Terms of Service and Usage of the Kewego™ API – Application Programming Interfaces

The Kewego API (the “API”) is published by Kewego SA (KEWEGO) and consists of an open set of http calls, that enables You to :
• upload videos in any encoding format and make them available for web playback
• acquire webcam video streams, and make them available for web playback
• play videos in high quality definition on your own website
• search video databases on multiple criteria
• manage Web 2.0 features like membership, comments, associated videos
• … and any other web video application that you can imagine

New calls are added regularly, as new needs and solutions are expressed by API Developers, and KEWEGO partners and customers.

The Kewego API can either be used in
• Free mode, on the “myKewego network”. In this case, You can only make non commercial use of the API. You have access to all calls. There is only one limit: you can play a maximum of 1000 videos every day through the API.
• Unlimited mode, with any professional video webcasts or portals sold by KEWEGO. In this case, you can do whatever you want, if you use the API like a “normal” developer ;-).

The myKewego Network consists of sixteen video community sites hosted by KEWEGO, which are present all around Europe, and available at the following urls: http://www.kewego.com, http://www.mykewego.co.uk, http://www.mykewego.fr, mykewego.be, http://www.mykewego.ch, http://www.mykewego.de, http://www.mykewego.at, http://www.mykewego.es, http://www.mykewego.nl, http://www.mykewego.se, …
The myKewego Network is completely built on Kewego technology and is a clear example of what could be implemented with the Kewego APIs.

Video Webcast and Portals are commercial products sold by Kewego to media companies, and Corporations. These two products offer professional tools to manage, broadcast and monetize video content in a professional, high quality, and reliable manner. Kewego has high profile reference customers like Orange, Metro, M6, Grüner & Jahr,
, Lycos Europe, … Kewego sells its products either directly or through a network of partners like Web Agencies, or System Integrators.

Basic Principles

This document explains all that you, the Developer (the “Developer”) is entitled to do with the Kewego API.
This document is a legal document, or if you prefer, a contract. If you use the Kewego API, it means that you accept for yourself and, if appropriate, your employer the conditions and terms of service and usage of the Kewego API as defined in this document.
Please therefore read carefully this document before starting to use the Kewego API. If you have any doubts about the implications of using the Kewego API, please take advice from the relevant people within your organization before using the Kewego API.
Kewego hopes that you will spend a great deal of time using its API to develop new and innovative video solutions for the Internet. The time that it will take you to read this document will be minimal compared to the time you will spend using Kewego’s APIs.

Introduction

To start using the Kewego API, You must first become a registered Kewego Developer, by creating a Developer Account on Kewego’s developer website: http://developers.kewego.com.
Once you are a Registered Developer, and once you have agreed to be bound by all the terms of this Terms of Service and Usage of the Kewego API (this "Agreement"), you can request Application Keys, and start to use the Kewego APIs.
Application Keys allow you to make all the API calls. When you request an Application Key, you must indicate in which mode you want to use the Kewego API: either Free, or Unlimited. The Application Key is issued instantly if you request a key in Free mode, and within a few hours, after the relevant checks, if you request an Unlimited mode.
In exchange for the Developer’s access to and use of the Kewego API, API Data, Application Keys, API Specifications, and Developer Credentials, the Developer agrees to be bound by all the terms of this Terms of Service and Usage of the Kewego API (this "Agreement"). In this agreement, "the Developer" (including "You", “Your” , "Yours" , “Developers” or “Developer’s”) means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement. Nothing in this Agreement shall be deemed to confer any rights or benefits to third parties.
The Kewego API is a feature of Kewego and a general description of the Kewego API, as it is currently offered by Kewego, is available at http://developers.kewego.com/. More, or updated information may be provided at this or such other URL as Kewego may provide from time to time. The Kewego API and API Specifications are, as applicable, the intellectual property and proprietary information of Kewego. The Developer’s right to use, copy and to retain a copy of the Kewego API and API Specifications is contingent on the Developer’s total respect of all of the terms and conditions of this Agreement. If the Developer violates any part of this Agreement, the Developer’s access to theAPI may be suspended or terminated without any notice. If the Developer decides to terminate the Developer’s agreement to all or part of this Agreement, the Developer shall immediately cease all use of the Kewego API.

"API Client" means a website, web page, software application or function or program developed by the Developer for any device that makes use of the Kewego API.

"API Data" means any data or content, including but not limited to Kewego video content, obtained from Kewego using any Kewego API, including advertising content that Kewego or its partners may, at its sole discretion, provided along with or insert in data or content obtained from Kewego using the Kewego API.

"API Specifications" means all information and documentation that Kewego may provide specifying or concerning the Kewego API, and any Kewego-supplied implementations or methods of use of the Kewego API. The reference documentation is available online at http://developers.kewego.com/kb/

"Application Key" means the unique identifier that Kewego assigns to every application that registers for use of the Kewego API.

“Free Application Key” means the key that will be given to the Developer to allow the Developer to develop applications with the API tools but which are restricted to use within themyKewego Network and to playing no more than 1 000 (one thousand) videos per month.

“Unlimited Application Key” means the key that will be given to the Developer to allow the Developer to develop applications with the API tools for uses with a commercial Kewego product outwith the myKewego network. The granting of such a key is subject to the customer having executed a separate agreement giving the Developer access to such a key.

"Developer Details" means information assigned to the Developer by Kewego that allows the Developer to access Kewego servers and make use of the Kewego API.

"Third Party" means a party (ie person – individual or any form of corporation or partnership) other than Kewego or the Developer (including, without limitation, any database, software or service owned by or under the control of a party other than Kewego or the Developer).

Using the "Kewego API" means using the mark-up language described in the Kewego API Specifications to: (i) access Kewego servers through the Kewego API, (ii) receive API Data and other information from the Kewego servers in response to Kewego API calls, and (iii) transmit videos, content, data or information to the Kewego servers via the Kewego API.

II. API Use

1. Permission to Use. The Developer may use the Kewego API only in accordance with the terms and conditions of this Agreement and the API Specifications and only with the Developer’s own Developer Details.

2. Application Key. When signing into the Kewego API website, the Developer will be given access to Free Application Keys, which will give the Developer the possibility to develop applications and functionalities within the myKewego network. To develop applications and/or functionalities on commercial Kewego products, the Developer must have an Unlimited Application Key which may only be obtained by entering into a separate agreement with Kewego.

2. API Data Transfers, Disclosures, Security.

a. Transfer of API Data. The Developer is not entitled to sell, lease, lend, convey, redistribute, or sublicense to any Third Party all or any portion of API Data, except that the Developer may distribute and display the Kewego video content and accompanying metadata to the Developer’s API Clientusers through the Developer’s API Client in a manner that complies with this Agreement.

b. Transfer of other API Materials. The Developer shall not disclose all or part ofthe Developer’s API Client user Details, any Application Key to any Third Party except to the Developer’s agent(s) using such information solely on the Developer’s behalf solely in accordance with the terms of this Agreement and under a written duty of confidentiality. The Developer takes responsibility for any and all use and disclosure of API Specifications, the Developer’s API Client user Details and the Developer’s Application Keys obtained through the Developer.

c. Security. The Developer shall use all reasonable efforts to keep all non-public API Data, the Developer’s API Clientuser Details, the Developer’s Applications Keys in a secure environment at all times.

d. Data Collection. Except as expressly authorized by Kewego, which shall only be granted under a separate Kewego product or service feature or agreement in writing, the Developer shall not use any automated means (e.g., scraping and robots) other than the Kewego API itself to access, query or otherwise collect information from the Kewego websites (collectively, "Automated Information Access"). The Developer may employ session based caching of Kewego API results but must use commercially reasonable efforts to update cached results upon any changes in video metadata. For example, if a video is removed from the Kewego service or made "private" by the video uploader, cached results and thumbnails should be removed from the Developer’s cache.

3. No Guaranteed Access. Kewego may suspend or terminate the Developer’s access to the Kewego API and Kewego servers for any or no reason at any time and will bear no liability whatsoever for such decision. The Developer is solely responsible at all times to backup the Developer’s data and to be prepared to manage the Developer’s account(s) without access to the Kewego API. KEWEGO DOES NOT REPRESENT OR WARRANT, AND SPECIFICALLY DISCLAIMS, THAT THE KEWEGO API WILL BE AVAILABLE WITHOUT INTERRUPTION. IN ADDITION KEWEGO MAY CHANGE AT ANY TIME, WITHOUT NOTICE, ANY OF THE FEATURES OF THE KEWEGO API AND MAY ALSO TERMINATE ANY FEATURE AT ANY TIME, WITHOUT NOTICE, OF THE KEWEGO API.

4. Kewego Monitoring. The Developer acknowledges that Kewego may monitor any Kewego API activity for the purpose of ensuring quality, improving Kewego products and services, and compliance with these terms. The Developer shall not interfere with such monitoring or otherwise obscure from Kewego the Developer’s API activity. Kewego may use any technical means to overcome such interference. However, Kewego is not responsible for monitoring or policing any dispute related to the Developer’s use of any Kewego services (including, without limitation, the Kewego API) that may arise between the Developer and any account owner or other Third Party.

III. General

1. No Continuity. Kewego may suspend or terminate the Developer’s access to the Kewego API, or change any or all of the Kewego API, protocols or methods of access to it, or the API Specifications for any or no reason and is not liable to the Developer for such decision.

2. Client Software Principles and Compliance, Notices to Developers. The Developer’s development of any software application that accesses Kewego, including, without limitation, the Developer’s development of any API Client, shall at all times comply with all the terms and conditions of this Agreement, and any user created through the API from a Developer’s application should comply with the general Kewego Terms of Use (available at http://www.kewego.com/ at the bottom of the page “Terms of Service”). The development of any software that enables, facilitates, or encourages the capturing, "stream-grabbing," or downloading of Kewego video content is expressly prohibited under this Agreement. If the Developer uses the Kewego API to permit the Developer’s API Client users to upload videos to Kewego, the Developer must notify the user of the obligation to comply with the Kewego Terms of Use and content policies and provide the Developer with the following link to the Kewego Terms of Use (http://www.kewego.com/ at the bottom of the page “Terms of Service”). If videos will be uploaded to the user’s account , the user must notify the Developer of the terms of ownership of such video.

3. Compliance with Law and Policies. The Developer is responsible for complying with all applicable laws, rules and regulations, all third party rights and all Kewego policies. The Developer shall not use the Kewego API in a manner that violates such laws, rules and regulations, third parties' rights or any Kewego policies or in a manner that is deceptive, unethical, false or misleading. For avoidance of doubt, the Developer shall not distribute or provide access to applications the Developer develops in contravention of French Law.

4. Commercial Use. The Developer shall not use the Kewego API for any commercial use whatsoever, whether for money or money’s worth or which may even be free of charge, without the prior written consent of Kewego. Such written consent may only be given within the framework of a duly executed separate written agreement between Kewego and the Customer. Should the Developer have any doubts relating to this provision or should the Developer wish to explore the possibility of entering into such an agreement, the Developer should contact Kewego at :

http://www.kewego.com/

Nothing in the present provision should be construed as preventing the Developer from using Kewego’s services under the terms of the Kewego Terms of Service (http://www.kewego.com/ at the bottom of the page “Terms of Service”).

5. The Developer agrees that the Developer will not, create an API Client which may modify in any manner the content supplied by any user without the prior consent of such user. 6. Duty not to Interfere. The Developer shall not interfere or attempt to interfere in any manner with the proper workings of the Kewego API, and the Developer shall not create or distribute any API Client that adversely affects the functionality or performance of Kewego or services provided by Kewego. The Developer’s duty not to interfere shall include, but not be limited to, the Developer’s duty to respect all geographically based Internet Protocol (IP) restrictions, if any, implemented by Kewego. Any implementation of the Kewego API that circumvents or renders ineffective such IP restrictions, including blocking or modifying the IP address of any end user, is expressly prohibited.

7. Usage and Quotas. Free usage of the Kewego API and associated Kewego services is limited to functions and restrictions described herein for the Free Application Key. Kewego may, in its sole discretion, modify this quota of operations on the Developer’s Kewego API usage. The Developer shall not attempt to exceed automated use-quota restrictions. The Developer shall not attempt to aggregate the Developer’s use or representation of accounts primarily for the purpose of manipulating the Developer’s Kewego API use-quotas.

8. myKewego-Related Data Provided by the Developer’s End Developers. The Developer shall not interfere with, modify, or collect any myKewego-Related Information provided by the Developer’s End users. "myKewego-Related Information" means any data, including but not limited to myKewego account information and video metadata (description fields, tags, ratings, etc.), provided by the user.

9. No Technical Support. The Developer understands and agrees that Kewego will provide no guarantee of technical support services to the Developer in connection with the integration of the Kewego API with the Developer’s API Client. Kewego may provide such support on-line at : http://developers.kewego.com/

10. No Implied Rights. Except as expressly granted herein, neither party through this Agreement grants the other party any intellectual property rights or other propriety rights. The Developer hereby releases and covenants not to sue Kewego and its corporate affiliates and any of their officers, directors, employees, agents, shareholders, licensors, licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims (a) pertaining to any intellectual property the Developer may develop that is based on, uses, or relates to the Kewego API; and (b) which otherwise may arise in connection with the Developer’s use of, reliance on, or reference to the Kewego API. As between the Developer and Kewego, Kewego, its corporate affiliates, and its applicable licensors retain all intellectual property rights (including all patent, trademark, copyright, trade secret, and other proprietary rights) in and to the Kewego API Specifications, all Kewego websites and all Kewego services and any derivative works in connection therewith. All license rights granted herein are not sub-licensable, transferable or assignable unless otherwise stated herein or otherwise agreed to in writing between the Developer and Kewego.

11. Non-exclusive. This Agreement is a non-exclusive agreement. The Developer acknowledges that Kewego may be developing and may develop products or services that may compete with this Kewego API, API Clients or any other products or services.

12. Publicity. The Developer agrees that Kewego may use the Developer’s name and/or logo in presentations, marketing materials, customer lists, financial reports, Web site listings of customers, research and marketing case studies and other marketing-related activities. The Developer may not issue any public announcement regarding the Developer’s use of the Kewego API without Kewego's prior review and written approval, at Kewego's sole discretion.

13. Brand Feature Rules. "Kewego Brand Features" means the trade names, trademarks, service marks, logos, domain names and other distinctive brand features of Kewego. Kewego grants the Developer a non-exclusive license to use the Kewego Brand Features solely in connection with their display on or through the API Client as delivered by Kewego. The Developer shall prominently display the Powered by Kewego logo delivered to the Developer by Kewego on (a) any page of the Developer’s API Client that presents Kewego video content through the Kewego API, and (b) any page of the Developer’s API Client that accepts video uploads from the Developer’s API Client users through the Kewego API. Kewego may terminate the Developer’s license to use the Kewego Brand Features at any time for any or no reason. Goodwill in Kewego Brand Features will inure only to Kewego's benefit and the Developer obtains no rights with respect to any of them. The Developer irrevocably assigns and will assign to Kewego any right, title and interest that the Developer may obtain in any of Kewego's Brand Features. The Developer shall not at any time challenge or assist others to challenge Kewego Brand Features or their registration (except to the extent that the Developer cannot give up that right by law) or attempt to register any trademarks, marks or trade names confusingly similar to Kewego's. This paragraph survives any termination or expiration of this Agreement.

14. Confidentiality. The Developer agrees not to disclose Kewego Confidential Information without Kewego's prior written consent. "Kewego Confidential Information" includes, without limitation: (a) all Kewego software, technology, programming, and specifications relating to the Kewego API and the program; (b) API Data; and (c) any other information designated in writing by Kewego as "Confidential" or an equivalent designation. Kewego Confidential Information does not include information that has become publicly known through no breach by the Developer or Kewego, or information that has been (i) independently developed without access to Kewego Confidential Information as evidenced in writing; (ii) rightfully received by the Developer from a third party who has the lawful right to disclose such information; or (iii) required to be disclosed by law or by a governmental authority.

15. Indemnification. The Developer shall indemnify, defend and hold Kewego, its agents, affiliates, and licensors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are "Claims") by a Third Party arising out of the Developer’s use of the Kewego API in any manner that breaches this Agreement or otherwise arising out of materials or technology contributed by the Developer and not by Kewego. At Kewego’s option, the Developer shall assume control of the defense and settlement of any Claim subject to indemnification by the Developer (provided that, in such event, Kewego may at any time thereafter elect to take over control of the defense and settlement of any such Claim, and in any event, the Developer shall not settle any such Claim without Kewego's prior written consent).

16. Termination. Any licenses contained in this Agreement will terminate automatically without notice if the Developer fails to comply with any provision of this Agreement. Kewego reserves the right to terminate this Agreement or discontinue the Kewegoe API or any portion or feature thereof for any or no reason and at any time without liability to the Developer. Upon any termination or notice of any discontinuance, the Developer shall immediately stop and thereafter desist from using the Kewego API . Kewego may independently communicate with any account owner whose account(s) are associated with the Developer’s Details to provide notice of both the termination of the Developer’s right to use the Kewego API and the display of any advertisements associated with the Developer’s Details. Sections I, II (2), (3)(b)-(d), (4) and (5), and III hereto shall survive any termination or expiration of this Agreement and will continue to bind the Developer in accordance with their terms.

17. Modification. Kewego may modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion by posting a change notice to the Developer’s account, changing these terms and conditions, emailing to the email address of the Developer’s account or account associated with the Developer’s Details or otherwise notifying the Developer. IF ANY MODIFICATION IS UNACCEPTABLE TO THE DEVELOPER, THE DEVELOPER’S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. THE DEVELOPER’S CONTINUED USE OF THE KEWEGO API, CONTINUED POSSESSION OF A COPY OF NON-PUBLIC API SPECIFICATIONS OR CONTINUED DEVELOPMENT FOLLOWING POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON KEWEGO’S WEB SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

18. Disclaimer and Limitation of Liability. KEWEGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FOR NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. KEWEGO SHALL HAVE NO DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER LIABILITY WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN THE EVENT THAT THE FOREGOING IS NOT ENFORCEABLE, KEWEGO'S AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO AMOUNTS PAID OR PAYABLE TO KEWEGO BY THE DEVELOPER FOR THE KEWEGO API SERVICES IN THE MONTH PRECEDING THE CLAIM.

19. Miscellaneous. The Agreement is governed by French law and all claims arising out of or relating to this Agreement or the Kewego services and programs shall be litigated exclusively in commercial courts falling under the jurisdiction of Paris (FRANCE), and the Developer and Kewego consent to personal jurisdiction in those courts. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. The Developer may grant approvals, permissions and consents to Kewego by email, but any modification to this Agreement shall be made in a writing (not including email) executed by both parties. Any notices to Kewego shall be sent to our corporate headquarters address as set forth on our website via registered mail and is deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention, and remaining provisions of the Agreement will remain in full effect. The Developer shall not assign or otherwise transfer any of the Developer’s rights or delegate the Developer’s obligations hereunder and any such attempt is null and void. The Developer and Kewego are not legal partners or agents, but are independent contractors.