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Terms of Service
Thank you for using the Lambda application programming interfaces (hereinafter: Lambda APIs). The Lambda APIs allow you to incorporate face detection and recognition capabilities into your web-enabled application, website or service. These Terms of Service were written to allow You to understand what you can and what you can't do when using Lambda APIs to tag, analyze or recognize faces in photos.
- Lambda allows You to use our API in a limited manner, for a limited number of API calls as defined from time to time by Lambda.
- We also want You to make sure that Your users are notified when being tagged or identified in photos, and that you receive their consent before using their photos.
- It is your responsibility to make sure that the content that goes through Lambda APIs is legit, and that You, or Your users, have the proper authority to use it.
- To maintain a fair and decent use of Lambda APIs, do not let anyone else use your API key.
- Lambda requires You to use industry standard security measures and make sure that You don't have any malware being installed on your users computers.
- Lambda wants to make sure that you know that all the content you post to our website and developer documentation will be displayed to others, and that others may use the source codes you post on the developer wiki and documentation. Alongside this legal document, which is a binding agreement between You and Lambda, You should read the entire Lambda API documentation and guidelines (hereinafter: Guidelines), which alongside these terms of service (hereinafter: Terms), constitute as API Documents.
- This Agreement is between Lambda Inc. (hereinafter: Lambda) and Yourself (hereinafter: You), a legal person, who accepted and received the API Key as defined below.
- If You are not a natural person (e.g, you obtained the API Key for your company) you hereby warrant that You are in capacity to enter into this Agreement on behalf of the non-natural person.
- If You are a natural person, you hereby warrant that you have the capacity to enter into these Terms, You are over 18, or You have obtained the consent and approval of Your Guardian.
- Grant of License: You are hereby granted the authorization to use The Lambda APIs on a worldwide (except as limited below), non-exclusive, personal, non-transferable, revocable, limited and royalty-free basis according to the terms and conditions set forth herein.
- API: Subject to the terms set forth, You may use Lambda APIs and any updates provided by Lambda (according to its sole discretion).
- API Key: Lambda shall provide You with an application identification key (hereinafter: API Key) which You will incorporate into Your application or service.
- One Key Per Service: 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.
- The Key Is Personal: The API Key is personal and secret. You may NOT transfer it to anyone else, or allow any other person to use the Key.
- Request for additional API Keys: You can sign up for an additional API Key at http://mashape.com/lambda. 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.
- Limited Use: Lambda may limit Your use of the API key or the number of API calls made per a duration, all with accordance to the API Documentation.
- Your Application or Service does not infringe on any rights: You hereby warrant that Your Application or Service does not infringe any right of any 3rd party, including patents, trademarks, copyright, trade secrets, and all and any other rights. You also warrant that Your Application or Service does not, in any way, violate the California Law or Your local laws.
- You will attribute Lambda Labs in your User Interface: You must display the Lambda Labs logo ( ), the hyperlink "Powered by Lambda Labs" pointing to http://lambdal.com on every interface of the application or software that utilizes Lambda APIs.
- Redistribution of Code Sample under BSD: All computer code posted in our API Documentation, either posted by You or by Lambda, shall be released under the BSD License, available at http://www.opensource.org/licenses/bsd-license.php. You hereby grant Lambda, and the general public, all rights with accordance to the BSD License to use any posting of computer code, and warrant that You are the sole proprietor of any computer code posted on API Documents, or are in capacity to license it.
- Any Posting in Dev Wiki under CC-BY-SA: Any posting made by You in the API Documents, apart from computer code licensed under the BSD License, shall be licensed to the general public under a Creative Commons By Attribution License, available at http://creativecommons.org/licenses/by-sa/3.0/deed.en . You hereby grant Lambda, and the general public, all rights with accordance to CC-BY-SA License to use any posting of and warrant that You are the sole proprietor of any content posted on API Documents, or are in capacity to license it.
- Lambda May use Your contributions: You hereby grant to Lambda all rights to use and incorporate any contents of communications between Lambda and You, apart from legal negotiations, confidential material or user login details, in the API Documents, or any other Lambda product or service without compensation to you and without further recourse by you.
- Your Submissions must be non-offensive, legal and virus free: You hereby warrant that You have the full authorization to post all the materials posted to Lambda or API Documents, including software and documents and that all posts do not violate any right of any 3rd party, including intellectual property rights, and that all software code posted 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 Lambda must not contain harmful scripts or code.
- Termination: You may terminate the license at any time by discontinuing use of all or any of the Lambda APIs. Lambda may terminate Your License or the Lambda APIs at any time and for any reason. This license shall terminate automatically when (i) You breach any term of these Terms; or (ii) Lambda publicly posts a written notice of termination, to You or to the general public on Lambda's Web site; or (iii) Lambda sends a written notice of termination to you, or (iv) Lambda ceases providing access to the Lambda APIs to you.
- API Compliance: If your product or service uses or is based upon the Lambda APIs, then You shall comply with all the following:
- Transparency to Users and Notification: If Your application or service makes any personal information available to any user apart from the user which provided the Photos or data used by the Lambda APIs, You must inform the users located in the photos, that they were tagged by your service or application, to the most possible extent, and provide them with the ability to remove the tags, correct them or block the application or service. Moreover, when dealing with personally identifiable information, you may not retain, store or convey to 3rd party, and must immediately remove from any Application or Service, and any data repository in your possession or control, any or 3rd party user data obtained through the Lambda APIs not explicitly identified as being storable indefinitely in the API Documents or by the 3rd Party.
- Use of Industry Standard Security Mechanisms: Your networks, operating system and software of its web server(s), routers, databases, and computer systems must be properly configured to Internet industry standards, as required to securely operate your Application or Service. If you do not completely control any aspect of your system, you will use all control or influence that you have over such 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 hosts phishing websites, sells unlicensed pharmaceuticals or operates any other illegal activity. 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. You must promptly report any security deficiencies in or intrusions to your Systems that you discover to Lambda in writing via email to firstname.lastname@example.org . You will work with Lambda 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, forums, etc.) without prior written and express permission from Lambda in each instance.
- Licensed Use: You hereby represent and warrant to Lambda that:
- you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute any content in, or made available to, Lambda and Lambda's users by your use of the Lambda APIs in the manner contemplated under these Terms, and that use by Lambda or others of any such content via the Lambda web service or API shall not violate the rights of any third party (e.g., copyright, patent, trademark, or other proprietary right of any person or entity), or any applicable regulation or law, including but not limited to any export, re-export, or import laws and the laws of any country in which your content or service is made available;
- If you submit or permit the submission of your or your users‘ content or activity through or into a Lambda web service or API, You shall make sure that You and Your Users also grant Lambda the following perpetual, non-exclusive license to, use of, and rights to Your or Your users‘ content or activity to others (such “others” may include but are not limited to Lambda users): (i) to access, distribute and/or display your or your users‘ content or activity; (ii) the ability for Lambda registered users to comment on and tag Your Content; and (iii) the ability to access, reproduce, distribute and/or perform your or your users‘ content, activity, or information via Lambda‘s web service APIs or via RSS or any similar XML or related feeds both on and off Lambda-controlled web sites.:
- Adhere to Best Practices
- Non-Offensive Use: You shall not use the Lambda 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 or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, any hacking, surveillance. Interception, or 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;
- Non-Critical Use: You may not use the Lambda APIs to operate mission critical application where human life or property may be at stake. You understand that the Lambda APIs are not designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Lambda is not responsible;
- Rate Limiting: You shall use the Lambda APIs in a reasonable manner that complies with reasonable request volume, and shall not create any excessive or abusive usage, or otherwise fail to comply or is inconsistent with any part of the API Documents relating to rate limiting.
- Non-Competition: You shall not use the Lambda APIs in a product or service that competes with products or services offered by Lambda.
- 3rd Party Terms: If your use of Lambda APIs shall any 3rd party API, including Facebook or Twitter user information, or otherwise read or write information from or to any 3rdparty user accounts through Lambda APIs, you must use Your Facebook or Twitter API credentials to authenticate Your access to the Lambda network.
- Adherence to 3rd Party Terms: You hereby agree to adhere to the terms set by any 3rd party which you use the Lambda APIs to call, and shall not circumvent, or otherwise manipulate, any protection of Your, Lambda's or the 3rd Party's users. You shall adhere to the 3rd Party's guidelines, as they shall vary from time to time, and not convey any information to users who are not entitled to obtain such information. You shall not, by any way, store any unique authentication token, or any other personal key
- Assistance and Adherence: Lambda takes users security and privacy very seriously, and You agree to give us all necessary assistance, on your own expense, to assure that the operation of your application or service is in compliance with these Terms and any applicable laws. You shall provide Lambda with any documentation required in order to verify that you are in compliance of these terms, and You shall cooperate, if needed, with all inquiries regarding any unauthorized use of Your API Key, Application or Service. You must be reachable at all times for security questions or concerns.
- Obtaining Complete Consent: You shall be solely responsible for securing clear, express consent from the user, granting you permission to access such 3rd party account using his credentials, including if applicable, retrieving user-specific information, user‘s friends account information, or writing information to such users accounts. You will strictly comply with the scope of express consent they granted you when accessing such user‘s account.
- Support: Lambda APIs are provided without any support; However, Lambda may elect to provide You with support or modifications for the Lambda APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Lambda may change, suspend, or discontinue any aspect of the Lambda APIs at any time, including the availability of any Lambda APIs. Lambda may also impose limits on certain features and services or restrict your access to parts or all of the Lambda APIs or the Lambda Web site without notice or liability.
- Warranty: THE LAMBDA APIS ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND LAMBDA 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 LAMBDA APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY LAMBDA APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
SOME OF THE LAMBDA APIS ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. LAMBDA DOES NOT REPRESENT OR WARRANT THAT ANY LAMBDA APIS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
- Liability: LAMBDA 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 LAMBDA 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 LAMBDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL LAMBDA BE LIABLE TO YOU FOR ANY AMOUNT.
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.
- Waiver: To the maximum extent permitted by applicable law, you hereby release and waive all claims against Lambda, 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 Lambda APIs. 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.
- Indemnification: To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Lambda 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 Lambda APIs (including anything you develop using the Lambda 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. Lambda shall use good faith efforts to provide you with written notice of such claim, suit or action.
- General Terms:
- Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of these Terms, You and Lambda 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 Lambda, express or implied, and you shall not attempt to bind Lambda to any contract.
- Severability: If any provision of these Terms 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.
- Jurisdiction, Governing Law: The Terms and the relationship between you and Lambda shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Lambda agree to submit to any claim solely to the courts located within the city of San Francisco, California.
Lambda Labs Inc. ("Lambda") operates several websites including lambdal.com, and tryheadsup.com. It is Lambda's policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Lambda collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Lambda's purpose in collecting non-personally identifying information is to better understand how Lambda's visitors use its website. From time to time, Lambda may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Lambda also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on Lambda posts. Lambda only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses are visible and disclosed to the administrators of the blog where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Lambda's websites choose to interact with Lambda in ways that require Lambda to gather personally-identifying information. The amount and type of information that Lambda gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account on http://lambdal.com to provide a username and email address. In each case, Lambda collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Lambda. Lambda does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Lambda may collect statistics about the behavior of visitors to its websites. Lambda may display this information publicly or provide it to others. However, Lambda does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Lambda discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Lambda's behalf or to provide services available at Lambda's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Lambda's websites, you consent to the transfer of such information to them. Lambda will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Lambda discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when Lambda believes in good faith that disclosure is reasonably necessary to protect the property or rights of Lambda, third parties or the public at large. If you are a registered user of a Lambda website and have supplied your email address, Lambda may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with Lambda and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Lambda takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Access to Personal Information
You can e-mail us at email@example.com to update, change, or request that we delete your personal information.
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