QUANTONE API Terms of Use

Registration

In order to use the Quantone APIs you must first register by submitting an API Request Form. You agree to provide complete, truthful and accurate information in connection with such registration. Quantone reserves the right, at its sole discretion, to reject your registration.

Key Points

Your use of Quantone API is at your own risk. We make no warranty that these services will be uninterrupted, timely, secure, or error-free.

Quantone is not responsible for any damages or losses that occur as a result of the use of (or inability to use) Quantone API.

Quantone reserves the right to throttle, limit, or disallow your use of Quantone API, at any time, without notice.

YOUR AGREEMENT WITH QUANTONE

Quantone’s data and APIs (“API”), other ‘Quantone’ branded software and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) and whether made available for free or for a fee, (collectively the “API”) is licensed (not sold) to you by Quantone Limited.

Licence

Subject to your compliance with these Terms, you are granted a limited, nonexclusive, non-sublicensable, non-assignable, license to use the Quantone API.

This license does not grant to you any right to any version enhancement, update, or guarantee the continuous availability of the Quantone API. Quantone may revise, modify or cease to provide, require you to immediately cease using the Quantone API, or its functionality or any part thereof, which may result in loss of compatibility or denial of access to the functionality of the Quantone API and commercial activities related thereto, from time to time without notice.

For the purposes of these API Terms, "Permitted Purpose" shall mean either:

(a) the purpose of developing software or code to interface and connect a software application (the “Software Application”) with the Decibel API; or

(b) the purpose of developing software or code to interface a hardware device or other physical equipment (including any software embedded thereupon) (the "Hardware Device") with the Decibel API.

Restrictions

Your Software Application or Hardware Device (as applicable) shall in no way and to no extent whether directly or indirectly adversely affect, impede or otherwise hinder or disrupt the functionality or performance of the API provided by Decibel.

Without limiting the generality of the foregoing, you shall ensure that Your Software Application or Hardware Device (as applicable):

(i) does not adversely impact the quality of using API;

(ii) does not adversely impact the stability of the API;

(iii) does not adversely impact the behavior of other applications using thw API;

(iv) does not attempt to install spyware or malware on the servers;

(v) does not attempt to redistribute information about the use of API without express permission of the user;

(vi) correctly identifies itself to Quantone when requesting authorization;

(vii) does not attempt to modify the API in any way;

Save as expressly approved in writing by Quantone, You will not distribute the Software Application or Hardware Device (as applicable) online through website(s) that in Quantone’s opinion is/are in any way similar to, or infringe the intellectual property rights of Quantone or use Quantone’s trademarks or words describing Quantone’s products or services as, or as part of, the registered URL for website(s).

You will at all times maintain the value and reputation of the Quantone API, brand or name, to the best of Your abilities.

You will not use the Quantone API in any Software Application or Hardware Device (as applicable) that in Quantone’s opinion is actually or potentially fraudulent or inappropriate

You will not collect any user’s personal information or data in a misleading, illegal, unauthorised or unfair way

You agree that You are solely responsible for (and that Decibel has no responsibility to You or to any third party for) any services and/or products You provide through Your Software Application or Hardware Device

You may not and you agree not to:

(a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the API;

(b) undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the API or any part or features thereof (except to the extent permitted by law);

(c) remove, obscure or alter any copyright notices or other proprietary notices included in the API

(d) use the API or cause the API (or any part of it) to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude you using the API for your own business

If you are using Quantone API in software or services available to the public, you must ensure that the content owners appropriately license your product or service.

Visit http://www.prsformusic.com/users/Pages/default.aspx for more information on licensing or visit the licensing organization appropriate to your country of operation.

If you are using Quantone API and gather user information as part of your business, you must ensure that your service or product complies with the data protection laws of your country of operation.

Visit http://www.informationshield.com/intprivacylaws.html for more details.

If you are an existing Quantone client, using a trial account for a different application, or using a different Quantone API, please let us know in advance.

Use

API keys are for a single use only. Please request a separate API Key for each product you develop.

In the event that You wish to use the Decibel API in a manner other than as expressly set out in these API Terms such use is expressly prohibited unless and until Decibel enters into a specific licence with You.

Quantone agrees to permit you a limited, personal, terminable, non-transferable, nonexclusive right to access the Quantone API for the purpose of integration between the Quantone database and your website or software.

Warranty Disclaimers

The Quantone API and the use of the Quantone API are provided ‘as is’. Quantone, to the fullest extent permitted by law, disclaims all warrantees express or implied, statutory or otherwise, including, but not limited to warranties of merchantability, title, noninfringement of 3rd party rights, and fitness for particular purpose. Quantone further makes no warrantees about the accuracy, reliability, completeness, condition or timeliness of the Quantone API. Decibel does not warrant that your use of the Quantone API will be uninterrupted, secure, or error free

Limitation of Liability

In no event will Quantone be liable to you or any third party for any special, indirect, incidental, exemplar, punitive or consequential damages or penalties (including, without limitation, for lost profits or inability to access the Quantone API arising hereunder, or in conjunction herewith, even if Quantone has been advised of the possibility of such damages or penalties

IP Rights

When You use the Quantone API for a Permitted Purpose, You retain the IP Rights You may have in Your Software Application and/or Hardware Device

Termination

Quantone may terminate, suspend, throttle, limit access, update, alter or supplement, at its sole discretion, all or any part of the Quantone API at any time without notice. By permitting you access to the Quantone API, Decibel does not convey any interest in or to the Quantone API. All right, title and interest in and to the Quantone API is and shall remain in Quantone.

These API Terms will become effective upon first use of the Quantone API and will remain effective until terminated by either Quantone or You as set out herein. Quantone will not be liable in relation to any damage caused by the modification or termination of these API Terms and/or any other applicable Additional Terms.

Upon termination of these API Terms by You or by Decibel for any reason: (a) all licenses and rights to use the Quantone API shall immediately terminate and (b) You will immediately cease any and all use of the Quantone API and return any data that has been cached by your services, and delete your data cache

Permitted Use

You are permitted to store Quantone data for caching purposes for up to, but not exceeding, twenty-four (24) hours. You must refresh, re-display and/or re-request product links or product information at least once every twenty-four (24) hours via a web request to the Quantone API.

Non-Permitted Use

You are prohibited from violating or attempting to violate the security of the Quantone API, including, without limitation: (i) accessing data not intended for the purposes of this Agreement or attempting to access a server or database which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with the service to any other developer, host or network, including, without limitation, via means of submitting a virus to the Decibel API; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services in violation of the Quantone Privacy Policy. Violations of system or network security may result in civil or criminal liability. If your software or services are available to the public, you may not modify or resell the cached product links or information nor submit user applications on a user’s behalf without the user’s explicit direction. Decibel reserves the right, at any time, to direct you to delete any and all product links and/or product information cached for the purposes of this Agreement. You hereby acknowledge and agree that you will comply with such direction at the time directed.

Indemnification

You agree to defend, indemnify, and hold harmless Quantone (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Quantone API or your breach of this Agreement. Decibel shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

Amendments

Quantone reserves the right to modify the terms and conditions of this Agreement or provide additional usage requirements or limitations in its sole discretion at any time by posting a revised version hereof on this Webpage or by otherwise making such revised terms available for your review. Any such modifications will supersede all prior versions after the revised version has been posted on this Webpage or otherwise made available as described above. Your continued use of the Quantone API constitutes your agreement to any such revisions.

Language

The original English version of these API Terms may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.

Miscellaneous

Entire Agreement: The terms and conditions of these API Terms constitute the entire agreement between You and Quantone with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or Decibel arising out of fraud or fraudulent misrepresentation.

Partial Invalidity: If any provision of these API Terms, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to these API Terms as a whole, the legality, validity or enforceability of the remainder of these API Terms (including the remainder of the term which contains the relevant provision) shall not be affected.

No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by these API Terms or by law shall not constitute a waiver of that right, power or remedy. If Quantone waives a breach of any provision of these API Terms this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

Assignment: You are not allowed to assign these API Terms or any rights hereunder. Quantone is allowed at its sole discretion to assign these API Terms or any rights hereunder to any third party, without giving prior notice.

Applicable Law and Competent Court: These API Terms shall be governed by and interpreted in accordance with the laws of England & Wales, and shall be subject to the jurisdiction of the courts of England & Wales

EULA for Free Accounts

Requests are limited each day to 1000 hits. Your account will be frozen if you exceed your daily quota and you will need to contact api@quantonemusic.com to have your free account unfrozen.

If you feel you will exceed these, please let us know in advance so we can work to prevent your account being frozen, by emailing api@quantonemusic.com

Please email us in advance if you intend to use a free account in software or services available to the public. We'd appreciate the notice, and would like to work with you to ensure everything is well tested.

Important Notes

Please make sure you have read and understand the End User License Agreement

These terms and conditions, together with your registration as an API use, located form a binding agreement (the "Agreement") between you and Quantone Limited (“Quantone”).

This Agreement shall commence as of the date you click “I accept,” agreeing to be bound by the terms and conditions of this Agreement (the “Effective Date”) and shall continue until terminated by Quantone as provided herein.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY SUBMITTING A REQUEST TO USE THE DECIBEL API, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO DECIBEL THE RIGHTS SET FORTH HEREIN.HOW TO CONTACT DECIBEL

To contact Quantone in relation to the API, please submit a support request to api@quantonemusic.com