The following WPBay API Service Terms and Conditions (API Terms) govern access to, and use of the WPBay Marketplace Site application programming interface service (API Service).
The API Service is made available to WPBay Members and is owned and operated by WPBay.com.
You will be deemed to have accepted these API Terms when you begin using the API Service. If you do not want to agree to these API Terms, you should not use the API Service.
In these API Terms:
- Member means a person who is registered as a Member by completing and submitting the Membership application, accepts the Membership Terms and Conditions and that application is accepted by WPBay.
- In these API Terms, a reference to “we” or “us” means WPBay and a reference to “you” or “your” means a Member.
- Application is any software application or service that you create which uses the API Service.
- Sites : the following WPBay Marketplace web sites, including but not limited to:
In using the API Service, you agree to the following:
- You must have a valid and active WPBay Membership account that has not been disabled or terminated by WPBay.
- You must act in good faith at all times and provide such assistance and co-operation as we reasonably request.
- The API Service will usually be available 24 hours a day, seven days a week or as otherwise stated on the Sites. WPBay may, in its absolute discretion, and for any reason, and at any time, with or without notice interrupt or suspend your right to access the whole or any part of the Sites; and/or alter, interrupt or suspend the provision of the whole or any part of the content and/or the services available on the Sites. You agree that WPBay will not be liable to you for any loss that you may suffer as a result of any such interruption, suspension or alteration.
- Applications must only make requests from the API Service that is absolutely necessary.
- You must protect the privacy and legal rights of your Application’s users. If the Application’s users provide you with, or your Application accesses or uses, user names, passwords, or other login information or personal information, you must make the Application’s users aware that the information will be available to your Application, and you must provide legally adequate privacy notice and protection for those Application’s users. Further, your Application may only use that information for the limited purposes for which the Application’s user has given you permission to do so. If your Application stores personal or sensitive information provided by Application’s users, it must do so securely and only for as long as it is needed. If the Application’s user provides your Application with Member Accounts information, your Application may only use that information to access the Application user’s Member Accounts when, and for the limited purposes for which, the Application user has given you permission to do so.
- You agree that you are solely responsible for (and that WPBay has no responsibility to you or to any third party for) any Applications you distribute and for the consequences of your actions (including any loss or damage which WPBay may suffer) by doing so.
- You agree that you are solely responsible for (and that WPBay has no responsibility to you or to any third party for) any breach of your obligations under this Membership Terms, any applicable third party contract or terms of service, or any applicable law or regulation, and for the consequences (including any loss or damage which WPBay or any third party may suffer) of any such breach.
- You agree to defend, indemnify and hold WPBay and WPBay’s affiliates, directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including legal fees, arising in any way from your use of the Sites, your placement or transmission of any Product, message, content, information, software or other materials through the Sites, or your breach or violation of the law or of these Membership Terms. WPBay reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with WPBay’s defense of such claim.
- WPBay may, at its sole discretion, revise or change these API Terms (in whole or in part) from time to time and at any time without notice to you. Changes in the API Terms will be effective at the time notice of the change is posted by us on the Sites. It is your responsibility to check for these notices. Your continued use of the API Service after any changes to the Membership Terms are posted will be considered acceptance of those changes.
- The laws of New South Wales, Australia govern this API Terms. Each of WPBay and the Member irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia.