Billboard API Terms of Use

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").

By accessing and using this API (the "API"), you explicitly agree to comply with and be bound by these Terms of Use. If you disagree with any of the terms below, Nielsen does not grant you a license to use the API.

Nielsen reserves the right to update and change, from time to time, these Terms of Use and all documents and information incorporated by reference without notice to you. You can always find the most recent version of these Terms of Use at http://developer.billboard.com/Api_terms_of_use. Use of the API after any change constitutes acceptance of such changes.

1. Licensed Uses and Restrictions.

The API is owned by Nielsen and is licensed to you on a limited, non-exclusive, non-sublicensable, non-transferable basis on the terms and conditions set forth herein. These Terms of Use define legal use of the API, all updates, revisions, substitutions, and any copy of the API made by or for you. All rights not expressly granted to you are reserved by Nielsen.

Nielsen may terminate the license at any time for any reason. The license terminates automatically if:

you violate any of these Terms of Use;
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:

A. RESTRICTIONS

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.

B. ATTRIBUTION

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;
Use the API in any manner or for any purpose that violates any law or regulation, any right of any entity, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with these Terms of Use;
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.

If you become aware that any user of your implementations are in breach of these Terms of Use, then you shall notify Nielsen promptly of that breach by e-mail to api@billboard.com and shall take prompt commercially reasonable corrective action at your expense to remedy that breach. In addition, upon request of Nielsen, you will either (a) use commercially reasonable efforts to obtain equitable relief to prevent harm to Nielsen and its licensors, or (b) assign any of your applicable rights to permit Nielsen or the applicable licensor to seek equitable relief. Your obligations to report and enforce these Terms of Use will survive termination of these Terms of Use or your use of the API.

2. Ownership and Relationship of Parties.

The API may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. Nielsen's rights apply to the API and all output and executables of the API, excluding any software components developed by you which do not themselves incorporate the API or any output or executables of the API. You shall abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Use or as requested by Nielsen. Nielsen owns all rights, title and interest in and to the Billboard API. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by Nielsen, including (but not limited to) the API or its intellectual property.

3. Support.

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.

You and Nielsen are independent contractors, and nothing in these Terms of Use shall be construed as creating an employer-employee relationship, a partnership or a joint venture. While you may publicly refer to the fact that you have implemented the API, you shall not issue any other public statements that assert or imply any other relationship with Billboard or Nielsen unless you have Nielsen's prior written approval.

6. Indemnity.

You shall defend, hold harmless and indemnify Nielsen, its subsidiaries, affiliates, officers, agents, employees, licensors, sponsors, advertisers, data providers and suppliers, from and against any damages, losses, claims, liabilities, suits, judgments, costs and fees (including attorneys' fees) arising from or in any way related to your or your users' use of the API, Billboard Data or the Nielsen Brand & Links other than as set forth in these Terms of Use, violation of these Terms of Use or other actions connected with use of API Services whether or not Nielsen provides you with written notice of such claim, suit or action.

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.

These Terms of Use shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and your users hereby irrevocably submit to the personal jurisdiction of the federal and state courts located in New York County, NY, which shall have exclusive jurisdiction to adjudicate all matters involving you, your users, Nielsen, the API, Billboard Data and the API Services. Nielsen's failure to exercise or enforce any right or provision of these Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the intentions of Nielsen as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the API Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

10. General.

You represent that you have the authority to bind the organization (if any) identified in your application for the API. You shall not export from anywhere any part of the API, Billboard Data or Nielsen Brand & Links provided to you or any product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. If provided to the U.S. government, the API, Billboard Data or Nielsen Brand & Links are provided with the commercial license rights described herein. The section titles in these Terms of Use are solely used for convenience and have no legal or contractual significance. Nielsen may assign your license and these Terms of Use, in whole or in part, at any time with or without notice to you. You may not transfer, assign, or delegate your license, these Terms of Use or your API key to any other party. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and Nielsen with respect to the API, API Services, Billboard Data and Nielsen Brand and Links and supersede all prior or contemporaneous communications of any kind between you and Nielsen with respect to the API, API Services, Billboard Data or Nielsen Brand & Links.

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