You may use the DVIDS API, and the data, content, and information made available through the DVIDS API (“API Data”), in connection with a website or software application (“API Client”) developed by You only in accordance with the terms and conditions of this Agreement, the DVIDS Terms of Service (currently located at https://www.dvidshub.net/about/privacy), the DVIDS API documentation and specifications (currently located at https://api.dvidshub.net/docs), and the developer credentials and API Client IDs assigned to you by DVIDS. DVIDS may monitor Your use of the DVIDS API to ensure quality, improve DVIDS products and services, and verify Your compliance with these terms. You shall not interfere with such monitoring or otherwise obscure from DVIDS Your use of the DVIDS API. DVIDS may use any technical means to overcome such interference.
All media assets and information accessible via the DVIDS API is free for commercial use.
If Your API Client uses the DVIDS API to permit users to upload videos to DVIDS, the screen or window in which the end user clicks the “upload” button must display the following warning: “By clicking ‘upload,’ you certify that you own the right to distribute this media asset and that you are authorized by the respective governmental authority to make the content publicly available on DVIDS, and that it otherwise complies with the DVIDS Terms of Service located at https://www.dvidshub.net.”
"DVIDS Brand Features" means the trade names, trademarks, service marks, logos, domain names and other distinctive brand features of DVIDS. DVIDS grants You a non-exclusive license to use the DVIDS Brand Features solely in connection with their display on or through the API Client as delivered by DVIDS. Your Application shall provide proper attribution to DVIDS. DVIDS may terminate Your license to use the DVIDS Brand Features at any time for any or no reason. Goodwill in DVIDS Brand Features will inure only to DVIDS’s benefit and You obtain no rights with respect to any of them. You irrevocably assign and will assign to DVIDS any right, title and interest that You obtain in any of DVIDS’s Brand Features. You shall not at any time challenge or assist others to challenge DVIDS Brand Features or their registration (except to the extent You cannot give up that right by law) or attempt to register any trademarks, marks or trade names confusingly similar to DVIDS’s. This paragraph survives any termination or expiration of this Agreement.
Your API Client may employ caching of DVIDS API results and media assets, but You must use commercially reasonable efforts to cause Your API Client to update cached results upon any changes in asset metadata. For example, if a video is removed from the DVIDS service, cached results and assets shall be removed from Your cache. Failure to observe this term may result in termination of Your API account.
Each API Client must contain means for You to update the API Client to the most current version of the DVIDS API after any version has been deprecated. For non-website implementations, You must have means of remotely updating each API Client that has already been distributed to an end user.
If DVIDS at its discretion chooses to cease providing the current version of the DVIDS API by upgrading the DVIDS API to a newer version, the current version of the DVIDS API will be deprecated and become the Deprecated Version of the DVIDS API. DVIDS will issue an announcement if the current version of the DVIDS API will be deprecated. For a period of 6 months after an announcement (the “Deprecation Period”), DVIDS will use commercially reasonable efforts to continue to operate the Deprecated Version of the DVIDS API and to respond to problems with the Deprecated Version of the DVIDS API deemed by DVIDS in its discretion to be critical. During the Deprecation Period, no new features will be added to the Deprecated Version of the DVIDS API. DVIDS reserves the right in its discretion to cease providing all or any part of the Deprecated Version of the DVIDS API immediately without any notice if: You have breached any provision of the Terms (or have acted in a manner that clearly shows that You do not intend to, or are unable to comply with the provisions of the Terms); or DVIDS is required to do so by law (for example, due to a change to the law governing the provision of the Deprecated Version of the DVIDS API); or the Deprecated Version of the DVIDS API relies on data or services provided by a third-party partner and the relationship with such partner (i) has expired or been terminated or (ii) requires DVIDS to change the way DVIDS provides the data or services through the Deprecated Version of the DVIDS API; or providing the Deprecated Version of the DVIDS API could create a substantial economic burden as determined by DVIDS in its reasonable good faith judgment; or providing the Deprecated Version of the DVIDS API could create a security risk or material technical burden as determined by DVIDS in its reasonable good faith judgment. DVIDS is constantly innovating in order to provide the best possible experience for its users. At any time prior to discontinuing the current version of the DVIDS API or upgrading to a new version of the DVIDS API, DVIDS may, at its discretion as part of this continuing innovation, label certain features or functionality of the DVIDS API as “experimental.” This paragraph of the Terms will not apply to any features or functionality labeled as “experimental.”
DVIDS may, in its sole discretion, set a quota of operations on Your DVIDS API usage. You shall not attempt to circumvent automated use-quota restrictions.
Your API Client will not, and You will not encourage or create functionality for Your users or other third parties to: collect or modify any DVIDS user account information; interfere or attempt to interfere in any manner with the proper workings of the DVIDS API, or create or distribute any API Client that adversely affects the functionality or performance of DVIDS or services provided by DVIDS; circumvent or render ineffective any geographical restrictions, including IP address-based restrictions; modify, replace or otherwise disable the functioning of links to DVIDS or third-party websites provided in the DVIDS search results or otherwise provided through the DVIDS API or DVIDS player; modify, replace, interfere with or block DVIDS branding & logos placed in the DVIDS player; use the DVIDS API intentionally to encourage or promote copyright infringement or the exploitation of copyright-infringing materials; misrepresent your identity when registering for use of the DVIDS API, use the developer credentials licensed to a different individual or entity, or mask Your usage of the DVIDS API;
Compliance with Laws. You are responsible for complying with all applicable laws, rules and regulations, all third-party rights and all DVIDS policies. You shall not use the DVIDS API in a manner that violates such laws, rules and regulations, third parties’ rights or any DVIDS policies or in a manner that is deceptive, unethical, false or misleading. For avoidance of doubt, You shall not distribute or provide access to applications You develop in contravention of U.S. export control or trade laws.
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. As between You and DVIDS, DVIDS, 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 DVIDS API and its documentation and specifications, all DVIDS websites and all DVIDS services and any derivative works in connection therewith. For the avoidance of doubt, You retain all rights in and to Your API Client, excluding foregoing DVIDS materials and intellectual property. All license rights granted herein are not sublicensable, transferable or assignable unless otherwise stated herein.
Non-exclusive. This Agreement is a non-exclusive agreement. You acknowledge that DVIDS may be developing and may develop products or services that may compete with this DVIDS API, API Clients or any other products or services.
Publicity. You agree that DVIDS may use Your company, organization, or product name and/or logo in presentations, marketing materials, customer lists, financial reports, website listings of customers, research and marketing case studies and other marketing-related activities. You may not issue any public announcement regarding Your use of the DVIDS API which suggests partnership with DVIDS without DVIDS’s prior review and written approval, at DVIDS’s sole discretion.
Confidentiality. You shall not disclose Your developer credentials or Your API Client IDs to any third party except Your agent(s) using such information solely on Your behalf in accordance with this Agreement and under a written duty of confidentiality. You shall not disclose DVIDS Confidential Information to any third party without DVIDS’s prior written consent. “DVIDS Confidential Information” means all non-public DVIDS software, technology, programming, and specifications relating to the DVIDS API, and any other information designated in writing by DVIDS as “Confidential” or an equivalent designation. DVIDS Confidential Information does not include information that has become publicly known through no breach by You or DVIDS, or information that has been (a) independently developed without access to DVIDS Confidential Information as evidenced in writing; (b) rightfully received by You from a third party who has the lawful right to disclose such information; or (c) required to be disclosed by law or by a governmental authority.
Indemnification. You shall indemnify, defend and hold DVIDS, 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 Your use of the DVIDS API in any manner that breaches this Agreement or otherwise arising out of materials or technology contributed by You and not by DVIDS. At DVIDS’s option, You shall assume control of the defense and settlement of any Claim subject to indemnification by You (provided that, in such event, DVIDS may at any time thereafter elect to take over control of the defense and settlement of any such Claim, and in any event, You shall not settle any such Claim without DVIDS’s prior written consent).
Termination. Any licenses contained in this Agreement will terminate automatically without notice if You fail to comply with any provision of this Agreement. DVIDS reserves the right to terminate this Agreement or discontinue the DVIDS API or any portion or feature thereof for any or no reason and at any time without liability to You. Upon any termination or notice of any discontinuance, You shall immediately stop and thereafter desist from using the DVIDS API. DVIDS may independently communicate with any account owner whose account(s) are associated with Your API Client IDs and developer credentials to provide notice of both the termination of Your right to use the DVIDS API. Section III of this Agreement shall survive any termination or expiration of this Agreement and will continue to bind You in accordance with its terms.
Modification. DVIDS 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 Your account, changing these terms and conditions, emailing to the email address of Your account or account associated with Your developer credentials or otherwise notifying You. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THE DVIDS API, CONTINUED POSSESSION OF A COPY OF NON-PUBLIC DVIDS API DOCUMENTATION AND SPECIFICATIONS OR CONTINUED DEVELOPMENT FOLLOWING POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Disclaimer and Limitation of Liability. DVIDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FOR NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. DVIDS 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, DVIDS’S AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO FIVE HUNDRED DOLLARS ($500.00).
Release. You hereby release and covenant not to sue DVIDS 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 You develop that is based on, uses, or relates to the DVIDS API; and (b) which otherwise may arise in connection with Your use of, reliance on, or reference to the DVIDS API. If You have a dispute with one or more DVIDS account owners, You release DVIDS 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 arising out of or in any way connected with such disputes.
Miscellaneous. The Agreement is governed by Georgia law, except for Georgia’s conflicts of laws principles, and all claims arising out of or relating to this Agreement or the DVIDS services and programs shall be litigated exclusively in the federal or state courts of DeKalb County, Georgia, USA, and You and DVIDS consent to personal jurisdiction in those courts. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. You may grant approvals, permissions and consents to DVIDS by email, but any modifications by You to this Agreement shall be made in a writing (not including email) executed by both parties. Any notices to DVIDS shall be sent to our corporate headquarters address as set forth on our website via first class or air mail or overnight courier, 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. You shall not assign or otherwise transfer any of Your rights or delegate Your obligations hereunder and any such attempt is null and void. You and DVIDS are not legal partners or agents, but are independent contractors.
