Thank you for using the Billboard application programming interface (the "Billboard API"), which is a Nielsen Business Media Inc. ("Nielsen") service that allows pre-approved licensees to retrieve certain data regarding Billboard charts and content ("Billboard Data").
1. Licensed Uses and Restrictions.
Nielsen may terminate the license at any time for any reason. The license terminates automatically if:
- Nielsen publicly posts a written notice of termination on the Billboard Developer Network, currently located at http://developer.billboard.com;
- Nielsen sends a written notice of termination to you; or
- Nielsen ceases providing access to the API to you.
You may also terminate the license by ceasing to use the API, Billboard Data, and any text or logo attribution clickable back to Billboard.com ("Nielsen Brand & Links"), removing implementation of the API from your Web site(s), and deleting all copies of the Billboard Data and Nielsen Brand & Links.
If your product or service uses or is based on the API, then you shall comply with the restrictions and attribution guidelines below:
Unless otherwise consented to or permitted by Nielsen in writing, you will:
- not modify or edit any content, headlines, links or metadata included in the API content when presenting it on your site;
- ensure that the fundamental meaning of the API content is not changed or distorted;
- ensure that the use or display of API content does not suggest that Billboard or Nielsen promotes or endorses you or any third party or the causes, ideas, Web sites, products or services of you or any third party;
- not display the name, logo, trademark or other identifier of another entity (except for Billboard or you) on your site in such a manner as to give the viewer the impression that the other entity is a publisher or distributor of the API content on the site; and
- not archive any of the API content for access by users at any future date after you have finished using the service or if your account is terminated.
The use of API content must appropriately attribute Billboard.
Any URLs which are delivered in the API content must link in each instance to the related Billboard URL (www.billboard.com). You shall not display the API content in such a manner that does not allow for successful linking and redirection to, and delivery of, Billboard.com's Web page, nor may you frame any Billboard.com Web page.
You shall use instructions provided in the API to place application identification information (the "API key") into any application or service you develop that incorporates or makes any use of the API. You may only create a single API key per application or service and API key must accompany all Web services requests coming from that application or service. You can sign up for an API key at http://developer.billboard.com/member/register. 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.
YOU SHALL NOT:
- Use the API 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, hacking/surveillance/interception/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-packaged food items, weapons and accessories;
- Sell, lease, share, transfer, or sublicense the API or access or access codes thereto or derive income from the use or provision of the APIs, whether for direct commercial or monetary gain or otherwise, without Nielsen's prior, express, written permission;
- Use the API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the API documentation located within http://developer.billboard.com as determined by Nielsen in its sole discretion;
- Use the API for any commercial purpose or in any product or service that competes with products or services offered by Billboard, Nielsen or its affiliates;
- Retain any copies of the Billboard Data. Your license to the Billboard Data is limited to making direct server calls to Billboard for the Billboard Data and to distributing the Billboard Data to your end user on your Web site(s) or applications, immediately upon receipt by your servers; or
- Reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the API or any data provided by Nielsen.
2. Ownership and Relationship of Parties.
Nielsen may elect to provide you with support or modifications for the API (collectively, "Support"), in its sole discretion, and may terminate Support at any time without notice to you. Nielsen may change, suspend, or discontinue any aspect of the API at any time, including the availability of any API. Nielsen may also impose limits on certain features and services or restrict your access to parts or all of the API or the Billboard Web site without notice or liability.
4. Fees and Payments.
Nielsen reserves the right to charge fees for future use of or access to the API or the Nielsen services and Web sites (collectively, "API Services") in Nielsen's sole discretion. If Nielsen decides to charge for the API Services, those charges will be disclosed to you.
5. Limited Relationship.
7. Disclaimer of Any Warranty.
THIS SITE, THE MATERIALS, DATA, API AND THE API SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. USE OF THIS SITE, THE API AND THE API SERVICES, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE API SERVICES, IS AT YOUR SOLE RISK. NIELSEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. NIELSEN DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. NIELSEN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS.
8. Limitation of Liability.
IN NO EVENT SHALL NIELSEN, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, SPONSORS, LICENSEES, ADVERTISERS, DATA PROVIDERS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE API, BILLBOARD DATA, OR THE API SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Choice Of Law, Waiver, And Claims.