8coupons API TERMS OF USE

Last Updated: November 22, 2010

 

This document governs the terms under which you may access and use the application programming interface ("API") that is made available on this website, and the data transmitted through the API.  This document incorporates the terms of the following additional documents, including all future amendments or modifications thereto collectively, and together with this document, the 8coupons API Terms of Use, (“Terms of Use”).

 

  1. Branding and Display Requirements
  2. 8coupons Terms of Use

 

Note: If you do not agree to these Terms of Use, you are NOT authorized to use this API for any purpose.

 

1. Acceptance of Terms and Conditions

Use of this API assumes that you fully accept and agree to the Terms of Use set forth in this document. These Terms of Use certify that you have read, understand and agree to our Terms of Use as well as our Privacy Policy. Our Privacy Policy can be accessed and reviewed here; 8coupons.com privacy and which is incorporated herein by reference. Again, if you do not agree to any of these terms, then please do not use the API.

 

2. Proprietary Rights

This API is owned and operated by 8coupons inc. and contains material that is protected by copyright and trademark laws. You may not modify in any way any material from this API including code and software without the express written permission of 8coupons inc.

8coupons reserves the right, in its sole discretion, and at anytime, to update and change the "Terms of Use" without notice to you, and such changes will be effective immediately upon posting. Please review the Terms of Use regularly so that you will be apprised of any modifications. If you breach any of these Terms of Use, your right to use this API will terminate automatically. If any modification is not acceptable to you, your only recourse is to cease to use the API.

 

3. General API Content

These Terms of Use apply to all users of the API, including users who are also contributors of reviews and other materials or services on the API, if applicable. The API may contain links to third party websites that are not owned or controlled by 8coupons. 8coupons has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, 8coupons will not and cannot censor or edit the content of any third-party API. By using the API, you expressly relieve 8coupons from any and all liability arising from your use of any third-party API. In addition, you acknowledge that the coupons available through 8coupons.com and all of our other interactive services are offered on an "AS IS" basis. You understand that 8coupons does not control, monitor, filter or edit coupons in any way. As a result, you understand that 8coupons is not responsible for the accuracy or reliability of any content or coupon passing through 8coupons.com by advertisers. 8coupons.com may contain links to third party websites, applications, or programs that are not controlled by or affiliated with 8coupons. As a result, 8coupons is not responsible for the content, offers or privacy policies of such websites, applications, or programs. 8coupons.com may transfer non-personally identifiable search information to third parties for the purpose of presenting visitors with targeted advertisements. Any visitor may contact us for information on how to opt out at any time. You waive any claim resulting from your exposure to material on or through 8coupons.com that is offensive, indecent, or otherwise objectionable.

 

4. Participation at Your Own Risk

By using 8coupons.com API, you agree that you will solely assume all risk associated with any actions you take in response to, or under the advice of, the content made available through 8coupons.

You further understand that 8coupons does not guarantee that any coupon is or will be valid or honored by any business or advertiser. By using this API, you also agree to indemnify, defend and hold 8coupons harmless from any loss or damages associated with the coupons and/or content made available through this service.

Although the website enables users to connect and share Comments with one another, 8coupons has no responsibility to control or monitor any information or exchanges between or among users. We do not control the reviews, advertisements and Comments made available on the API. Some people may find the reviews, advertisements and Comments objectionable, inappropriate or offensive. We do not control or guarantee, nor are we responsible for, the truth, accuracy, ownership, completeness, integrity, safety, timeliness, quality, appropriateness, legality or applicability of any reviews, advertisements and Comments. We assume no responsibility for monitoring any reviews, advertisements and Comments or conduct during use of the API. We are also under no obligation to modify or remove any reviews, advertisements and Comments and assume no responsibility for a User's conduct during his or her use of the API. You agree that we have no responsibility or liability for the deletion or failure to store, maintain or transmit any reviews, advertisements and Comments.

 

5. Integrity of Content and/or coupon

You agree to use the API only for lawful purposes. You agree not to take any action that might compromise the security of 8coupons, render the API inaccessible to others or otherwise cause damage to the API or the Information. You agree not to add to, subtract from, or otherwise modify the Information. You agree not to use the API in any manner that might interfere with the rights of 8coupons or any third party.

 

6. Disclaimer

A. Your use of this API is at your sole discretion and risk. The API, and all materials, information, products and services included therein, are provide on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.

B. 8COUPONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE API, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.

C. 8coupons expressly disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the API; (ii) regarding the goods, services, advice, information or links provided by any third parties or users; (iii) that the API will meet your requirements; or (iv) that the API will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the API shall create any warranty not expressly stated in these Terms of Use.

D. 8coupons assumes no responsibility for: (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (ii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the API, including any injury or damage to you or to any person's computer related to or resulting from use of the API.

E. Under no circumstances shall 8coupons be responsible for any loss or damage, including personal injury or death, resulting from use of the API, from any reviews, advertisements or Comments posted on or through the API, or from the conduct of any users of the API, whether online or offline.

F. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

 

7. Limitation of Liability

A. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, 8COUPONS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE API OR THE INFORMATION. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL 8COUPONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE API OR THE INFORMATION, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE API OR THE INFORMATION, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE API OR THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE API OR THE CONTENT, EVEN IF 8COUPONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

B. 8coupons shall assume no liability for any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to 8coupons's infrastructure or connectivity to the Internet, or failure of any third party distribution partner, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, 8coupons will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.

IF YOU ARE DISSATISFIED WITH THE API, THE INFORMATION, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE API.

 

8. Indemnity

You agree to defend, indemnify and hold harmless 8coupons, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the API; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Comments caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the API.


9. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 18, as the Web Site is not intended for children under 18. If you are under 18 years of age, then please do not use the API there are lots of other great web sites for you. Speak to your parents about what sites are appropriate for you.

 

 

10. Governing Law and Venue

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this API shall be filed only in the state or federal courts located in the County of New York, State of New York, and you further agree and submit to the exclusive and personal jurisdiction of the State of New York and to the venue of the Supreme Court of New York, County of New York and the Federal District Court for the Southern District of New York, located in New York County, for the purpose of litigating any such claim or action and waive any objection to the propriety and convenience of venue of such courts.

 

11. Violations of Terms

Please report any violations of these Terms of Use by flagging the coupon(s) or posting(s) for review by 8coupons staff, or by e-mailing to API[AT]8coupons.com.

 

12. Entire Agreement

These Terms of Use constitute the entire and exclusive understanding and agreement between you and 8coupons regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral, between you and 8coupons relating to this subject matter. You may be subject to additional terms and conditions that may apply when you use or access certain features of the API.

 

13. Miscellaneous

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 8coupons without restriction. The failure to require performance of any provision shall not affect 8coupons's right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms of Use is found to be unenforceable, such portion will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms of Use will remain in full force and effect. These Terms of Use constitute the entire and exclusive understanding and agreement between you and 8coupons regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral, between you and 8coupons relating to this subject matter. You may be subject to additional terms and conditions that may apply when you use or access certain features of the API.

 

14. Feedback

Our goal is to make 8coupons services as useful to you as possible, so we welcome all and any of your feedback!! Please send them to us at API[AT]8coupons.com.

YOU AND 8COUPONS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.