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  • API Program Agreement
  • API Program Agreement

    The Depositphotos API Program is a combination of software elements, specifications and documentation developed by Depositphotos for the purpose of facilitating interactions between a Reseller website and the File Provider (Depositphotos). The Application Program Interface (API) offers the Reseller modifiable tools and services which allow the Reseller access to the Depositphotos database and files in order to offer for sale said Files and files, as well as derivative products based on said Files.

    The Depositphotos API Program, including its constituent hardware, software modules, documentation and technical specifications, are the property of Depositphotos and distributed under a non-exclusive license valid worldwide, and said license extends to updates, changes, modifications, copies and other versions implemented by either Depositphotos or the Reseller, or for the Reseller’s use. This license cannot be passed to third parties or sublicensed. All rights to the Licensed Elements and their application, whether they are directly stated in the terms of this document or not, remain the property of Depositphotos.

    If you do not agree with the terms of this Agreement, you are prohibited from using the API Program.

    1. DEFINITIONS

    File Provider: The Depositphotos Inc. company, all divisions and subdivisions therein, its websites, databases, hardware, software and registered trademarks.

    Website: The stock file website (http://depositphotos.com) operated by the File Provider as a marketplace to sell licenses for the commercial use of many kinds and sizes of Files, comprising hardware, software, databases, files, Images, videos, screen designs, user interface elements, algorithms, the Users thereof, and all data related to their use of the website.

    File: A photograph, vector file or other graphic element, video, the electronic file describing and defining it, any subsidiary on-screen graphics used to represent it on the Website, along with all information about it, including but not limited to the artist/owner, the date it was uploaded, sales data, and licensing data.

    Finished Product: An electronic or physical product comprising one or more Files licensed from the File Provider.

    User: A registered user of the File Provider’s Website or the Reseller’s website.

    Reseller: A registered User of the File Provider’s Website licensed by the File Provider to use the API Program.

    Buyer: A User receiving Files, File data or any Finished Product from the File Provider database, whether obtained via the File Provider’s Website, the API Program, or any other means sanctioned and approved by the File Provider.

    Contributor: A photographer, illustrator, originator, creator and/or other owner of Files, registered as a Contributor on the File Provider’s Website, who uploads said Files to the Website for the purpose of selling licensing rights for their commercial use.

    API: An Applications Program Interface designed and implemented by the File Provider, comprising software methods, technical specifications and documentation, for the purpose of enabling registered Resellers to gain lawful access to elements of the File Provider’s database in order to use said elements to offer Files or Finished Products for sale.

    Licensed Elements: The program interface, code, algorithms, documentation, agreements, and other elements related to or part of the API Program and belonging to the File Provider.

    Relevant Agreements: This Agreement, the Membership Agreement, Terms of Use, and all other active and valid Agreements found at the File Provider Website or otherwise executed between the Reseller and the File Provider pertaining to use of the API Program.

    2. API TYPE DESCRIPTION

    2.1. API Types and Characteristics

    Partner API. The Partner API provides all functionality required for File searching in the File Provider database and displaying File examples and all related information to a user on the Reseller website. To purchase an File, a Buyer will be directed to the File Provider Website. Buyers who register on the File Provider Website after they entered through the Reseller’s link are tagged as referrals of the Reseller, who will earn income in accordance with the terms and conditions of the File Provider’s Affiliate Program.

    Business API. The Business API is a special API type that allows the sale of a derivative file based upon an original File as part of a Finished Product created "on demand" (as defined by US copyright law). The Reseller can manufacture products (such as T-shirts, mugs, mouse pads, calendars, posters, etc.) using and adapting Files from the Buyer’s order.

    Whether the Finished Product is in the form of electronic media, or applied to or part of manufactured physical products, the Files must be delivered to the client as part of a Finished Product and not as reusable Files. The Business API methods allow File searching through the File Provider database and displaying File examples and all related File information to a User on the Reseller website. File purchase transactions will be performed on the Reseller website without any reference to the File Provider.

    Files obtained through the Business API must be used for resale in the form of a Finished Product; hence the File Provider supplies them to the Reseller under the licenses EL3, EL4 and EL5: Physical and Electronic Goods for Resale. As such, it is the Reseller who defines the Finished Product value, but it cannot be less than the cost of Files sold by the File Provider under the licenses EL3, EL4 and EL5.

    Applications API. The Applications API enables creation of custom programs for interfacing with the File Provider’s File database. The Application API not only offers comprehensive access to the File Provider database, but also provides the User with shopping cart functionality, including adding to the cart, searching through the cart, deleting cart objects and the purchase of cart items.

    Reseller API. The Reseller API enables the sale of the File Provider’s Files on the Reseller’s website and offers the greatest price flexibility to the Reseller. Buyers are not redirected to the File Provider’s website for payment. This method is designed for a Reseller to create his/her own stock file website in order to sell Files acquired either wholly from the File Provider, or in conjunction with Files from other databases.

    The File Provider delivers Files to the Reseller at standard prices or via a subscription plan. The Reseller sets the price of Files resold to Buyers.

    The File Provider reserves the exclusive right to change the price of Files delivered to the Reseller through the API Program, upward as well as downward, at any time and at its sole discretion, with or without prior notification to the Reseller.

    3. API ACTIVATION PROCEDURE

    To start working with the API Program, a Reseller should:

    • Register for a Buyer’s account at the File Provider Website (http://depositphotos.com);
    • Determine which level(s) of API services best suits the Reseller’s needs;
    • Submit a request for an API key for the desired level(s) of API services.

    Once the File Provider issues an API key, the Reseller can begin to integrate the API Program into the Reseller’s website and start marketing Files and/or Licensed Products.

    The File Provider reserves the right to refuse to issue an API key to the Reseller for any reason(s), and is under no obligation to disclose said reason(s).

    4. API LICENSING GENERAL PROVISIONS

    By using the File Provider’s API Program, the Reseller confirms his/her consent to the following:

    • Reseller is a registered User with a legitimate and active Buyer’s account at the File Provider’s Website. All of the Reseller’s actions at the Website shall be within the bounds of the Relevant Agreements.
    • Reseller accepts full responsibility for any actions performed under his/her login and password on the File Provider’s website, and for their consequences, current or future. Reseller agrees and confirms that he/she will use the Licensed Elements in full accordance with terms and provisions of the Relevant Agreements, and in accordance with rules of US law, international law, regulations of the Reseller’s country of residence and other currently valid directives and government requirements.
    • Reseller accepts and agrees that all Files, including all files and information related thereto, are the property of the File Provider and/or Contributors; all such Files are protected by a combination of copyright laws, intellectual property law and other similar regulations. Reseller agrees to take all prudent and necessary steps to protect files against unlicensed and unauthorized copying, transmission and distribution. Reseller guarantees that each File shown on the Reseller’s website will be accompanied by the Contributor’s name.
    • Reseller does not and will not use the Licensed Elements to create, deliver, or distribute harmful program code, spyware, adware, viruses, worms, trojan horses, or any invasive, destructive or malicious software to the File Provider or Users. The Reseller’s website does not contain other mechanisms or devices designed for the purpose of or which may be used for deletion or modification of Website contents, dysfunction or failure of the Website or its equipment, computer systems or file, or otherwise affect the accessibility or the ability to use Files and/or the Website, or could cause similar harm to Users, User accounts or Users’ computers.
    • Reseller does not and will not use the Licensed Elements for unlawful purposes, or for any actions breaching the rights of third parties, including ownership rights, copyrights, intellectual rights and other related laws and rights.
    • Reseller will not sell, pass, give access to, lend, or sublicense the Licensed Elements or direct access to the API Program or otherwise gain income from using the API Program, except in ways directly described at the File Provider’s website and specified in the Relevant Agreements.
    • Reseller will not use elements of the File Provider’s Website’s design, logotype, user interface, or overall style beyond the scope of the API Program implementation for any purpose, especially but not limited to attracting customers, or cultivating the impression that Reseller acts in the name of or by the order of the File Provider, its representatives, managers, staff members, employees, or other representatives. The Reseller shall not make representations that his/her website, in whole or in any of its parts, was created by or approved by the File Provider.
    • Reseller shall report to the File Provider all transfers of the File Provider’s Files conducted through the Reseller to the Buyer, as well as any subsequent re-sales of said Files.
    • Reseller shall not use the API Program for advertising competing services, or public comparisons between the File Provider and its competitors.

    Reseller’s failure to consent or comply with the above terms shall constitute grounds for immediate breach of this Agreement.

    5. LICENSE TERMS FOR CERTAIN API TYPES

    Depending on the API type used, the Reseller confirms and agrees with the following:

    5.1. For Partner API:

    • Reseller will not complete File transactions independently of the File Provider and will not download Files to Buyers using the Partner API, and will use the Licensed Elements solely for search, display and selection of Files, transferring Buyers to the File Provider’s Website for the purchase and transfer of Files.
    • Reseller agrees that the File Provider can for any reason and without citing a reason withdraw permission for use of the API by the Reseller or at the Reseller’s website, if the File Provider deems such use to be unlawful or harmful to the File Provider.
    • Reseller’s sole source of income derived from API usage in the File Provider’s Partner API Program is from commissions on transactions by Buyers and Contributors referred by the Reseller to the File Provider’s Website, as governed by the terms of the Affiliate Program.
    • Reseller will receive payments into his/her account according to the terms of the Affiliate Program only if and when the Reseller is in full compliance with the terms of all Relevant Agreements.

    5.2. For Business API:

    • All Finished Products comprising the File Provider’s Files shall respect and adhere to all applicable copyrights and related rights and comply with all of the File Provider’s requirements concerning Permitted Derivative Works as described in the Standard and Extended License Agreements.
    • The price paid by a Buyer for a Finished Product shall be not less than the sum of the prices of all File licenses used in said Finished Product.
    • Files licensed using the Business API can be used only for the creation of a Finished Product and delivered to the Buyer solely as part of a Finished Product, and cannot be licensed separately or delivered in any other format.
    • Reseller shall report to the File Provider all subsequent re-sales of any Finished Product incorporating the Files Provider’s Files, and remit all appropriate remuneration to the File Provider for said re-sales.
    • Each transfer of a Finished Product to the Buyer is a multi-stage process: the Buyer selects the File(s) and type of Finished Product and places an order, the Reseller purchases the File(s) from the File Provider at the price(s) valid on the File Provider’s Website at the moment of purchase, the Reseller downloads the File(s) and integrates it(them) into the Finished Product, the Reseller transfers the Finished Product to the Buyer, and the Buyer is charged a price determined by the Reseller.
    • Every Buyer’s order at the Reseller’s website shall correspond with a purchase of the File(s) from the File Provider.

    5.3. For Applications API:

    • Reseller will use the Applications API solely for non-commercial purposes. In the event commercial use or the potential for commercial use is discovered, Reseller is obligated to apply to the File Provider for permission to approve and/or negotiate a new license for such usage.
    • Reseller shall treat all data containing personal or technical information about Buyers as confidential information, and shall not use it, save it, transfer it or disclose it to any third party for any reason, except for the purpose of marketing and licensing Files from the File Provider.
    • Reseller shall report to the File Provider all subsequent re-sales of any Finished Product incorporating the Files Provider’s Files, and remit all appropriate remuneration to the File Provider for said re-sales.

    5.4. For Reseller API:

    • Reseller warrants that the Reseller API is used solely for the licensing of File Provider Files on the Reseller’s website.
    • To the best of Reseller’s knowledge, each File licensed by a Buyer is used within the limits of the File Provider’s License Agreement purchased by the Buyer, and that the Buyer confirmed his/her consent with the terms of this License Agreement at the time of purchase.
    • The price of the Files delivered to the Buyer shall be not less than the price paid by the Reseller for the Files purchased directly from the File Provider.
    • Reseller shall report to the File Provider all subsequent re-sales of any Finished Product incorporating the Files Provider’s Files, and remit all appropriate remuneration to the File Provider for said re-sales.
    • Every Buyer’s order at the Reseller’s website shall correspond with a purchase of the File(s) from the File Provider.
    6. INDEMNITY ORDER

    The Reseller agrees to pay and indemnify, and also to take the part of Depositphotos (its management, employees, shareholders, partners, etc.) in case of any claims, liabilities, losses and expenses (including legal fees on a solicitor and client basis) being a result of:

    1. Purposeful or casual usage of the Website and/or files therein as accessed through the Reseller's login and password, irrespective of who performed authorization;

    2. Any correspondence or download made by the Reseller under the Reseller's login and password;

    3. Any breach by the Reseller of the terms and provisions of this Agreement;

    4. Claims brought by the Contributor among similar claims stating that Provider’s actions infringe copyright, ownership rights and any other rights of third parties.

    The File Provider reserves the ability and right to assume control and defense of any kind at the expense of the Reseller or require indemnification from the Reseller. The Reseller expresses his/her consent to cooperate with the defense of the File Provider in case of such claim.

    Reseller guarantees to the File Provider, its agents, management and employees that he/she will defend the File Provider from claims of any third parties as a result of the use of elements of the style, design, Licensed Elements and files, breach of this Agreement, use of services and programs of the File Provider that were the reason or otherwise induced losses, expenses, damages incurred in fact as well as those that could be incurred as a result of claims, complaints, legal prosecution, an effect of lawsuit, dues and fees of any type.

    7. PROHIBITED ACTIONS

    Prohibited actions are any actions which can entail harm to the File Provider, or cause full or partial loss of financial benefit. Resellers engaging in prohibited actions are considered in unilateral breach of this Agreement. Prohibited actions include, but are not limited to, the following:

    • Caching and/or preserving Files without the File Provider’s permission for unapproved uses, resale or other unauthorized purposes;
    • Concealing information or providing false or incorrect information about sales totals or profits on File sales;
    • The sale of the File Provider’s Files without paying to the File Provider the contracted fees;
    • Attempts to gain access to personal information, control systems and other data contained at the File Provider’s Website other than that required for API program operation;
    • Distorting or misrepresenting information while applying for a key enabling any level of API Program access;
    • Providing false data on the Reseller website upon which the API Program file is offered;
    • Any action which could discredit or harm the File Provider, Website, or Depositphotos in the whole, cause full or partial loss of financial benefit, or result in the unauthorized disclosure of business or personal information;
    • Disclosure of the substance, details, texts of the Agreements and correspondence between the File Provider and Reseller;
    • Any use of the Affiliate Program or API which could result in injury to the File Provider’s Website;
    • The direct or implied characterization of the Reseller, Reseller website or Reseller personnel as employees, staff members, managers or other representatives of the File Provider, or that the Reseller is acting on the behalf of the File Provider.

    All business correspondence, agreements and contracts executed between the File Provider and the Reseller are deemed commercial secrets, and are to be kept strictly confidential. The File Provider reserves the right to seek indemnification for damages, financial and otherwise, for unauthorized disclosure of these commercial secrets.

    8. TERMINATION

    This Agreement shall commence upon acceptance of conditions hereof at the File Provider Website, or when signed by the Reseller, or at the first instance of API Program usage. The Agreement is valid until its direct termination.

    The File Provider reserves the right to unilaterally breach this Agreement for any reason at any time without prior notification, and is not obligated to disclose a reason for said breach.

    Upon termination of the Agreement the File Provider reserves the right to retain the money at the Reseller’s account balance.

    Irrespective of other terms of this Agreement, breach or other termination thereof does not indicate correction or mitigation of the Reseller’s obligations of reimbursement of downloaded Files.

    This Agreement will be terminated without prejudgment to the rights of the File Provider, in accordance with the fact of defense and limitation of liabilities provided and guaranteed by this Agreement, Terms of Use, and Membership Agreement, which defense, limitations of liabilities and rights shall survive this Agreement’s termination. Similarly, terms and provisions of this Agreement in respect of confidential information, indemnification, control over files, disclaimer of liability and other kinds of liability limitations will survive in full upon the fact of termination of this Agreement.

    9. DISCLAIMER

    The File Provider’s website content and the site itself are offered for review and use without any interference from the side of the Website holders (except pre-moderation), or conditions and warranties, implicit and explicit. These warranties include terms and conditions of merchantability. The File Provider does not guarantee that the Website content and its operation will meet expectations and requirements of the Reseller, nor that the process of its usage will be faultless or uninterrupted for any reason.

    The File Provider cannot and does not guarantee that the website or files contained therein and available for download will not contain contamination, viruses, or other destructive functions.

    10. LIMITATION OF LIABILITY

    The Reseller understands and accepts responsibility and assumes all risk resulting from any use of the Website, including without limitations any information or other files contained at the website.

    The File Provider, its employees, management, partners, shareholders, and agents are not responsible for failures of any kind or disruption of the Website functionality resulting in loss of business information, profit or other financial losses in connection with claims of any kind, losses, petitions, actions or other events arising out of this Agreement, as well as out of jurisdiction thereof, including without limitations the Website navigation, usage, access to any content or its part, as well as any rights including warranted ones, even if Depositphotos was advised of the theoretical possibility of such failures, irrespective of whether an occurrence or Website failure was the result of infringement on intellectual or other property, was based on a breach of law, negligence, contract responsibilities, or other similar cases and situations, or not.

    The File Provider is not responsible for temporary or permanent, partial or full failure of the API Program or trouble in its operation. The File Provider is not responsible for lost profits in connection with API Program failures.

    In accordance with the terms of this Agreement or by virtue of run and usage of the Website in the whole or any of its parts and resources by any means, the total amount of the File Provider’s aggregate liability shall be limited to the amount of the remuneration received by the File Provider for the file on record, but in no case shall the cash equivalent of such compensation exceed $100 USD (100 United States dollars).

    11. APPLICABLE LAW

    The Website is operated, managed and controlled by Depositphotos Inc., principally located in the state of Florida, USA. The Website is accessible for use in any country of the world. Since the regulatory systems of all countries have unique laws and subordinate acts that may differ from laws governing the state of Florida, by entering the Website, the Reseller agrees that this Agreement is governed by the laws of Florida, applicable therein. This Agreement does not fall under the jurisdiction of the UN Convention on International Trade Contracts.

    The Reseller agrees to handle and process all necessary notifications sent to the postal address given by him/her during registration at the Site.

    The Reseller agrees to refrain from:

    • Exercising any rights he/she could have in connection with the process or result of a trial by jury.
    • Taking part or organizing any collective claim against the File Provider in connection with the Site work, provisions of this Agreement or any agreements mentioned herein.

    Any conflicts that arise in connection with this Agreement, including without limitations its interpretation, performance or application order, breach and implementation shall be submitted to arbitration in the state of Florida, USA.

    If the File Provider is obligated to go to non-arbitration court for collection of any payable fees or enforcement of its rights, the Reseller agrees to reimburse the File Provider for all expenses, payments and fees in the event that the File Provider is successful.

    12. RELATIONSHIPS OF PARTIES

    The Reseller confirms and guarantees that under no circumstances will he/she represent or perform actions that could be interpreted as if he/she were an employee, administrator, manager or contractor of Depositphotos Inc.

    The fact of the Reseller’s consent with this Agreement and use of the API Program in no way means that there are employer/employee relationships or agent agreements and arrangements between the Reseller and File Provider.

    The File Provider carries no responsibility for any actions made by the Reseller with banners, emblems, links and other elements of design and intellectual property of the File Provider’s Website.

    13. CONTACTS

    For any questions in connection with the provisions of this document, the Reseller is encouraged to contact the File Provider using the information below:

    E-mail: support@depositphotos.com .

    Or use the form Contact Us .

    14. ACKNOWLEDGEMENT

    IN ACCEPTING THIS AGREEMENT, THE RESELLER ACKNOWLEDGES THAT THE RESELLER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF DEPOSITPHOTOS’ AGREEING TO SUPPLY THE API INTERFACE AND MAKE AVAILABLE THE USE, PURCHASE AND DELIVERY OF FILES WITH ITS HELP, RESELLER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. RESELLER FURTHER AGREES THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE RESELLER AND THE FILE PROVIDER, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN THE RESELLER AND THE FILE PROVIDER RELATING TO THE SUBJECT OF THIS AGREEMENT.

    Disclaimer: The original, legally binding version of this document is written in English, and it is translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supercedes the translated version.

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