in accordance with the terms and conditions of these Aloqa API Terms, the Aloqa Terms of Use, and any of Aloqa's published API approval processes and guidelines. 1.2 You may use the Aloqa API to publish your own channel ("Channel") containing your own content ("Client Content") on the Aloqa mobile application, widget or mobile webpage ("Aloqa Service") . For avoidance of doubt, Client Content is where Aloqa hosts content on your behalf (including by a third party hosting provider). 13 Aloqa may monitor your use of the Aloqa API to ensure quality, improve Aloqa products and services, and verify your compliance with these Aloqa API Terms. You shall not interfere with such monitoring or otherwise obscure from Aloqa your use of the Aloqa API. Aloqa may use any technical means to overcome any such interference. 2. CLIENT AUTHORIZATIONS AND OBLIGATIONS 2.1 During the term of these Aloqa API Terms, You agree to provide a web link on your website to the Aloqa Download page to allow your users to download the Aloqa Mobile Application. 2.2 You understand that Aloqa determines where and in what format your Channel would appear in the Aloqa Service, and Aloqa reserves the right to remove the Channel at anytime in Aloqa's sole discretion. 2.3 By publishing Client Content using the Aloqa Service, You grant to Aloqa a worldwide perpetual, paid-up, royalty free license to use of Client Content and portions thereof for the following to: a. use it in any of Aloqa's other content channels offered in the Aloqa Service ; b. cache it on Aloqa servers and in the Aloqa Service or those of third party hosting services; and c. modify it, such as for repurposing snippets and shrinking images; 2.4 You understand that Aloqa may integrate its own content ("Aloqa Content") with Client Content on your Channel. 3. OWNERSHIP OF INTELLECTUAL PROPERTY 3.1 All title and intellectual property rights in and to your Client Content are owned by You or your licensors or suppliers. Nothing herein grants to Aloqa any ownership in the intellectual property rights in the Client Content. Any feedback or comments related to the Client Content obtained by Aloqa is owned by Aloqa. 3.2 All title and intellectual property rights in and to the Aloqa Service and the Aloqa Content are owned by Aloqa or its licensors or suppliers. Nothing herein grants to You any ownership in the intellectual property rights in the Aloqa Service or the Aloqa Content. 4. PROHIBITIONS You will not, and You will not encourage or create functionality for your users or other third parties to: a. interfere or attempt to interfere in any manner with the proper working of the Aloqa API, Aloqa Service and the www.aloqa.com website; b. circumvent or render ineffective any geographical restrictions, including IP address-based restrictions; c. sell, lease, lend, convey, redistribute, or sublicense to any third party all or any portion of the Aloqa API or Aloqa Service d. use the Aloqa API in any manner or for any purpose that violates any law or regulation, any right of any third person, including but not limited to intellectual property rights, rights of privacy, or rights of publicity, or in any manner inconsistent with these Aloqa API Terms or the Aloqa Terms of Use. e. use the Aloqa API intentionally to encourage or promote copyright infringement or the exploitation of copyright infringing materials; or f. misrepresent your identity when registering for use of the Aloqa API or mask your usage of the Aloqa API. 5. TERMINATION You may terminate these Aloqa API Terms at any time by deleting your Aloqa API account and discontinuing the use of the Aloqa API. These Aloqa API Terms terminate automatically if (i) You violate any terms of these Aloqa API Terms, (ii) Aloqa posts a written notice of termination at the www.aloqa.com website, (iii) Aloqa sends a written notice of termination to You, or (iv) Aloqa ceases providing access to the Aloqa API to You. In the event of termination, You understand and agree that Your already published Client Content might still reside on Aloqa Service as long as disconnected. In this case 2.2 and 2.3 a and b are still in effect. 6. DISCLAIMER OF WARRANTIES YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ALOQA API AND ALOQA SERVICE IS AT YOUR OWN RISK AND THAT THE ALOQA SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER. ALOQA DOES NOT WARRANT THAT THE FUNCTIONS OF THE ALOQA API WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF ALOQA API AND ALOQA SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE ALOQA API AND ALOQA SERVICE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE OF THE ALOQA API AND ALOQA SERIVCE. ALOQA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO: NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALOQA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THESE ALOQA API TERMS OR USE OF THE ALOQA API. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALOQA ALSO DISCLAIMS ALL LIABILITY FOR ACTS OR MATERIAL PRESENTED BY CONTENT PARTNERS, ADVERTISERS, AD-SERVING PARTNERS OR OTHERS (INCLUDING UNAUTHORIZED USERS). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, ALOQA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE ALOQA API TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAYABLE BY YOU UNDER THESE ALOQA API TERMS. 8. INDEMNIFICATION To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Aloqa 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 Aloqa API and Aloqa Service, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, based upon your use of the Aloqa API and Aloqa Service or breach of these Aloqa API Terms. 9. MISCELLANEOUS 9.1 Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of these Aloqa API Terms, You and Aloqa 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 Aloqa, express or implied, and you shall not attempt to bind Aloqa to any contract. 9.2 Trademarks. Except as provided herein, neither party may use the name, trademarks, trade names, domain names or other designation of the other party in connection with the sale or advertizing of any product or service without the written approval other the other party. Aloqa may use your name, trademarks, trade names, domain name and other designations in connection with disclosing the nature of your relationship with Aloqa. 9.3 Invalidity of Specific Terms. If any provision of these Aloqa API Terms 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 the other provisions of such documents remain in full force and effect. 9.4 Choice of Law, Venue, and Attorney's Fees. These Aloqa API Terms shall be deemed to be executed and to be performed in the State of California, and shall be exclusively governed by, construed and interpreted in accordance with the laws of the State of California as to all matters, including but not limited to matters of validity, construction, effect and performance, excluding choice of law principles of such State which would require application of the laws of another jurisdiction. In the event of any controversy, claim or dispute between the parties hereto arising out of or relating to these Aloqa API Terms, such controversy, claim or dispute shall be tried exclusively in the courts of the State of California or in the United States Federal District Court for the Northern District of California, located in the County of Santa Clara, as either party may elect. If any action or proceeding is brought to enforce the terms of these Aloqa API Terms, the prevailing party in such action or proceeding shall be entitled to recover its costs and reasonable attorneys' fees incurred whether or not suit is prosecuted to judgment. 9.5 No Waiver of Rights by Aloqa. Aloqa's failure to exercise or enforce any right or provision of these Aloqa API Terms shall not constitute a waiver of such right or provision. 10. ENTIRE AGREEMENT These Aloqa API Terms are the entire agreement between You and Aloqa concerning the subject matter herein, and supersedes all prior communications, proposals and representations with respect Aloqa or any other subject matter covered herein. To the extent the terms of these Aloqa API Terms conflict with those of the Aloqa Terms of Use, the terms of these Aloqa API Terms shall control. 11. CHANGES TO THE TERMS Aloqa holds the right to make changes to these Aloqa API Terms. If changes have been performed a new version of these Aloqa API Terms will be published and available for You at http://publisher.aloqa.com/provider/terms-of-use.htm. You understand and agree that usage of the Aloqa API Data, after the publishing of a new version, will be regarded as an acceptance of the new Aloqa API Terms. If you have any questions, contact Aloqa via email at publisher@aloqa.com.
I accept this terms & conditions.