API Terms of Service

Last Update: July 1st, 2010

Developer Rules

PinkelStar maintains an open platform that will support the millions of people around the world who are sharing and discovering mobile applications. We want to empower our ecosystem partners to build valuable businesses around the information flowing through PinkelStar. At the same time, we aim to strike a balance between encouraging interesting development and protecting both PinkelStar's and users' rights.

We've come up with a set of Developer Rules ("Rules") that apply to all developers and companies building products and services that interact with PinkelStar. If you're a user of PinkelStar services, but not a developer, these rules will simply show what our partners are currently allowed to do with the content and information you share with PinkelStar. The Rules will evolve along with our ecosystem as developers continue to innovate and find new, creative ways to use the PinkelStar API, so please check back periodically to see the most current version. If you are doing something prohibited by the Rules, talk to us about whether we should make a change or give you an exception.

I. API ACCESS

  1. All use of the PinkelStar API and content, documentation, code, and related materials made available to you through the PinkelStar API ("PinkelStar Content") in connection with the products or services you provide (your "Service") is subject to and must comply with these Rules.

  2. You may use the PinkelStar API and PinkelStar Content to develop a Service to search, display, analyze, retrieve, view, and submit information to or on PinkelStar. You may use the PinkelStar name or logos and other brand elements that PinkelStar makes available in order to identify the source of PinkelStar Content ("PinkelStar Marks") subject to these Rules.

  3. Your use of the PinkelStar API and PinkelStar Content are subject to certain limitations on access, calls, and use of the PinkelStar API as set forth on dev.PinkelStar.com or as otherwise provided to you by PinkelStar. If PinkelStar reasonably believes that you have attempted to exceed or circumvent the rate limits, your ability to use the PinkelStar API and PinkelStar Content may be temporarily or permanently blocked. PinkelStar may monitor your use of the PinkelStar API to improve the PinkelStar service and to ensure your compliance with these Rules.

  4. You will not attempt or encourage others to:

    • (a) sell, rent, lease, sublicense, redistribute, or syndicate the PinkelStar API or PinkelStar Content to any third party for such party to develop additional products or services without prior written approval from PinkelStar;
    • (b) remove or alter any proprietary notices or marks on the PinkelStar API or PinkelStar Content;
    • (c) use or access the PinkelStar API for purposes of monitoring the availability, performance, or functionality of any of PinkelStarʼs products and services or for any other benchmarking or competitive purposes; or
    • (d) use PinkelStar Marks as part of the name of your company or Service, or in any product, service, or logos created by you. You may not use PinkelStar Marks in a manner that creates a sense of endorsement, sponsorship, or false association with PinkelStar. All use of PinkelStar Marks, and all goodwill arising out of such use, will inure to PinkelStarʼs benefit.

II. PRINCIPLES

We ask that you and your Service follow four principles:

  1. Don't surprise users

    • (a) Maintain the integrity of user share messages:
      • Don't edit or revise user-generated content delivered through the API except as necessary due to technical limitations or requirements of any networks, devices, services, or media.
      • Identify the user that authored or provided a share message unless you are either providing share messages in an aggregate form, or need to make share messages anonymous due to user privacy or security concerns.
    • (b) Get users' permission before:
      • sending share messages or other messages on their behalf. A user authenticating through your application does not constitute consent to send a message.
      • modifying their profile information or taking account actions (including sending share messages without consent) on their behalf.
    • (c) Your application should not:
      • use business names and/or logos in a manner that can mislead, confuse, or deceive users.
      • confuse or mislead users about the source or purpose of your application.
      • use as its Application Website URL an unrelated URL, a site intended to entice or encourage users to violate our rules, a spam or malware site, or a shortened URL to mask the true destination.
      • replicate, frame, or mirror the PinkelStar website or its design.
      • impersonate or facilitate impersonation of others in a manner that can mislead, confuse, or deceive users.
    • (d) Respect the privacy and sharing settings of PinkelStar Content. Promptly change your treatment of PinkelStar Content (for example, deletions, modifications, and sharing options) as changes are reported through the PinkelStar API.

  2. Don't create or distribute spam

    • (a) Spam can take many forms. Please abide by the spam rules (see elsewhere on the site)
    • (b) If your application performs automatic actions (including share messages or other content updates), make sure you obey the userʼs preference settings.
    • (c) Do not mass-register applications. This includes:
      • creating tokens/applications for the purpose of preventing others from using or selling those names, or other commercial use.
      • using feeds of third-party content to update and maintain accounts under the names of those third parties.
      • submitting multiple applications with the same function under different names for the purpose of name squatting.
    • (d) Do not facilitate or encourage the publishing of:
      • links to malicious content
      • pornographic or obscene images to user profile images and background images

  3. Respect user privacy

    • (a) Clearly disclose what you are doing with information you collect from users.
    • (b) Clearly disclose when you are adding location information to a user's share message, whether as a geotag or annotations data. Be clear about whether you are adding a place or specific coordinates.
    • (c) Do not solicit another developer's consumer keys or consumer secrets if they will be stored outside of that developer's control. For example, online services that ask for these values in order to provide a "PinkelStar-branding" service are not allowed.
    • (d) Do not facilitate or encourage the publishing of private or confidential information.

  4. Be a good partner to PinkelStar

    • (a) Respect the features and functionality embedded with or included in PinkelStar Content or the PinkelStar API. Do not attempt to interfere with, disrupt, or disable any PinkelStar API features.
    • (b) If your application causes or induces user accounts to violate the PinkelStar Rules (for example, by resharing spam updates, repeatedly posting duplicate links, etc.), it may be suspended or terminated.
    • (c) Respect the intellectual property rights of others.

III. OTHER LEGAL TERMS

1. Termination.

You may terminate any license in these Rules at any time by ceasing your access to the PinkelStar API and use of any PinkelStar Content, and deleting all copies of the PinkelStar API and PinkelStar Content as described below. PinkelStar may immediately suspend your access to the PinkelStar API or any PinkelStar Content (or if necessary, terminate this agreement with you) at any time, and without notice to you if you breach any term or condition in this agreement or otherwise engage in activities that PinkelStar reasonably determines are likely to cause liability to PinkelStar. PinkelStar may also terminate any licenses hereunder for any reason with thirty (30) days notice (including by email to the address associated with your account) to you. PinkelStar will not be liable for any costs, expenses, or damages as a result of its termination of this agreement. Upon termination of this agreement, you will promptly cease accessing and using the PinkelStar API and PinkelStar Content and will delete all PinkelStar Content and any information derived therefrom and all copies and portions thereof, in all forms and types of media from your Service. Sections 1(4) and V of these Rules will survive the termination of this agreement.

2. Confidentiality.

You may be given access to certain non-public information, software, and specifications relating to the PinkelStar API ("Confidential Information"), which is confidential and proprietary to PinkelStar. You may use this Confidential Information only as necessary in exercising your rights granted in these Rules. You may not disclose any of this Confidential Information to any third party without PinkelStarʼs prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.

3. Ownership; Feedback.

3.1 PinkelStar.

You expressly acknowledge that PinkelStar and its end users retain all worldwide right, title and interest in and to the PinkelStar Content, including all intellectual property rights therein. You also acknowledge that as between you and PinkelStar, PinkelStar owns all right, title and interest in and to the PinkelStar API, PinkelStar Marks, and the PinkelStar service (and any derivative works or enhancements thereof), including but not limited to all intellectual property rights therein. You agree not to do anything inconsistent with such ownership. Any rights not expressly granted herein are withheld. You agree that you will not challenge PinkelStarʼs ownership of, the validity of any license to use, or otherwise copy or exploit the PinkelStar Marks during or after the termination of this agreement except as specifically authorized herein. If you acquire any rights in the PinkelStar Marks or any confusingly similar marks, by operation of law or otherwise, you will, at no expense to PinkelStar, immediately assign such rights to PinkelStar.

3.2 You.

As between you and PinkelStar, you retain all worldwide right, title and interest in and to your Service, excluding the PinkelStar API, PinkelStar Marks, and the PinkelStar Service (and any derivative works or enhancements thereof), including but not limited to all intellectual property rights therein. You may provide PinkelStar with comments concerning the PinkelStar Content or PinkelStar API or your evaluation and use thereof. You agree that PinkelStar and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense, incorporate, and otherwise use the feedback, including derivative works thereto, for any and all commercial and non- commercial purposes with no obligation of any kind to you.

4. Updates.

PinkelStar may update or modify the PinkelStar API, Rules, and other terms and conditions, including the Display Guidelines, from time to time its sole discretion by posting the changes on this site or by otherwise notifying you (such notice may be via email). You acknowledge that these updates and modifications may adversely affect how your Service accesses or communicates with the PinkelStar API. You will have thirty (30) days from such notice to comply with any modifications. If any change is unacceptable to you, your only recourse is to terminate this agreement by ceasing all use of the PinkelStar API and PinkelStar Content. Your continued access or use of the PinkelStar API or any PinkelStar Content following the 30 day period will constitute binding acceptance of the change.

5. Representations and Warranties; Disclaimer.

5.1 Representations and Warranties.

You represent and warrant that:

  • (a) you have the necessary power and authority to enter into this agreement, and that the performance of your obligations will not constitute a breach or otherwise violate any other agreement or the rights of any third party arising therefrom;

  • (b) you will maintain throughout the term of this agreement all rights and licenses that are required with respect to your Service; and

  • (c) your Service and its use, distribution, sale and license, including the use of any license hereunder, does and will continue to comply with all applicable foreign, federal, state, and local laws, rules, and regulations.

5.2 Disclaimer.

THE PINKELSTAR CONTENT, PINKELSTAR API, AND ANY OTHER PINKELSTAR PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND ON AN "AS-AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. PINKELSTAR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PINKELSTAR DOES NOT WARRANT THAT THE PINKELSTAR CONTENT AND PINKELSTAR API AND ANY OTHER PINKELSTAR PRODUCTS AND SERVICES PROVIDED HEREUNDER WILL MEET ALL OF YOUR REQUIREMENTS OR THAT USE OF SUCH PINKELSTAR CONTENT AND PINKELSTAR API BE ERROR- FREE UNINTERRUPTED, VIRUS-FREE, OR SECURE.

6. Limitation of Liability.

IN NO EVENT WITH PINKELSTAR BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE PINKELSTAR API, PINKELSTAR CONTENT, OR OTHER PINKELSTAR PRODUCTS AND SERVICES WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN ANY CASE, PINKELSTAR AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AGGREGATE FEES YOU PAID FOR ACCESS TO THE PINKELSTAR API IN THE LAST YEAR.

7. Indemnification.

You will indemnify, defend, and hold PinkelStar, its subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneysʼ fees) brought by a third party arising out of or in connection with:

  • (a) any act or omission by you, in connection with your use of the PinkelStar Content, the PinkelStar API, or the PinkelStar Marks;

  • (b) your use of the PinkelStar Content, the PinkelStar API, or the PinkelStar Marks other than as expressly allowed by this agreement;

  • (c) your breach or alleged breach of any of the terms, restrictions, obligations or representations under this agreement; or

  • (d) your Service.

You will assume control of the defense and settlement of any claim subject to indemnification by you. PinkelStar may, however, at any time elect to take over control of the defense and settlement of any such claim. In any event, you will not settle any such claim without PinkelStarʼs prior written consent.

8. Miscellaneous.

These Rules constitute the entire agreement among the parties with respect to the subject matter and supersedes and merges all prior proposals, understandings and contemporaneous communications. Any modification to the Rules by you must be in a writing signed by both you and PinkelStar. You may not assign any of the rights or obligations granted hereunder, voluntarily or by operation of law (including without limitation in connection with a merger, acquisition, or sale of assets) except with the express written consent of PinkelStar, and any attempted assignment in violation of this paragraph is void. This agreement does not create or imply any partnership, agency or joint venture. This agreement will be governed by and construed in accordance with the laws of the Netherlands, without regard to or application of conflicts of law rules or principles. All claims arising out of or relating to this agreement will be brought exclusively in the courts of Amsterdam, the Netherlands, and you consent to personal jurisdiction in those courts. No waiver by PinkelStar of any covenant or right under this agreement will be effective unless memorialized in a writing duly authorized by PinkelStar. If any part of this agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of this agreement will remain in full force and effect.