Welcome to Blip A Deal - Terms & Conditions
Last updated: July 2012
By using our Services, you are agreeing to these terms. Please read them carefully
By accessing or using the API or Blip A Deal Content, you agree to be bound by the API Agreement. If you access or use the API or Blip A Deal Content on behalf of a company, principal or other entity, you represent that you have authority to bind such entity and its affiliates to the API Agreement and that it is fully binding upon them. In such case, the term "you" will refer to such entity and its affiliates. If you do not have authority, or if you do not agree with the terms of the API Agreement, you may not access or use the API or Blip A Deal Content. You should read and keep a copy of each component of the API Agreement for your records. In the event of a conflict among them, the terms of this document will control.
By accessing or using the API, you agree to be bound by the API Agreement.If you access or use the API on behalf of a company, principal or other entity, you represent that you have authority to bind such entity and its affiliates to the API Agreement and that it is fully binding upon them. In such case, the term "you" will refer to such entity and its affiliates. If you do not have authority, or if you do not agree with the terms of the API Agreement, you may not access or use the API. You should read and keep a copy of each component of the API Agreement for your records. In the event of a conflict among them, the terms of this document will control.
1. Why are we providing this API:
The API is made available by Blipcom for use in connection with its service "Blip A Deal", to enable others to gain access to daily deals and related information and present it to their own users in new and creative methods that act as a complement rather than a competitive nature to Blip A Dealís own services. With this in mind, Blip A Deal reserves the right to review and evaluate all uses of the API on a constant basis, and to deny its use by anyone at any time for any reason that may be in breach of the terms included above..
2. Modifications to the API terms:
Blip A Deal reserves the right to modify or revise the API Agreement at any time, and will provide an email notice of any changes in terms as soon as possible after the change. Your continued use of the API after the effective date of any such changes will mean your acceptance of and agreement to the changes made. If YOU DO NOT WISH TO BE BOUND TO THE NEW TERMS, YOU MUST TERMINATE THE API AGREEMENT BY IMMEDIATELY CEASING TO USE THE API.
3. Registration For API use:
In order to access the API, you must first register for and receive a valid Blip A Deal API Secret & Key ("Blip A Deal API Key & Secret Pair"). You are only allowed to register for and use one Blip A Deal API Key, unless otherwise permitted by Blip A Deal in writing. All queries sent to the API requesting data must reference your valid Blip A Deal API Key. You agree to keep your Blip A Deal API Key confidential and not to share it with any third party.
4. License Agreement:
Subject to the terms defined in the Branding Requirements and elsewhere in the API Agreement, Blip A Deal allows you a non-exclusive, revocable, non-sublicensable, non-transferable license to (i) access and use the API to receive the Blip A Deal Data/Information; (ii) display the Blip A Deal Content on your website or application which is connected to the internet ("Your Site"); and (iii) reproduce and display the Blip A Deal name and logo solely in order to comply with the Branding Requirements.
You may not use the API, Blip A Deal Content, or Blip A Deal Brand Features for any other purpose without Blip A Deal's prior written consent. These license rights are further limited by the restrictions defined elsewhere in the API Agreement, and all rights not expressly granted to you here under are reserved by Blipcom. You acknowledge and agree that Blip A Deal may monitor your service/application in order to confirm compliance with the API Agreement.
Blip A Deal is committed to open access to our API for non-competitive creative & imaginative purposes. However, providing the API does have a costs. As a result, Blip A Deal reserves the right to charge fees for future use of or access to the Blip A Deal API.
You agree that you will not, and will not assist or enable others to:
- 1. You may not use the Blip A Deal API to recreate a service that incorporates the essential and core features (As described by defined by Blipcom) and defined on the website BlipADeal.com
- 2. Derive revenues from the use or provision of the Blip A Deal API, in ANY way unless previously authorized and agreed upon in writing by Blip A Deal.
- 3. Execute any database download or database dump operations;
- 4. display Blip A Deal Brand Features or Blip A Deal Content in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and Blip A Deal, other than your permitted use of the API under the terms of the API Agreement;
- 5. use the API in a manner that is harmful or impacts the stability/security of Blip A Dealís servers or impacts the behavior of other applications using the API;
- 6. You may not use the BlipADeal API that Infringes any intellectual property, copyright or other rights of Blip A Deal;
- 7. fail to comply with any requirements or restrictions imposed on usage of any Deals by their respective publishers. Although the Blip A Deal API can be used to provide you with access to Blip A Deal Content, neither Blip A Dealís provision of the Blip A Deal API to you, nor your use of the Blip A Deal API, override any specific Deal's requirements and restrictions. In ALL cases, you are solely responsible for making use of Blip A Deal Content in compliance with each Deal's requirements or restrictions.
6. Proprietary Rights
As between you and Blip A Deal, the API, Blip A Deal Content, Blip A Deal Brand Features, and all intellectual property rights contained in the foregoing, are and will at all times remain the sole and exclusive property of Blip A Deal and are protected by applicable intellectual property laws and treaties (whether those rights happen to be registered or not, and wherever in the world those rights may exist.). You agree that at no time during or after the termination of the API Agreement will you attempt to register any trademarks or domain names that are confusingly similar in any way to those of Blip A Deal Brand Features.
Blip A Deal reserves the right, in its sole discretion (for any reason or for no reason) and at any time without notice to you, to change, suspend or discontinue the API and/or suspend or terminate your rights under the API Agreement to access, use and/or display (as applicable) the API, Blip A Deal Brand Features and/or any Blip A Deal Content. Your rights to use the Blip A Deal API terminates immediately and automatically if (i) you violate any of the terms of the API Agreement, (ii) Blip A Deal publicly posts a written notice of termination on blipadeal.com, (iii) Blip A Deal sends a written notice of termination to you, or (iv) Blip A Deal disables your access to the Blip A Deal API.
You agree that your use of the API is at your own risk and you agree to hold harmless, defend (subject to Blip A Dealís right to participate with counsel it selects) and indemnify Blip A Deal and its subsidiaries, affiliates, officers, agents, employees and suppliers from and against any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fee) arising from, or in any way related to your or your end users' use or implementation of the API or any Blip A Deal Content obtained from the API. You will not agree to any settlement that imposes any obligation on Blip A Deal without Blip A Dealís prior written consent.
9. No Warranties; No Support
THE API, BLIP A DEAL BRAND FEATURES AND BLIP A DEAL CONTENT ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" WITHOUT WARRANTY, OF ANY KIND AND AT YOUR SOLE RISK. EXCEPT TO THE MAXIMUM EXTENT REQUIRED BY APPLICABLE LAW, BLIP A DEAL DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND DUTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE API, BLIP A DEAL BRAND FEATURES AND ANY BLIP A DEAL CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, BLIP A DEAL DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE API WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THE API AGREEMENT DOES NOT ENTITLE YOU TO ANY SUPPORT FOR THE API. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM BLIP A DEAL WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE API AGREEMENT.
10. Limitation of Liability
THE API IS BEING PROVIDED FREE OF CHARGE. ACCORDINGLY, YOU AGREE THAT BLIP A DEAL SHALL HAVE NO LIABILITY ARISING FROM OR BASED ON YOUR USE OF THE API. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND IN NO EVENT SHALL BLIP A DEAL OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE API, EVEN IF BLIP A DEAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.
BLIP A DEAL WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OF BLIP A DEAL CONTENT, NOR FOR ANY PERSON'S USE OF THE APPLICATION.
ANY CLAIM ARISING OUT OF OR RELATING TO THE API AGREEMENT MUST BE BROUGHT WITHIN (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IF SUCH CLAIM IS NOT FILED, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS, AND TO BLIP A DEAL AND ITS SUCCESSORS. NOTWITHSTANDING THE FOREGOING, BLIP A DEALíS MAXIMUM LIABILITY UNDER THIS API AGREEMENT SHALL NOT, IN ANY EVENT, EXCEED US$50.00.
11. Limited Relationship
Blip A Deal and you are, and will remain, independent contractors, and nothing in the API Agreement will be construed as creating an employer-employee relationship, partnership or joint venture. Although you are permitted to publicize your use of the API, you agree not to make any other statements, without the prior written consent of Blip A Deal, implying a different kind of relationship between you and Blip A Deal, including any implied endorsement of your content, products, or services by Blip A Deal. You do not have any authority of any kind to bind Blip A Deal in any respect whatsoever.
The API Agreement encompasses the entire agreement between you and Blip A Deal regarding the subject matter discussed therein. The API Agreement, and any disputes arising from or relating to the interpretation thereof, will be governed by and construed under the laws of the State of New South Wales without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New South Wales, Australia. The failure of Blip A Deal to exercise or enforce any right or provision of the API Agreement will not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of the API Agreement is found to be unenforceable or invalid, that provision will be replaced with terms that most closely match the intent of the provision that is not enforceable to the minimum extent necessary so that the remaining API Agreement will otherwise remain in full force and effect and enforceable. The API Agreement is not assignable, transferable or sub-licensable, in whole or in part, by you except with Blip A Dealís prior written consent. Blip A Deal may assign the API Agreement, in whole or in part, at any time with or without notice to you. The section titles in the API Agreement are for convenience only and have no legal or contractual effect.
Sections 6, 8, 9, 10, and 13 will survive any expiration or termination of this API Agreement for any reason.
14. Contact and Violations
Please contact Blip A Deal with any questions regarding the API Agreement, or to report any violations of the API Agreement via email to†support|at|blipadea|dot|com.