FaceR^TMAPI

Overview

Thank you for using the FaceR^TM Face Recognition application programming interfaces (hereinafter: FaceR APIs) offered to you as a service from Animetrics Inc., Conway, New Hampshire. The FaceR API allows you to incorporate face detection and recognition capabilities into your web-enabled application, website or service. These Terms of Service were written to allow You to understand what you can and what you can't do when using FaceR API to tag, analyze or recognize faces in photos.

• FaceR allows You to use our API in a limited manner, for a limited number of API calls as defined from time to time by this Terms of Use Agreement.


• We also want You to make sure that Your users are notified when being tagged or identified in photos, and that you receive their consent before using their photos.


• It is your responsibility to make sure that the content that goes through the FaceR API is legit, and that You, or Your users, have the proper authority to use it.


• To maintain a fair and decent use ofFaceR API, do not let anyone else use your API key.


• The FaceR API requires You to use industry standard security measures and make sure that You don't have any malware being installed on your users computers.


• The FaceR API wants to make sure that you know that all the content you post to our website and developer documentation will be displayed to others, and that others may use the source codes you post on the developer wiki and documentation. Alongside this legal document, which is a binding agreement between You and Animetrics, You should read the entire FaceR API documentation and guidelines (hereinafter: Guidelines), which alongside these terms of service (hereinafter:Terms), constitute as API Documents.


• This Agreement is between Animetrics Inc. (hereinafter: Animetrics) and Yourself (hereinafter: You), a legal person, who accepted and received the API Key as defined below.


• If You are not a natural person (i.e, you obtained the API Key for your company) you hereby warrant that You are in capacity to enter into this Agreement on behalf of the non-natural person.


• If You are a natural person, you hereby warrant that you have the capacity to enter into these Terms, You are over 18, or You have obtained the consent and approval of Your Guardian.

1. Grant of License: You are hereby granted the authorization to use The FaceR API on a worldwide (except as limited below), non-exclusive, personal, non-transferable, revocable, limited and royalty-free basis according to the terms and conditions set forth herein.


1. API: Subject to the terms set forth, You may use FaceR API and any updates provided by Animetrics (according to its sole discretion).


2. API Key: the FaceR API shall provide You with an application identification key (hereinafter: API Key) which You will incorporate into Your application or service.


1. One Key Per Service: You may only create a single API Key per application or service and such API Key must accompany all web services requests coming from that application or service.


2. The Key Is Personal: The API Key is personal and secret. You may NOT transfer it to anyone else, or allow any other person to use the Key.


3. Request for additional API Keys: You can sign up for an additional API Key at http://www.facerapp.com. You must provide accurate identification, contact, and other information required as part of the registration process. You SHALL NOT create any script or other automated tool that attempts to create multiple API Keys.


4. Limited Use: The FaceR API may limit Your use of the API key or the number of API calls made per a duration, all with accordance to the API Documentation.


5. Your Application or Service does not infringe on any rights: You hereby warrant that Your Application or Service does not infringe any right of any 3rd party, including patents, trademarks, copyright, trade secrets, and all and any other rights. You also warrant that Your Application or Service does not, in any way, violate New Hampshire Law or Your local laws.


3. Redistribution of Code Sample under BSD: All computer code posted in our API Documentation, either posted by You or by Animetrics, shall be released under the BSD License, available at http://www.opensource.org/licenses/bsd-license.php. You hereby grant Animetrics, and the general public, all rights with accordance to the BSD License to use any posting of computer code, and warrant that You are the sole proprietor of any computer code posted on API Documents, or are in capacity to license it.


4. Any Posting in Dev Wiki under CC-BY-SA: Any posting made by You in the API Documents, apart from computer code licensed under the BSD License, shall be licensed to the general public under a Creative Commons By Attribution License, available at http://creativecommons.org/licenses/by-sa/3.0/deed.en. You hereby grant Animetrics, and the general public, all rights with accordance to CC-BY-SA License to use any posting of and warrant that You are the sole proprietor of any content posted on API Documents, or are in capacity to license it.


5. Animetrics May use Your contributions: You hereby grant to Animetrics all rights to use and incorporate any contents of communications between Animetrics and You, apart from legal negotiations, confidential material or user login details, in the API Documents, or any other Animetrics product or service without compensation to you and without further recourse by you.


6. Your Submissions must be non-offensive, legal and virus free: You hereby warrant that You have the full authorization to post all the materials posted to Animetrics or API Documents, including software and documents and that all posts do not violate any right of any 3rd party, including intellectual property rights, and that all software code posted must be checked with Internet industry standard up-to-date antivirus and anti-worm software, and determined to be virus-free and worm-free. Any data provided to Animetrics must not contain harmful scripts or code.


7. Animetrics' Intellectual Property: The Animetrics APIs are protected by copyrights, trademarks, patents, service marks, international treaties, and/or other proprietary rights. Animetrics' rights apply to the FaceR API and all output and executables of the FaceR API, excluding any software components developed by you which do not themselves incorporate the FaceR API or any output or executables of the FaceR API. 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 of Use. Animetrics owns all rights, title, and interest in and to the FaceR API. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by Animetrics, including (but not limited to) the FaceR API and Animetrics trademarks.


8. Termination: You may terminate the license at any time by discontinuing use of all or any of the FaceR API. Animetrics may terminate Your License or the FaceR API at any time and for any reason. This license shall terminate automatically when (i) You breach any term of these Terms; or (ii) Animetrics publicly posts a written notice of termination, to You or to the general public on Animetrics' Web site; or (iii) Animetrics sends a written notice of termination to you, or (iv) Animetrics ceases providing access to the FaceR API to you.


2. API Compliance: If your product or service uses or is based upon the FaceR API, then You shall comply with all the following:
    
   
   1. Attribution: You shall provide proper attribution to Animetrics. The FaceR API Attribution Policy located at http://animetrics.com/terms-of-service/.
   
   
   2. Privacy Policy Adherence: You shall adhere to a privacy policy no less strict than Animetrics's privacy policy; You may find Animetrics' privacy policy at http://animetrics.com/privacy-policy/ . Moreover, You must notify Your users what information you will use, who will be entitled to use such information and who processes information. If you are uncertain that Your privacy policy adheres to Animetrics', consult your lawyer and Animetrics.
   
   
   3. Transparency to Users and Notification: If Your application or service makes any personal information available to any user apart from the user which provided the Photos or data used by the FaceR API, You must inform the users located in the photos, that they were tagged by your service or application, to the most possible extent, and provide them with the ability to remove the tags, correct them or block the application or service. Moreover, when dealing with personally identifiable information, you may not retain, store or convey to 3rd party, and must immediately remove from any Application or Service, and any data repository in your possession or control, any or 3rd party user data obtained through the Animetrics APIs not explicitly identified as being storable indefinitely in the API Documents or by the 3rd Party.
   
   
   4. Use of Industry Standard Security Mechanisms: Your networks, operating system and software of its web server(s), routers, databases, and computer systems must be properly configured to Internet industry standards, as required to securely operate your Application or Service. If you do not completely control any aspect of your system, you will use all control or influence that you have over such systems, and you will not architect or select systems in a manner to avoid the foregoing obligation. An example of an unacceptable server is one that hosts phishing websites, sells unlicensed pharmaceuticals or operates any other illegal activity. An example of architecting in an unacceptable manner would be if you select a server operated by a vendor with substandard security practices, so that you could contend that you do not control such server, in order to avoid having to select an acceptable server. You must promptly report any security deficiencies in or intrusions to your Systems that you discover to Animetrics in writing via email to [email protected] . You will work with Animetrics to immediately correct any security deficiency, and will disconnect immediately any intrusions or intruder. In the event of any such security deficiency or intrusion, You will make no public statements (i.e. press, blogs, forums, etc.) without prior written and express permission from Animetrics in each instance.
   
   
   5. Licensed Use: You hereby represent and warrant to Animetrics that:
       
      
      1. You have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute any content in, or made available to, Animetrics and Animetrics' users by your use of the FaceR API in the manner contemplated under these Terms, and that use by Animetrics or others of any such content via the Animetrics web service or API shall not violate the rights of any third party (e.g., copyright, patent, trademark, or other proprietary right of any person or entity), or any applicable regulation or law, including but not limited to any export, re-export, or import laws and the laws of any country in which your content or service is made available;
      
      
      2. If you submit or permit the submission of your or your users’ content or activity through or into a Animetrics web service or API, You shall make sure that You and Your Users also grant Animetrics the following perpetual, non-exclusive license to, use of, and rights to Your or Your users’ content or activity to others (such “others” may include but are not limited to Animetrics users): (i) to access, distribute and/or display your or your users’ content or activity; (ii) the ability for Animetrics registered users to comment on and tag Your Content; and (iii) the ability to access, reproduce, distribute and/or perform your or your users’ content, activity, or information via Animetrics’s web service APIs or via RSS or any similar XML or related feeds both on and off Animetrics-controlled web sites.
      
      
   6. No Disclosure of Data to 3rd parties: You may not store any Animetrics user data (or 3rd Party user data) in any data repository which enables any 3rd party (other than the Animetrics user) access unless such third party access is disclosed in your privacy policy which must be directly accessible through a link in your Application using Animetrics APIs.
   
   
3. Adhere to Best Practices:
    
   
   1. Illegal Use: You shall not use the FaceR API Use in any manner or for any purpose that violates either the New Hampshire or Your local law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with these Terms of Use;
   
   
   2. Non-Offensive Use: You shall not use the FaceR API in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, any hacking, surveillance. Interception, or descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;
   
   
   3. Non-Critical Use: You may not use the FaceR API to operate mission critical application where human life or property may be at stake. You understand that the FaceR API are not designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Animetrics is not responsible;
   
   
   4. Rate Limiting: You shall use the FaceR API in a reasonable manner that complies with reasonable request volume, and shall not create any excessive or abusive usage, or otherwise fail to comply or is inconsistent with any part of the API Documents relating to rate limiting.
   
   
   5. Non-Competition: You shall not use the FaceR API in a product or service that competes with products or services offered by Animetrics.
   
   
4. 3rd Party Terms: If your use of FaceR API shall any 3rd party API, including Facebook or Twitter user information, or otherwise read or write information from or to any 3rd party user accounts through FaceR API, you must use Your Facebook or Twitter API credentials to authenticate Your access to the Animetrics network.


1. Adherence to 3rd Party Terms: You hereby agree to adhere to the terms set by any 3rd party which you use the FaceR API to call, and shall not circumvent, or otherwise manipulate, any protection of Your, Animetrics's or the 3rd Party's users. You shall adhere to the 3rd Party's guidelines, as they shall vary from time to time, and not convey any information to users who are not entitled to obtain such information. You shall not, by any way, store any unique authentication token, or any other personal key.


2. Assistance and Adherence: Animetrics takes users security and privacy very seriously, and You agree to give us all necessary assistance, on your own expense, to assure that the operation of your application or service is in compliance with these Terms and any applicable laws. You shall provide Animetrics with any documentation required in order to verify that you are in compliance of these terms, and You shall cooperate, if needed, with all inquiries regarding any unauthorized use of Your API Key, Application or Service. You must be reachable at all times for security questions or concerns.


3. Obtaining Complete Consent: You shall be solely responsible for securing clear, express consent from the user, granting you permission to access such 3rd party account using his credentials, including if applicable, retrieving user-specific information, user’s friends account information, or writing information to such users accounts. You will strictly comply with the scope of express consent they granted you when accessing such user’s account.


5. Support: The FaceR API is provided without any support; However, Animetrics may elect to provide You with support or modifications for the FaceR API (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Animetrics may change, suspend, or discontinue any aspect of the FaceR API at any time, including the availability of any FaceR API. Animetrics may also impose limits on certain features and services or restrict your access to parts or all of the FaceR API or the Animetrics Web site without notice or liability.


6. Fees: The FaceR API currently provided under the pricing schedule described at https://market.mashape.com/animetrics/animetrics-face-recognition/pricing. However, Animetrics may change the fees and fee structure for future use of or access to the FaceR API or the Animetrics services according to its sole discretion. If Animetrics decides to change the FaceR API Services fees structure, Animetrics will provide you prior notice of such charges. Animetrics may also charge You when providing You a service different from the service under these Terms; for example, we may charge additional fees for excessive API use.


7. Warranty: THE FACER API ISPROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND ANIMETRICS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF ANIMETRICS APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY FACER API INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
   SOME OF THE ANIMETRICS APIS ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. ANIMETRICS DOES NOT REPRESENT OR WARRANT THAT THE FACER API IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.


8. Liability: ANIMETRICS 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 ANIMETRICS 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 ANIMETRICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL ANIMETRICS BE LIABLE TO YOU FOR ANY AMOUNT.
   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 5 AND 6 MAY NOT APPLY TO YOU.


9. Waiver: To the maximum extent permitted by applicable law, you hereby release and waive all claims against Animetrics, 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 Animetrics APIs. 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. Indemnification: To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Animetrics 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 FaceR API (including anything you develop using the FaceR API), 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. Animetrics shall use good faith efforts to provide you with written notice of such claim, suit or action.


11. General Terms:


1. Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of these Terms, You and Animetrics 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 Animetrics, express or implied, and you shall not attempt to bind Animetrics to any contract.


2. Severability: If any provision of these 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.


3. Jurisdiction, Governing Law: The Terms and the relationship between you and Animetrics shall be governed by the laws of the State of New Hampshire without regard to its conflict of law provisions. You and Animetrics agree to submit to any claim solely to the courts located within the city of Conway, NH.


4. No Waiver: Animetrics' failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.


5. 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 Terms of Use. Any construction or interpretation to be made of these Terms shall not be construed against the drafter. These Terms constitute the entire agreement between Animetrics and you with respect to the subject matter hereof.