Thank you for your interest in Coub and our API! We invite you to download and use the API (as defined below), including the associated documentation which is also provided, but please note that our invitation is subject to your review and agreement with this API License Agreement and certain other terms and conditions.
This API License Agreement (the “Agreement”), effective as of the date of acceptance of this Agreement (the “Effective Date”), is by and between Site Administration and you, or the individual, company or other entity that you represent (“Licensee” or “you”). If you are entering into this Agreement on behalf of a company or other entity, you represent and warrant that you have authority to bind such company or other entity to this Agreement.
By building applications that interact with Coub’s products and services (the “Coub Services”) or by using the Coub API (as defined below), including but not limited to requesting authentication credentials or making calls to the Coub API, you unconditionally consent and agree to be bound by and a party to this Agreement. IF YOU DISAGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, COUB DOES NOT GRANT YOU A LICENSE TO USE THE API.
This Agreement sets forth the rules around use of the Coub Services, the Coub API, and content shared on Coub that is accessible (through the Coub API or otherwise) for application development. If you feel that we should make changes to this Agreement, or if you seek a waiver from certain provisions herein, please contact us at email@example.com.
You may wish to save a copy of this License Agreement for your records. In any event, be sure to regularly check this License Agreement for any updates or other changes, which shall be legally binding upon you when we post them (superseding any prior rights and obligations that may apply with respect to the API), whether or not we provide you any other notice of such changes. The currently applicable License Agreement will be posted at http://coub.com/api-terms, and we will indicate the date of each update at the end of the License Agreement. Your continued use of the API after any update will be deemed to confirm your consent to be bound by, and agreement with, the terms of the new License Agreement. If you disagree with the terms of any new License Agreement, you will need to cease use of the API; in such event we would welcome your comments on the terms you found unacceptable.
Licensed Materials. This Agreement governs your use of the following, all of which collectively the “Licensed Materials”, to develop applications: (a) Coub’s programming interface (“API”) and any accompanying or related documentation, source code, executable applications and other materials (collectively, the “Coub API”), including, but not limited to, as made available through Coub’s developer website (the “Developer Website”), as modified from time to time; (b) Coub user account information (“Coub User Information”); and (c) any content posted to the Coub Services or material made available through the Coub API, including but not limited to Coub actions such as Coub likes and recoubs (collectively with the Coub User Information, the “Content”).
Coub Marks. This Agreement also governs your use, and restrictions on such use, of Coub’s trademarks, service marks, logos, and other branding made available for use in connection with the Licensed Materials (the “Coub Marks”).
License. Subject to the terms and conditions, and only during the term of, this Agreement “Term”), Coub grants you a limited, nonexclusive, revocable, non-transferable, non-sublicensable, worldwide, right and license during the Term solely to: (a) develop, test, display, distribute and execute your software applications, services or products (the “Applications”); (b) access and display in your Application the Content obtained through the Coub Service; (c) allow others to access your Application and (d) use and display the Coub Marks only to identify that the Licensed Materials originate from the Coub Services. Applications do not include those applications that use or access the Coub API or Coub Services in order to monitor the availability, performance, or functionality of any of the Coub API or Coub Services, or for any other benchmarking or other competitive purposes.
The licenses granted in the Section titled “License” are explicitly conditioned on adherence to the following restrictions.
Obtaining and Maintaining an API Key. In order to use the Coub API, you must obtain API credentials (an “API Key”) via registration on the Developer Website. You will not share your API Key, will keep your API Key secure, and will use it as your sole means of accessing the Coub API. You are fully responsible for all activities that occur using your API Keys, regardless of whether such activities are undertaken by you or a third party. You are responsible for maintaining up-to-date and accurate information (including a current email address and other required contact information) for your account. Coub may discontinue your access to the API Key if such contact information is not up-to-date and/or you do not respond to communications directed to such coordinates.
User Login and Account Creation. Applications must present users with the ability to log into the Coub Services through the Coub API via the OAuth protocol. Users without an account on the Coub Services must be presented with an opportunity to create an account.
No Substantial Replication. You will not substantially replicate products or services offered by Coub, but are explicitly permitted to create specialized versions or extensions of such products or services. For example, you aren’t permitted to fully replicate the Coub web site or Coub mobile applications, but may create specialized views of Content from channels followed by a user. In addition, you won’t use the Licensed Materials or other information collected from users of Applications to create or maintain a separate videosharing platform, social or media network, or other similar product or service.
No Modification of Coub Timeline. You shall not remove or insert Content when displaying user’s Coub Dashboard or other streams of Content, including but not limited to (i) removing or inserting any advertisements or other sponsored material or (ii) removing other Content inserted by Coub. You shall further not reorder Content in a user’s Coub Timeline and shall present that Content in the order provided by the Coub API. In addition, your advertisements or sponsored material cannot replicate the look and feel of, or reasonably be confused by users as, a piece of Content and should be clearly separated from Content.
No Syndication or Distribution. Applications are strictly prohibited from syndicating or Content in any manner, public or private, including but not limited to public redisplay of any Content.
No In-Network Promotions. Applications may not promote any Content to or within the network (“In-Network Promotions”), including if payment is received for such In-Network Promotions. For example, Applications may not create ranking systems or directories for Coub channels or coubs and promote those rankings or directories within or outside of the Coub Services.
No Export for the Purpose of Replication, Repackaging or Resale. Resale. You won’t, under circumstances, export Content to a datastore intended to replicate, in whole or in part, Coub’s datastore, nor will you repackage and/or resell the Licensed Materials, including any Content, in any manner, including but not limited to by offering access to the Licensed Materials through your own API. For the sake of clarity, this restriction is not intended to apply to Applications that may, at the request of a user, export such user’s Content for the purposes of data portability.
No Compromising Coub Security. You aren’t permitted to use the Licensed Materials in manner that does or could potentially undermine the security of the Coub Services or the Licensed Materials. In addition, you won’t, and won’t attempt to, (i) interfere with, modify or disable any features, functionality or security controls of the Coub Services, or Coub API, (ii) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for the Licensed Materials, or (iii) reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form from the Coub Services, or Coub API.
Reporting Security Flaws and Unauthorized Access. You will immediately report to Coub security flaws you discover in any of the Coub Services or the Licensed Materials. Coub reserves the right, in its sole discretion, to determine what constitutes a security flaw. You will also immediately report any actual or suspected unauthorized access to the Coub API using your credentials. Failure to report such flaws or unauthorized accesses, particularly prior to public disclosure, shall be considered a material breach of this Agreement.
No Phishing. No Spamming. Spamming. You will not publish or link to malicious content intended to disrupt, compromise, or exploit a user’s browser, computer, mobile (or other) device, or Coub account or to compromise a user’s privacy in any manner. In addition, you won’t collect, or try to collect, a user’s Coub credentials, including but not limited to usernames or passwords. You won’t use the Coub Services, or Coub API, and won’t create Applications, for the purpose of “spamming.” Coub reserves the right, in its sole discretion, to determine what actions constitute “spamming”.
Usage Limitations. Limitations. Coub may limit the number of network calls that your Application may make the Coub API, and/or the maximum file size, and/or the maximum Content that may be accessed, or anything else about the Coub API and the Content it accesses as Coub deems appropriate, in its sole discretion; these limitations may on occasion be without notice. In addition, Coub may post usage limitations at the Developer Website, and change such usage limits at any time. In addition to its other rights under this Agreement, Coub may utilize technical measures to prevent over-usage and/or stop usage of the Coub API by an Application after any usage limitations are exceeded.
No Content Modifications. Unless you are legally permitted to do so, you won’t use the Materials to make any modifications to any Content, other than to modify the formatting of such Content in order to display it in a manner appropriate for the pertinent Applications.
No Circumvention or Reverse Engineering; Maintenance of Proprietary Notices. Notices. You and won’t attempt to: (i) interfere with, modify or disable any features or functionality of the Coub Services, or Coub API, including, without limitation, any mechanisms used to restrict or control the Coub Services, or Coub API, such as anti-circumvention measures; (ii) translate, reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form from the Coub Services or the Licensed Materials; (iii) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for the Coub Services or the Licensed Materials; or (iv) remove or modify any proprietary notices, attribution or marks from or delivered as part of the Coub Services or the Licensed Materials.
Genuine Actions. You won’t create Applications with capabilities that do not reflect explicit, expressions of user intent and permission. For example, Applications should not automatically follow channels, should not like, recoub, or reply to Content without explicit user direction to do so, and should not post coubs to the Coub Services without user’s permission. In addition, a Licensee Application should not require a user to generate a coub as a prerequisite to using the application or a feature of the application.
Indicating Use of the Coub Services and the Licensed Materials. In a prominent location in Applications, you should, to the extent reasonable based on the nature of the Licensee Application, indicate that the application has been created using the Coub Services and/or the Licensed
Use of Coub Marks. You won’t, under any circumstances: (i) include in or use the Coub Marks, any marks that are confusingly similar to or derivative of the Coub Marks (“Confusing Marks”), as part of your trade name (registered or otherwise), logos, or other identifiers; (ii) include in or use the Coub Marks or any Confusing Marks as part of any names, domain names, logos, or other identifiers of Applications; or (iii) use the Coub Marks or Confusing Marks in a manner that creates or may create a sense of endorsement, sponsorship, or association with Coub, unless expressly permitted by Coub, in writing, to do so. All use of the Coub Marks, and any goodwill arising out of such use, shall inure to the benefit of Coub. You may freely state and disclose that you are using the Coub Services, or Coub API, as long as you adhere to all restrictions on the use of the Coub Marks stated
Monitoring. Coub reserves the right to monitor your use of the Licensed Materials for any reason no reason, including to ensure your compliance with the terms and conditions of this Agreement. You will ensure that all Applications properly and accurately use all reporting functionality that is made available through aspects of the Coub API that are used by such Applications.
Attribution. You agree to maintain proper attribution for all pieces of Content to (1) the channels that posted such Content (the “Posting Channel”) and (2) the source of the Content, if such source was provided in the Licensed Materials (the “Source”). At no time will you falsely attribute Content. For the sake of clarity, this means that your Applications won’t display any Content without attribution to the Posting Channel and Source (if available), as delivered in the Licensed Materials. In addition, you and your Applications won’t modify or remove any proprietary notices, attribution or marks from the Licensed Materials.
Modifications. You acknowledge and agree that Coub may modify (including but not limited updating) this Agreement, the Coub Services, the Licensed Materials, and the Coub Policies from time to time (a “Modification”). Except for modifications of the Coub Services, you will generally be notified about Modifications through notifications or posts on the Developer Website or through a form of direct communication from Coub to you, including but not limited to e-mail or notifications provided through the Coub Services. A Modification to this Agreement will become effective fourteen days after we have posted the Modification and provided you notification of the Modification. You otherwise acknowledge and agree that the Coub Services and the Licensed Materials may be modified at any time and without any notice to you. You will, within thirty (30) days from the date of first notice of any Modification(s) (or such shorter period of time specified in the notice of the Modification(s)) comply with such modification(s) by implementing and using the most current version of the Licensed Materials and making any changes to Applications that may be required as a result of such Modification(s). You acknowledge that a Modification may have an adverse effect on your Applications, including but not limited to changing the manner in which those Applications communicate with the Coub Services and display Content. Your sole recourse for such adverse effects is to terminate this Agreement pursuant to the Section titled “Termination”. Your continued access to or use of the Coub Services or any Licensed Materials following such thirty (30) day period shall constitute binding acceptance of the applicable Modification(s). Coub will attempt, but is not obligated, to provide thirty (30) days notice of any Modification that is not backwards compatible or that Coub reasonably believes will remove or materially alter significant functionality of the Coub API. We often have to modify our services and APIs, and also may have to modify this agreement, so here we reserve that right. We’ll give you as much notice as we can, but you need to comply with the modifications within 30 days or your access to Coub and/or our APIs may be revoked.
Proprietary Rights. Coub and its licensors, particularly its users, retain all worldwide right, title and interest in and to the Licensed Materials, including but not limited to all worldwide intellectual property rights therein. As between you and Coub, Coub retains all right, title and interest, including without limitation all intellectual property rights, in and to (i) the Coub API and any and all elements and components thereof, including content, technology, software, code, user interfaces and any derivative works and/or compilations thereof; (ii) the Coubs Marks, as defined in this Agreement and (iii) any feedback (“Feedback”) (including suggestions comments, improvements, ideas, etc.), about the Coub Service, the Content, the Coub API, or any applications Coub may be developing, and any derivative works or enhancements thereof. You agree not to act in any manner inconsistent with such ownership. Any of Coub’s rights not expressly granted under this Agreement are withheld. As between you and Coub, you retain all worldwide right, title and interest in and to the Applications, excluding the Coub Services, the Licensed Materials, the Coub Marks, and any derivative works or enhancements thereof, including but not limited to all intellectual property rights therein.
This Agreement does not entitle you to any support for the Licensed Materials, unless you make separate arrangements with Coub. Any such support provided by Coub shall be subject to the terms of this Agreement as modified by a separate support agreement. You are solely responsible for providing all support and technical assistance to end users of your Applications. You acknowledge and agree that Coub has no obligation to provide support or technical assistance directly to your end users and you shall not represent to any of your end users that Coub is available to provide such support. We’ll do our best, but we can’t guarantee any support for you or your Applications. We also can’t support your users. You promise that you’ll do your best to support your own applications.
You may from time to time, gain access to proprietary information, technical data, trade secrets or know-how, including, but not limited to, source code, research, product plans, products, services, customers, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information that is either marked as “confidential” or disclosed in such a manner that it would be reasonably apparent it should be treated confidentially (“Confidential Information”). You may use Confidential Information only to the extent necessary to exercise your rights under this Agreement. You may not disclose Confidential Information to a third party without the prior express consent of Coub, provided in writing or by email. You agree that you will protect Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect its own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.
This Agreement shall commence on the Effective Date and will remain in effect until terminated pursuant to this Section. Either party may terminate this Agreement at any time, for any reason, or for no reason including, but not limited to, if you violate any provision of this Agreement. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, you will stop using, and either return to Coub, or destroy and remove from all computers, hard drives, networks, and other storage media, all copies of the Licensed Materials and any Confidential Information in your possession, and shall certify to Coub that such actions have occurred. The Sections titled “Restrictions”, “Ownership”, “Support”, “Confidentiality”, “Representations and Warranties”, “Indemnification”, “Disclaimer”, “Limitation of Liability”, and “Miscellaneous” shall survive termination of this Agreement.
You represent and warrant that: (i) 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; (ii) you will maintain, throughout the Term, all required rights and licenses related to the Applications and the Applications shall not infringe or otherwise violate any third party rights, including but not limited to third party intellectual property rights; and (iii) your uses of the Licensed Materials do and shall comply with all applicable foreign, federal, state and local laws, rules, and regulations.
You will indemnify and hold Coub, its subsidiaries, affiliates, (i.e., any other persons or entities that directly or indirectly control, or are under common control with, or are directly or indirectly controlled by, Coub) officers, employees, and agents harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses brought by a third party arising out of or in connection with: (i) any act or omission by you in connection with your use of the Coub Services or the Licensed Materials; (ii) your use of the Coub Services or the Licensed Materials, including but not limited to other than as expressly allowed by this Agreement; (iii) your breach of this Agreement, including but not limited to your representations and warranties herein; or (iv) any Licensee Application.
The Coub Services and the Licensed Materials are provided “as is” without warranty of any kind. Coub disclaims all warranties, whether express, implied or statutory, regarding the Licensed Materials and the Coub Services, including without limitation any and all implied warranties of merchantability, accuracy, results of use, reliability, fitness for a particular purpose, title, interference with quiet enjoyment, non-infringement of third-party rights and any warranties or conditions arising out of course of dealing or usage of trade. Further, Coub disclaims any warranty that your use of the Licensed Materials or the Coub Services will meet any or all of your requirements or that such use will be uninterrupted, error-free, virus-free, or secure. Some states do not allow the exclusion or limitation of implied warranties, so the above limitations and exclusions may not apply to you.
In no event shall Coub be liable to you for any special, incidental, indirect, direct, exemplary, punitive, compensatory, or consequential damages (including loss of use, data, business or profits) arising out of or in connection with this Agreement, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not Coub has been advised of the possibility of such loss or damage. Any claim arising our of or relating to this Agreement must be brought within one (1) year. In any case, Coub’s aggregate liability under this Agreement will not exceed fifty U.S. dollars (US$50.00). The foregoing limitations will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
This Agreement constitutes the entire agreement among the parties with respect to the subject matter of this Agreement and supersedes and merges all prior proposals, understandings, and contemporaneous communications, whether oral, written or electronic. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any modification of or changes to this Agreement must be in a writing duly authorized by an authorized representative of Coub or pursuant to the Section titled “Modifications”. You may not assign any of the rights or obligations granted under this Agreement, 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 Coub, and any attempted assignment in violation of this paragraph is void. Coub may assign, transfer or delegate any of its rights and obligations hereunder without notice or consent. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the state and federal courts of New York County, New York. You agree that any claim you may have arising out of or related to this Agreement and/or your use of the Licensed Materials must be filed within one year after such claim arose; otherwise, your claim is permanently barred. The section and paragraph headings in this Agreement, along with all provided annotations, are for convenience only and shall not affect the interpretation of this Agreement. The failure of Coub to enforce any part of this Agreement shall not constitute a waiver of its right to later enforce that or any other part of this Agreement. Waiver of compliance in any particular instance does not mean that Coub will waive compliance in the future. In order for any waiver of any covenant or right under this Agreement to be binding, such waiver must be memorialized in a writing duly authorized by Coub. Unless otherwise specified, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. All notices to Coub shall be sent to firstname.lastname@example.org. All notices to you shall be sent to the location or email address specified in your Coub API access registration information.