Home

Terms of Use

Thank you for using the Daylife application programming interface (the "Daylife API"). By using the Daylife API, you agree to the terms below. If you disagree with any of these terms, Daylife does not grant you a license to use the Daylife API. Daylife reserves the right to update and change these terms from time to time, without notice. You can always find the most recent version of these terms at http://cookbook.daylife.com/TOU

Your license to the Daylife API under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the Daylife API. Daylife may terminate the license at any time for any reason. Your rights to use the Daylife API terminate automatically if (i) you violate any of these terms, (ii) Daylife publicly posts a written notice of termination on www,daylife.com, (iii) Daylife sends a written notice of termination to you, or (iv) Daylife disables your access to the Daylife API.

1. Licensed Uses and Restrictions.

The Daylife API is owned by Daylife, Inc. (hereinafter "Daylife") and is licensed to you, with limitations, on a worldwide, non-exclusive, non-sublicenseable basis, on the terms and conditions set forth herein. These terms define permissable use of the Daylife API, and of all updates, revisions, substitutions, and any copies of the Daylife API made by or for you. All rights not expressly granted to you in this agreement are reserved by Daylife.

A. You agree to the following:

  1. You will comply with the Daylife User Agreement at http://www.daylife.com/user_agreement
  2. In some cases, the Daylife API provides access to content owned by a third party, made available on a syndicated basis, and not the property of Daylife. Third party content may be comprised of headlines, article excerpts, and images. You agree to comply with any requirements or restrictions imposed on usage of the third party content by their respective owners. Although the Daylife API can be used to provide you with access to third party content, neither Daylife's provision of the Daylife API to you nor your use of the Daylife API override the rightful owners' requirements and restrictions, which may include, but not be limited to "all rights reserved" notices. In ALL cases, you are solely responsible for making use of third party content in compliance with the owners' requirements or restrictions.
  3. You will limit your queries against the Daylife API to no more than 5000 requests in any 24 hour period.
  4. You will remove from your application within 24 hours any content acquired via the Daylife API that the rightful owner of the content asks you to remove.
  5. You will disclose in your application, through a privacy policy or otherwise displayed in the footer of each page, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

B. You shall not:

  1. Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use Daylife API.
  2. Cache or store any content obtained via use of the Daylife API other than for reasonable periods.
  3. Use Daylife API for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
  4. Use Daylife API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
  5. Use Daylife API in a manner that adversely impacts the stability of Daylife.com servers or adversely impacts the behavior of other applications using the Daylife API.
  6. Sell, lease, sublicense, lend, redistribute, or proxy to a third party the Daylife API or access thereto or derive revenues from the use or provision of Daylife API, whether for direct commercial or monetary gain or otherwise, except as set forth below.

2. Attribution.

  1. You shall not use "Daylife" in the URL of your application (e.g., daylife.mydomain.com, or www.mydomain.com/daylife/content.phtml).

  2. You shall place the following notice prominently on your application: "This product uses the Daylife API but is not endorsed or certified by Daylife."

  3. On every page that makes use of the Daylife API, you MUST display a logo crediting Daylife, following the guidelines available at http://developer.daylife.com/page/branding.

  4. You may not otherwise use the Daylife logo without specific written permission from Daylife.

  5. Any use of the Daylife logo in your application shall be less prominent than the logo or mark that primarily describes the application. Your use of the Daylife logo shall not imply any endorsement by Daylife.

3. Ownership and Relationship of Parties.

The Daylife 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. Daylife's rights apply to the Daylife API and all output and executables of the Daylife API, excluding any software components developed by you which do not themselves incorporate the Daylife API or any output or executables of the Daylife API. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. Daylife owns all rights, title, and interest in and to the Daylife API. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Daylife, including (but not limited to) the Daylife API and Daylife trademarks.

4. Support.

Daylife may elect to provide you with support or modifications for the Daylife API (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Daylife may change, suspend, or discontinue any aspect of the Daylife API at any time, including the availability of the Daylife API. Daylife may also impose limits on certain features and services or restrict your access to parts or all of the Daylife API without notice or liability.

5. Fees and Payments.

Daylife is committed to providing free access to our API, under the terms and limitations enumerated above. However, providing the API does have real costs for Daylife, and Daylife reserves the right to charge fees for future use of or access to the Daylife API, to change the format or content of the data returned via the API, and to change these terms at any time, without notice or liability.

6. Disclaimer of Any Warranty.

SOME OF THE DAYLIFE API MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. DAYLIFE DOES NOT REPRESENT OR WARRANT THAT ANY DAYLIFE API IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

THE DAYLIFE API IS PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND DAYLIFE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.YOUR USE OF DAYLIFE API IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE DAYLIFE API INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

7. Limitation of Liability.

DAYLIFE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE DAYLIFE API, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT DAYLIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL DAYLIFE BE LIABLE TO YOU FOR ANY AMOUNT.

8. Exclusions and Limitations.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.

9. Release and Waiver.

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Daylife, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of Daylife API. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

10. Hold Harmless and Indemnity.

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Daylife and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of Daylife API, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Daylife shall use good faith efforts to provide you with written notice of such claim, suit or action.

11. General Terms.

  1. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and Daylife shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Daylife, express or implied, and you shall not attempt to bind Daylife to any contract.

  2. Invalidity of Specific Terms. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.

  3. Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between you and Daylife shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Daylife agree to submit to the personal jurisdiction of the courts located within the county of New York, New York.

  4. No Waiver of Rights by Daylife. Daylife's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

  5. Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between Daylife and you with respect to the subject matter hereof.