This 3WDOC API Terms of Service was last updated on April 13th, 2011
Thank you for using the 3WDOC API. By using the 3WDOC API (the « Service » or the « API »), you (« You ») accept and agree to be bound by the following terms and conditions (the « Terms of Use »).
The API consists of JavaScript and associated service protocols that enable You to display html5 markup extended with 3WML specifications, including text, images, videos and sounds on your website, in your application, or in your other product expressly authorized in writing by 3WDOC (each, a « Property »), subject to the limitations and conditions described below. You are allowed to use the API only to display, and to make such uses as are necessary for You to display, html5 markup on your Property. The API does not provide You with the ability to access, and You are not allowed to access, other underlying 3WDOC Services or data.
(a) Free Access (No Fees). Your API Implementation must be generally accessible to users without charge and must not require a fee-based subscription or other fee-based restricted access. This rule applies to Your Content and any other content in your API Implementation, whether Your Content or the other content is in existence now or is added later.
(b) Public Access (No Firewall). Your API implementation must not (i) operate only behind a firewall; or (ii) only on an internal network (except during the development and testing phase); or (iii) in a closed community (for example, through invitation-only access).
3WDOC is constantly innovating in order to provide the best possible experience for its users. 3WDOC reserves the right to change the form and nature of the Service that 3WDOC provides (e.g., to charge for access to the API or to set a maximum number of Registrations and Watermark requests You may access through the API) with or without notice. In addition, 3WDOC reserves the right to release subsequent versions of the API, but in accordance with Section 1.3. Due to things like changes to the law or changes to functionality offered through the Service, 3WDOC may need to change these Terms of Use from time to time. You should look at the most current version of the Terms of Use at http://blog.3wdoc.com/en/terms (or such future URL as 3WDOC may designate) regularly. 3WDOC will also post notice of modified terms at this URL. The changes will become effective seven (7) days after they are posted, except if the changes apply to new functionality, in which case they will be effective immediately. If you do not agree to modified terms for the Service, You may cancel the Service by removing the JavaScript and/or other implementation of the API from your Property. If You continue to use the Service on any Property, You will be deemed to have accepted the modifications.
If 3WDOC in its discretion chooses to cease providing the current version of the Service, whether through discontinuation of the Service or by upgrading the Service to a newer version, the current version of the Service will be deprecated and become a « Deprecated Version » of the Service. 3WDOC will issue an announcement if the current version of the Service will be deprecated. For a period of three years after an announcement (the « Deprecation Period »), 3WDOC will use commercially reasonable efforts to continue to operate the Deprecated Version of the Service and to respond to problems with the Deprecated Version of the Service deemed by 3WDOC in its discretion to be critical. During the Deprecation Period, no new features will be added to the Deprecated Version of the Service.
3WDOC reserves the right in its discretion to cease providing all or any part of a Deprecated Version of the Service immediately without any notice if:
At any time prior to discontinuing the current version of the Service or upgrading to a new version of the Service, 3WDOC may, in its reasonable discretion as part of this continuing innovation, label certain features or functionality of the Service as « experimental ». This Section 1.3 of this Terms of Use will not apply to any features or functionality labeled as « experimental ».
The implementation of the Service on your Property must be generally accessible to users without charge and must not require a fee-based subscription or other fee-based restricted access. Your use of the Service must be in accordance with the documentation. You agree that You will not, and You will not permit your users or other third parties to:
You agree that You are responsible for your own conduct and content while using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that when using the Service, You will not, and will not permit users or other third parties to:
If You are located outside of France, You further agree to comply with Your own local rules regarding online conduct and acceptable content, including laws regulating the export of data to or from France or your country of residence.
3WDOC reserves the right to include Watermarking in the he3Player provided to You through the Service.
For purposes of the Terms of Use, « Intellectual Property Rights » shall mean any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. As between You and 3WDOC, You acknowledge that 3WDOC owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Service and that You shall not acquire any right, title, or interest in or to the Service, except as expressly set forth in the Terms of Use. You further acknowledge that third parties may own right, title and interest, including without limitation all Intellectual Property Rights, in and to content displayed by 3WDOC he3Player and linked to or excerpted in the content displayed by 3WDOC he3Player, and that You shall not acquire any right, title, or interest in or to such content except as provided by applicable law.
For purposes of the Terms of Use, « Brand Features » shall be defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time. 3WDOC hereby grants to You a nontransferable, nonsublicenseable, nonexclusive license during the Term to display 3WDOC’s Brand Features for the purpose of promoting or advertising that You use the Service, provided that your use is in accordance with this Section 2.2 and for the purpose of fulfilling your obligations under Section 2.3 below. 3WDOC brand name and logo are properties of Hecube. You hereby grant to 3WDOC a nontransferable, nonexclusive license during the Term to use your Brand Features to advertise that You are using the Service.
In using 3WDOC Brand Features, You may not:
You understand and agree that 3WDOC has the sole discretion to determine whether your use of 3WDOC brand features is in accordance with the above restrictions.
Except as set forth in this Section 2.2, nothing in the Terms of Use shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party’s Brand Features. All use by You of 3WDOC’s Brand Features (including any goodwill associated therewith) shall inure to the benefit of 3WDOC. At no time during or after the Term shall You challenge or assist others to challenge the Brand Features of 3WDOC (except to the extent such restriction is prohibited by law) or the registration thereof by 3WDOC, nor shall You attempt to register any Brand Features (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of 3WDOC.
You agree to include and display the 3WDOC Watermark attribution, and/or any other attribution(s) required by 3WDOC as described in the documentation, conspicuously on the page, in close proximity and adjacent to the Service he3Player box. If You use the 3WDOC he3Player, this attribution will be included automatically, and You agree not to modify or obscure this automatically-generated attribution.
If You display 3WDOC he3Player content that have been « clipped » through an end user-requested action, You agree to include and display an attribution « Clipped 3WDOC – [date] » next to the Clipped 3WDOC he3Player content to indicate the date the Clipped 3WDOC he3Player content were first requested by end user(s) and returned by 3WDOC he3Player.
You understand and agree that 3WDOC has the sole discretion to determine whether your attribution(s) is in compliance with the above requirements.
For information about 3WDOC’s data protection practices, please read 3WDOC’s privacy policy at http://blog.3wdoc.com/en/privacy/. This policy explains how 3WDOC treats your personal information, and protects your privacy when You use the Service. You agree to the use of your data in accordance with 3WDOC’s privacy policy.
You agree to hold harmless and indemnify 3WDOC, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of the Service, violation of these Terms of Use or any other actions connected with use of 3WDOC services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, 3WDOC will provide You with written notice of such claim, suit or action.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU UNDERSTAND AND AGREE THAT 3WDOC SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 3WDOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
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.
The term of the Terms of Use shall commence on the date upon which You agree to the Terms of Use and shall continue in force thereafter, unless terminated as provided herein.
a. You may terminate these Terms of Use at any time by discontinuing your use of the Service at any time. You do not need to specifically inform 3WDOC when You stop using the Service. If You desire to terminate the Terms of Use, You must remove the Service from your Property.
b. 3WDOC may, at any time, terminate your access to the Service at its discretion without prior notice to You if:
Upon the termination of the Terms of Use for any reason (a) all license rights granted herein shall terminate and (b) You shall immediately delete any and all 3WDOC Search Results and 3WDOC Brand Features.
In the event of any termination or expiration of the Terms of Use for any reason, Sections 2.1, 4, 5, 6, 7, 8.3, 8.4, 8.5, and 9 shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Use in accordance with its terms.
You acknowledge that your breach of service/license restrictions contained herein may cause irreparable harm to 3WDOC, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which 3WDOC may be legally entitled, 3WDOC shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of your officers, employees, consultants or other agents.
Nothing in the Terms of Use should be construed to confer any rights to third party beneficiaries.
The Terms of Use and the documents referenced herein constitute the entire agreement between You and 3WDOC and govern your use of the Service, superseding any prior agreements between You and 3WDOC. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other 3WDOC services, affiliate services, third-party content or third-party software.
The Terms of Use and the relationship between You and 3WDOC shall be governed by the laws of France without regard to its conflict of law provisions. You and 3WDOC agree to submit to the personal and exclusive jurisdiction of the courts located in France.
The failure of 3WDOC to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 the Terms of Use remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of 3WDOC services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.
For more information, questions or concerns regarding our 3WDOC API Terms of Service practices, please contact us at:
3WDOC – Hecube
23, villa Riberolle
75020 Paris, FRANCE
Phone number: 33 (0)1 80 96 82 71
Email: info@3wdoc.com
