Terms of Service
Thank you for using the GamePro application programming interfaces (the “GamePro APIs”).
By using the GamePro APIs, you agree to the following terms of service (the “Terms of Service”). If you disagree with any of the terms below, GamePro does not grant you a license to use the GamePro APIs.
GamePro reserves the right to update and change, from time to time, these Terms of Service and all documents incorporated by reference. You can always find the most recent version of these Terms of Service at http://api.gamepro.com/support/docs/terms-of-service. GamePro may change these Terms of Service by posting a new version without notice to you. Use of the GamePro APIs after such change constitutes acceptance of such changes.
1. Service Description
a. Description of Service. The GamePro API consists of programmatic web APIs, JavaScript code and associated documentation that allows you to display results from the GamePro API, subject to the limitations and conditions described below. The API may be used in connection with a software application or website. In order to obtain the API, you must create a User account.
b. Keys. After supplying GamePro with the information regarding your proposed application and agreeing to the Terms of Service, you will be issued an alphanumeric key assigned to you by GamePro that is uniquely associated with your proposed application (”Application Key”). Your application or site must utilize the Application Key as described in the GamePro API documentation. GamePro will block requests with invalid keys. You are responsible for maintaining up-to-date and accurate information for your account.
2. Licensed Uses and Restrictions
The GamePro APIs are owned by GamePro and are licensed to you on a worldwide, non-exclusive, non-sub-licenseable basis on the terms and conditions set forth herein. These Terms of Service define legal use of the GamePro APIs, all updates, revisions, substitutions, and any copies of the GamePro APIs made by or for you. All rights not expressly granted to you are reserved by GamePro.
a. Subject to the restrictions set forth in these Terms of Service, you may use the GamePro APIs and any updates provided by GamePro (in its sole discretion). Your license to use the GamePro APIs under these Terms of Service continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the GamePro APIs.
GamePro may terminate the license at any time for any reason. These Terms of Service terminate automatically if
(i) You violate any term of these Terms of Service,
(ii) GamePro publicly posts a written notice of program termination
(iii) GamePro sends a written notice of termination to you, or
(iv) GamePro ceases providing access to the GamePro APIs to you.
b. If your product or service uses or is based upon the GamePro APIs, then YOU SHALL comply with the attribution guidelines found at http://api.gamepro.com/support/docs/attribution-requirements
c. YOU SHALL use instructions provided in the GamePro APIs to place application identification information (the API key) into any application or service you develop that incorporates or makes any use of the GamePro APIs. You may only create a single API key per application or service and such API key must accompany all web services requests coming from that application or service. You must provide accurate identification, contact, and other information required as part of the registration process. You SHALL NOT create any script or other automated tool that attempts to create multiple API keys.
d. If you wish to confirm that your application constitutes an acceptable use of the GamePro APIs or wish to inquire about rate limit increases, contact us.
e. YOU SHALL NOT:
(i) use the GamePro APIs in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with these Terms of Service;
(ii) sell, lease, share, transfer, or sublicense the GamePro APIs whether for direct commercial or monetary gain or otherwise, without GamePro’s prior, express, written permission;
(iii) use the GamePro APIs in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the GamePro API documentation located within http://www.api.gamepro.com/support/docs/technical-documentation as determined by GamePro in its sole discretion; or
(iv) use the GamePro APIs in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia) or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/ descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories.
f. Browser-Based Authentication. If you also elect to use a browser-based authentication API that may be provided by the GamePro, the terms of this Section 1(f) also apply to You.
(i) GamePro takes end user security and privacy very seriously, and You agree to give us all necessary assistance for the operation of Your Application in compliance with these Terms of Service and any applicable laws.
(ii) Securing User Consent. You are solely responsible for securing clear, express consent from the user, granting You permission to access such user’s GamePro account using authentication API, including if applicable, retrieving user-specific information, or writing information to such user’s account. You will strictly comply with the scope of express consent they granted You when accessing such user’s GamePro account.
(iii) Contact and Cooperation. You (or the name of the contact You gave to GamePro when You applied for Your API key for review if it’s not You) must be reachable at all times for security questions or concerns. You can change this name or contact by signing up for a new API key, and providing the correct contact information and using the new API key instead.
(iv) Virus Precautions. All materials, including software and documents, that You provide to GamePro, must be checked with Internet industry standard up-to-date antivirus and anti-worm software, and determined to be virus-free and worm-free. Any data provided to GamePro must not contain harmful scripts or code.
(v) Industry Standards. Your networks, operating system and software of its web server(s), routers, databases, and computer systems must be properly configured to Internet industry best practice standards, as required to securely operate Your Application. If You do not completely control any aspect of the System, You will use all control or influence that You have over such Systems and/or selection of Systems, and You will not architect or select Systems in a manner to avoid the foregoing obligation. An example of an unacceptable server is one that operates as open proxy. An example of architecting in an unacceptable manner would be if You select a server operated by a vendor with substandard security practices, so that You could contend that You do not control such server, in order to avoid having to select an acceptable server.
(vi) Reporting. You must promptly report any security deficiencies in or intrusions to Your Systems that You discover to GamePro. You will work with GamePro to immediately correct any security deficiency, and will disconnect immediately any intrusions or intruder. In the event of any such security deficiency or intrusion, You will make no public statements (i.e. press, blogs, bulletin boards, etc.) without prior written and express permission from GamePro in each instance.
(vii) Control Access to Systems. To the extent You have control or influence over the Systems, You will log (in a time and date-stamped fashion) all instances of access to the Systems. You will encrypt the password and username files for the Systems that store or process any GamePro user data that You are permitted by GamePro to access. Passwords must be unique, unintuitive, and changed often. You will minimize access to and use of the passwords. Wherever possible, commands which require additional privileges should be securely logged (with time and date) to enable a complete audit trail of activities. When an individual terminates his or her employment with You, his or her passwords and access password facilities must be terminated immediately.
(viii) Security Reviews. GamePro will have the right, at its own expense, to review, or to have an independent third party to inspect and review Your compliance with these security provisions. You will (at Your own expense) correct any security flaws detected by such a review as soon as possible. You will then promptly certify to GamePro in writing that the security flaw has been corrected, along with a description of the corrective action(s) taken. Any such review will be conducted during regular business hours in such a manner as not to interfere with normal business activities. If a review reveals a material breach of any of these security provisions, You will reimburse GamePro for the reasonable costs of the review.
3. Proprietary Rights
a. GamePro Rights. 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 GamePro, you acknowledge that GamePro owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the GamePro API and that you shall not acquire any right, title, or interest in or to the GamePro API, except as expressly set forth in the Terms of Service. You further acknowledge that third parties may own right, title and interest, including without limitation all Intellectual Property Rights, in and to content, which is included in the GamePro API, and that you shall not acquire any right, title, or interest in or to such content except as provided by applicable law.
b. Brand License. For purposes of the Terms of Use, “Brand” shall be defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive Brands of each party, respectively, as secured by such party from time to time. GamePro hereby grants to you a nontransferable, non-sublicenseable, nonexclusive license during the Term to display the GamePro Brands for the purpose of promoting or advertising that you use the GamePro API in accordance with this Section and for the purpose of fulfilling your obligations below. You hereby grant to GamePro a nontransferable, nonexclusive license during the Term to use your Brands to advertise that you are using the Service. In using the GamePro Brands, you may not:
(i) display a GamePro Brand in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by GamePro, other than your involvement in the Service, or that can be reasonably interpreted to suggest editorial
(ii) content has been authored by, or represents the views or opinions of GamePro or GamePro personnel;
(iii) use the GamePro Brands to disparage GamePro, its products or services;
(iv) display a GamePro Brand on your site if it contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
(v) use any GamePro Brand as the largest or most prominent brand in your application;
(vi) display a GamePro Brand as the most prominent element on any page of your website;
(vii) display a GamePro Brand in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to GamePro;
(viii) display a GamePro Brand on a site that violates any law or regulation; or
(ix) remove, distort or alter any element of a GamePro Brand.
(x) You understand and agree that GamePro has the sole discretion to determine whether your use of The GamePro Brand is in accordance with the above restrictions.
4. Support
GamePro may elect to provide you with support or modifications for the GamePro APIs (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to you. GamePro may change, suspend, or discontinue any aspect of the GamePro APIs at any time, including the availability of any GamePro APIs. GamePro may also impose limits on certain features and services or restrict your access to parts or all of the GamePro APIs or the GamePro Web site without notice or liability. Please register your application for priority notification of status alerts.
5. Fees and Payments
GamePro reserves the right to charge fees for future use of or access to the GamePro APIs or the GamePro services and Web sites (collectively, “GamePro APIs Services”) in GamePro’s sole discretion. If GamePro decides to charge for the GamePro APIs Services, such charges will be disclosed to you prior.
6. Disclaimer of Any Warranty
SOME OF THE GAMEPRO APIS ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. GAMEPRO DOES NOT REPRESENT OR WARRANT THAT ANY GAMEPRO APIS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE GAMEPRO APIS ARE PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND GAMEPRO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
YOUR USE OF GAMEPRO APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY GAMEPRO APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
7. Limitation of Liability
GAMEPRO SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE GAMEPRO APIS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT GAMEPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL GAMEPRO BE LIABLE TO YOU FOR ANY AMOUNT.
8. Release and Waiver
To the maximum extent permitted by applicable law, you hereby release and waive all claims against GamePro, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of GamePro APIs. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
9. Hold Harmless and Indemnity
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify GamePro and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of GamePro APIs, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. GamePro shall use good faith efforts to provide you with written notice of such claim, suit or action.
10. General Terms
a. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Service, you and GamePro shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of GamePro, express or implied, and you shall not attempt to bind GamePro to any contract.
b. Invalidity of Specific Terms. If any provision of the Terms of Service 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 such documents remain in full force and effect.
c. Location of Lawsuit and Choice of Law. The Terms of Service and the relationship between you and GamePro shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and GamePro agree to submit to the personal jurisdiction of the courts located within the county of San Francisco, California.
d. No Waiver of Rights by GamePro. GamePro’s failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
e. Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Service. Any construction or interpretation to be made of the Terms of Service shall not be construed against the drafter. The Terms of Service constitute the entire agreement between GamePro and you with respect to the subject matter hereof.
11. Attribution Guidelines and Restrictions
RESTRICTIONS
Unless otherwise consented to or permitted by GamePro, you will:
(i) not modify or edit any content, headlines, links or metadata included in the API content when presenting it on your Site;
(ii) ensure that the fundamental meaning of the API content is not changed or distorted;
(iii) ensure that the use or display of API content does not suggest that GamePro promotes or endorses you or any third party or the causes, ideas, Web sites, products or services of you or any third party;
(iv) not display the name, logo, trademark or other identifier of another person (except for GamePro or you) on your Site in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the API content on the Site
(v) not archive any of the API content for access by users at any future date after you have finished using the service or if your account is terminated.
ATTRIBUTION
The use of all API content must appropriately attribute GAMEPRO MEDIA in the following ways:
(i) Individual data elements:
On pages that utilize an individual API data element tied to a specific game, attribution copy linking back to GamePro must be shown as follows:
Game rating:
The words ‘GamePro Rating’ must accompany the 5-star rating, and an adjacent ‘Read Full Review’ text link must be posted linking to the game’s full review page on GamePro.com
Review page example: http://www.gamepro.com/article/reviews/207722/gears-of-war-2/
Game review:
The review headline or game name, which ever is used, must be linked to the game product page on GamePro.com. After the review, a ‘More at GamePro.com’ text link must be placed which also links to the game’s product page on GamePro.com.
Product page example: http://www.gamepro.com/games/xbox360/140321/gears-of-war-2/
Game screenshot:
All screens, or sets of screeens, must include a ‘More at GamePro.com’ text link which links to the game’s screens page on GamePro.com.
Screens page example: http://www.gamepro.com/games/xbox360/140321/gears-of-war-2/screens/
Game video:
All videos, or sets of videos, must include a ‘More at GamePro.com’ text link which links to the game’s video page on GamePro.com.
Video page example: http://www.gamepro.com/games/xbox360/140321/gears-of-war-2/video/
Game cheat:
All videos, or sets of videos, must include a ‘More at GamePro.com’ text link which links to the game’s cheats page on GamePro.com.
Cheats page example: http://www.gamepro.com/games/xbox360/140321/gears-of-war-2/cheats/
Game catalog info (launch date, price, platform, or set of these elements for an individual game):
All game catalog data, or sets of data, must include a ‘More at GamePro.com’ text link which links to the game’s product page on GamePro.com.
Product page example: http://www.gamepro.com/games/xbox360/140321/gears-of-war-2/
Any game data used which is not described above must include a ‘More at GamePro.com’ text link which links to the game’s product page on GamePro.com.
http://www.gamepro.com/games/xbox360/140321/gears-of-war-2/cheats/
Product page example: http://www.gamepro.com/games/xbox360/140321/gears-of-war-2/
Visual examples of each use case above can be found on the attribution requirements page.
(ii) Using the GamePro API as the main content or information source for an entire site section, site, or application:
- All news stories, game reviews, game descriptions, and feature articles must use the source URL as a link which is to be tagged around the title of the content
- All pages on the site or application must contain a ‘Powered by GamePro’ icon in the footer which links to: http://api.gamepro.com/
(iii) The use of ‘No-Follow’ links in all attribution use cases is strictly prohibited
All API accounts will be regularly checked for compliance. Any site or application that does not meet the attribution requirements will be subject to immediate account cancellation.