Last Updated: May 2014
By using the Web Services, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Connect API Test Terms. If you are using the Web Services on behalf of any entity, you further represent and warrant that you are authorized to accept these Connect API Test Terms on such entity's behalf, and that such entity agrees to indemnify Getty Images for violations of these Connect API Test Terms (in which case all references to “you” in these Connect API Test Terms will be deemed to include such entity). These Connect API Test Terms govern your use of Getty Images’ Web Services and Licensed Material (each as defined below), and form a binding contract between you and Getty Images, its subsidiaries or affiliates.
1. License and Permitted Use. Getty Images grants you a limited, non-exclusive, non-transferable, non-sublicenseable right and license, during the term of this Agreement, to access and use the Web Services and the Licensed Material solely to internally evaluate the Web Services on a trial, non-production basis in accordance with these Connect API Test Terms and any published specifications for the Web Services that Getty Images makes available from time to time. “Web Services” means a set of APIs (Application Program Interfaces) that enable access to certain Getty Images core functions, together with any HTML scripts, sample source code, documentation, executables, content or materials (other than Licensed Material) that Getty Images provides or makes available in connection with such APIs. “Licensed Material” means all still images, film or video footage, audio products, and other products protected by copyright, trademark, patent or other intellectual property rights that Getty Images makes accessible to you through the Web Services.
2. Restrictions; Responsibility for Account Credentials/Logins.
2.1 Restrictions. The Licensed Material may not be reproduced, distributed or used in any materials that are reproduced or distributed inside or outside of your company. The Licensed Material may not be shared under any circumstances, including by making it available on a networked server. You may not use the Web Services on a production basis or in any manner that results in the distribution or making available of Licensed Material to any third party. You may not use the Web Services for any commercial purpose. In addition, you agree not to:
(a) “frame,” distribute, or resell the Web Services;
(b) permit access to the Web Services by any third party (other than your employees and individual independent contractors bound by terms and conditions substantially as protective of the Web Services as the provisions of these Connect API Test Terms);
(c) compile or use any information obtained through the Web Services for the purpose of direct marketing, spamming, or other unsolicited communications;
(d) use the Web Services other than in compliance with all applicable federal, state, and local laws;
(e) interfere with any other user’s access to the Web Services;
(f) reverse engineer, attempt to gain unauthorized access to the Web Services, or attempt to discover the underlying source code or structure of the Web Services or the functionality provided via the Web Services;
(g) use the Web Services to introduce into Getty Images’ systems any routine, device or other undisclosed feature, including a so-called time bomb, virus, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap door, that is designed to delete, disable, deactivate, interfere with or otherwise harm any software, program, data, device, system or service, or which is intended to provide unauthorized access or to produce unauthorized modifications; or
(h) use any robot, spider, data gathering or extraction tool, or similar mechanisms, with respect to the Web Services.
2.2 Responsibility for Account Credentials/Logins. You are responsible for all use of the Web Services and Licensed Material by your employees, individual independent contractors, and other personnel, and for any other use that occurs under user accounts or credentials that Getty Images provisions for you. You will notify Getty Images of any unauthorized access to the Web Services or Licensed Material of which you become aware.
3. Term and Termination; Suspension. You may terminate any license hereunder at any time by ceasing your access to the Web Services and use of any Licensed Material accessed through the Web Services, and deleting all copies of the Web Services and such Licensed Material (in each case except for Licensed Material used or retained by you in accordance with a separate, written license agreement between you and Getty Images). Getty Images may immediately suspend your access to the Web Services or any Licensed Material, or terminate this agreement with you, for any reason and at any time, without notice to you. Upon termination or expiration of this Agreement for any reason: (a) all rights and obligations of the parties will cease, except that the following sections of these Connect API Test Terms will survive: 2.2, 3, 4, 5, 6, 8, 9, 10 and 11; and (b) notwithstanding any provision of a surviving section, you will have no further right to use the Web Services or any Licensed Material.
4.1 Disclaimer of Warranties. The Web Services and Licensed Material are made available to you at no charge, solely for your testing and evaluation. ACCORDINGLY, GETTY IMAGES MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEB SERVICES OR LICENSED MATERIAL, WHETHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, OR RESULTS TO BE OBTAINED. GETTY IMAGES DOES NOT WARRANT THAT THE WEB SERVICES WILL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME.
4.2 No Liability for Modifications or Termination. You acknowledge that Getty Images may modify the Web Services from time to time, and that Getty Images is not obligated to notify you of any such modification. GETTY IMAGES WILL HAVE NO LIABILITY TO YOU, OR TO YOUR END USERS OR LICENSEES, IN CONNECTION WITH ANY MODIFICATION OF THE WEB SERVICES OR TERMINATION OF THESE CONNECT API TEST TERMS.
4.3 Scope of Disclaimer. For avoidance of doubt, the disclaimers set forth in this Section 4 will not be deemed to limit any covenant, representation or warranty (if any) that Getty Images may have made with respect to Licensed Material in any separate license agreement between the parties.
6. Intellectual Property.
6.1 Web Services and Licensed Material. As between the parties, Getty Images retains all right, title and interest in and to the Web Services and Licensed Material, including the technology and software Getty Images uses to provide them.
6.2 Retention of Rights. Except for the limited rights to access and use the Web Services and Licensed Material explicitly granted in this Agreement, this Agreement does not grant you any right or license in or to any of Getty Images’ intellectual property or proprietary rights. This Agreement does not grant you any additional rights to copy, use or distribute Licensed Material.
6.3 Feedback. If you provide or communicate any suggestions for improvements or enhancements to the Web Services (collectively, “Feedback”), Getty Images will own all right, title, and interest in and to the Feedback, and Getty Images will be entitled to use the Feedback without restriction or any obligation of compensation to you. You hereby irrevocably assign all right, title and interest in and to the Feedback to Getty Images.
8. Confidentiality. The Web Services, together with details about Getty Images’ API test suite, performance specifications for the Web Services, technical emails and responses to support inquiries, are the confidential and proprietary information of Getty Images, regardless of the manner in which disclosed to you (“Getty Images Confidential Information”). Except as expressly provided herein, you will not (a) distribute or disclose Getty Images Confidential Information to any third party, or (b) use Getty Images Confidential Information for any purpose other than expressly permitted under this Agreement. You will not use the Web Services for any competitive or benchmarking purposes, nor publish any results of your testing or evaluation.
9. Limitation of Liability. IN NO EVENT WILL GETTY IMAGES BE LIABLE TO YOU OR YOUR END USERS OR LICENSEES, WHETHER UNDER CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE WEB SERVICES OR LICENSED MATERIAL, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE, OR OTHERWISE, EVEN IF GETTY IMAGES HAS BEEN GIVEN ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, AND INCLUDING ANY DAMAGES THAT RESULT FROM DISCONTINUANCE OF YOUR ACCESS TO THE WEB SERVICES.
10. Indemnification. You agree to defend, indemnify and hold Getty Images and its corporate affiliates, and its and their directors, officers, employees, successors, assigns and agents, harmless from and against any loss, damage, settlement, penalty, cost, expense or any other liability (including but not limited to reasonable attorney fees and expenses) arising out of any breach of this Agreement by you, or any claim of intellectual property infringement based on your trademarks or any software application that you use in connection with the Web Services; provided, that Getty Images provides prompt written notice to you of any such indemnifiable claim and reasonably cooperates with you in connection with any indemnifiable claim.
11. Miscellaneous. This Agreement is governed by the internal laws of the State of New York, without regard to its conflicts of law rules. Any disputes arising from this Agreement or its enforceability shall be settled by binding arbitration, though a single arbitrator, pursuant to the rules of the American Arbitration Association in effect at the time of the arbitration. Neither party may assign this Agreement to a third party without the written consent of the other party in advance, except that Getty Images may assign this Agreement without such consent to any of its corporate affiliates. This Agreement will bind and benefit the parties, their successors, and their permitted assigns. The parties are independent contractors to each other in connection with their activities under this Agreement. This Agreement represents the entire agreement between Getty Images and you with respect to your use of the Web Services and Licensed Material, and this Agreement supersedes any contemporaneous or prior agreements regarding the same. Getty Images may modify these Connect API Test Terms at any time. When we make changes, we will revise the "last updated" date at the top of the Connect API Test Terms, and changes will be effective immediately upon posting. Your continued use of the Web Services following the posting of changes will constitute your acceptance of such changes.