Klout API Terms of Services

Introduction

Please take the time to read all the legal language that regulates use of the Klout API. We utilize lots API’s in building Klout and love the idea of people building on ours. We want to help and will work closely with you but please, just keep these things in mind:

1. Do not use Klout data to target any person with spam or harass any person through unsolicited contact through any communication medium.
   
2. Klout operates in a highly dynamic industry. We cannot anticipate what new technologies or developments will change “the rules of the game.” We only know that change occurs, and that it occurs quickly on the Internet. So, we do expect to periodically, perhaps even regularly, change these Terms of Use.
   
3. We are constantly evolving and, hopefully, improving Klout.com. It is possible that Klout’s current or future product road map may overlap with products or features that a developer has already built. This overlap of features occurs in most API communities.
   
4. You will be assigned a unique Klout API Key which must be kept confidential – only one API Key per person or company.
   
5. You may present Klout Data only on a transactional basis. You will not permit your users to access Klout Data in bulk.
   
6. Klout data is dynamic and showing out of date scores and data is not a good representation of your product or our product. You may only retain copies of Klout Data for seven days on your server, cache or database.
   
7. You may not present the Klout Data (or permit Klout Data to be presented) so that it appears to be available from a third party Web site.
   
8. You further agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Klout API or any data provided by Klout.
   
9. You may not use the Klout APIs 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 Klout API documentation located within http://api.klout.com/, as determined by Klout in its sole discretion.
   
10. You may not use the Klout APIs 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, or in any manner inconsistent with Klout.com’s Terms of Use, Privacy Policy or these Terms of Use.

Thank you for being part of Klout. If you have any questions, contact us at partners@klout.com. We welcome you and look forward to working with you.

API Terms of Use

The Terms apply to your use of www.klout.com, including any successor sites, (the “Website”) and any and all data, text, software, documents and other materials on the Website (“Content”) associated with the application programming interface offered through the Website (currently available at api.klout.com) (the “API”). By registering as a developer, you or the entity or company that you represent (“Developer” or “You”) are unconditionally agreeing to be bound by the following terms and conditions, including those available by hyperlink from within this document, and are becoming a party to this API Terms of Use Agreement (collectively, the “Terms”). Your continued use of the API shall also constitute assent to the Terms. If the terms set out herein are considered an offer, acceptance is expressly limited to these terms.

1. API Licensed Uses and Restrictions. Subject to full compliance with the Terms, Klout Inc. (“Klout”) hereby grants You a limited, personal, non-sublicenseable, non-transferable, nonexclusive, revocable license to access and use the API solely as necessary to create and run websites and applications (collectively, “Applications”) that meet all the requirements and conditions set forth in the Terms.
   

   You shall:
   

   
   
   • Comply with the Website’s Terms of Use, Privacy Policy the terms of which are hereby incorporated by this reference, and other Klout policies as incorporated in such agreements and policies by reference, as those agreements and policies may be changed from time to time. In the event of a conflict between the terms and conditions of this API Terms of Use Agreement and any of the other agreements or policies incorporated herein, the terms and conditions of such agreements or policies, as applicable shall govern but only to the extent of the conflict.
     
   • Guarantee that Your use of the API is, as in the sole discretion of Klout.
     
   • Use commercially reasonable efforts to provide a terms of service and privacy policy in a visible location on your Application.
     
   • Be solely responsible for all aspects of Your Application and any content appearing therein, and for providing all customer support to end-users relating to Your Application.
     
   • Be truthful and honest about the Application to Klout and Your users.

   You shall not:
   

   
   
   • Attempt to circumvent any security measures or technical limitations of the API.
     
   • Cache or store any Klout Content for longer than 7 days.
     
   • Use the 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 to personality or to engage in activities that would violate any fiduciary relationship, any applicable local, state, national, or international law, or any regulations having the force of law (including but not limited to exportation laws).
     
   • Use the API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage.
     
   • Sell, lease, or sublicense the API or access thereto.
     
   • Modify, decompile, extend, subset or superset the API or otherwise alter the API to any extent.
     
   • Use the API in a way that harms the interests of Klout, the Website, any of its affiliates, the API or its program, or other users of the Website.
     
   • Forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Website.
     
   • Create an Application that may be used to violate Klout’s Terms of Service or other site policy.
     
   • Disparage Klout or knowingly tarnish the name reputation, image or goodwill of Klout in connection with Your Application or participation in the API program.

   
   ALL RIGHTS NOT EXPRESSLY GRANTED IN THE TERMS ARE HEREBY RESERVED BY Klout AND ITS LICENSORS.

2. Attribution
   

   To comply with the Klout API Terms of Use, you must display attribution on your web site or client application if Klout API content or data are served from your website or client application. Please adhere to the following usage guidelines:

   The Klout APIs are a free service, in return for allowing you to access we require that you adhere to our attribution requirements, as follows:
   

   
   
   1. Klout Logo
      

      All input and output elements must be accompanied by an approved Klout Logo that links directly to Klout.com. Logos cannot be resized or edited in any fashion. If Klout Data is used in alternative media formats, equivalent attribution must be given to Klout. Prior written consent from Klout is required to use Klout Data without attribution.

      Here are the logos you can use to adhere to our attribution requirements:

      • Klout Logo (100×47)
        

        
        
        

        Here’s the HTML code:

        
        

        
        

        
        						<a href="http://klout.com" target="_top" title="Klout Powered">
        						<img src="http://klout.com/images/powered-by-klout-white.gif" 
        						alt="Klout Powered" border="0" /></a>
        					

      • Klout Logo (100×34)
        

        
        
        

        Here’s the HTML code:

        
        

        
        

        
        						<a href="http://klout.com" target="_top" title="Klout Powered">
        						<img src="http://klout.com/images/klout-powered-by-white.png" 
        						alt="Klout Powered" border="0" /></a>
        					

   2. Linking
      

      When using the Klout API, you must provide at least one link to Klout.com using the standard linking format on your site, with the appropriate link(s):
      
      
      (Replace “screen_name” with the Twitter screen name)

      1. Summary page: http://klout.com/profile/summary/screen_name/
         
      2. Stats page: http://klout.com/profile/stats/screen_name/
         
      3. Content page: http://klout.com/profile/content/screen_name/

3. Registration Data
   

   In consideration of Your use of the API, You agree to:
   

   
   
   • Provide accurate, current, and complete information about You as may be requested by Klout during registration and ongoing participation in Klout’s API program (the “Registration Data”), and update and keep all such information accurate, current and complete at all times.
     
   • Maintain the security of Your password and identification, as you are responsible for any consequences of any failure to do so.
     
   • Evaluate and bear all risks associated with Your use of the API, any Content or services, including any reliance on the accuracy, completeness, or usefulness of the Content and the risks of unauthorized access.
     
   • Take all appropriate virus precautions, and warrant that Your networks, operating systems and software are properly configured to Internet industry standards, including but not limited to security standards.
     
   • Immediately report any security deficiencies You discover to Klout by emailing partners@klout.com.

   
   You have sole responsibility for adequate protection and backup of data and/or equipment used by You in connection with the API and/or the Website. The interactivity and Web services features of the Website are intended for use by the person who has authenticated their identity and lawfully received an API Key from Klout to the Website from Klout and/or its affiliates (“Registered Users”). By using the API and/or the Website in any manner, You represent that You are a Registered User. You further consent and authorize Klout and/or its affiliates to verify Your Registration Data.

4. Acceptable Use
   

   You agree not to use the Klout API, Klout Data, or Klout Brand & Links in any way that is unlawful, or harms Klout, its service providers, its suppliers, your end users, or any other person. Further, pursuant to Section 10 below, Klout may terminate your use of the Klout API, Klout Data and Klout Brand & Links if and when Klout determines that your use is inappropriate.

5. Limited Relationship
   

   You and Klout are independent contractors, and nothing in these API 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 Klout API, you agree not make any other public statements that assert or imply any other relationship with Klout, unless you have Klout ’s prior written approval. Neither the name of Klout nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of Klout.

6. Indemnity
   

   You agree to hold harmless and indemnify Klout, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users’ use of the Klout API or Klout Data, use of Klout Brand & Links other than as set forth in the Klout API Branding Requirements, violation of these API Terms of Use or other actions connected with use of Klout services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Klout will provide you with written notice of such claim, suit or action.

7. NO WARRANTY
   

   KLOUT PROVIDES THE KLOUT API, KLOUT DATA, AND KLOUT BRAND & LINKS “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KLOUT AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. KLOUT AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND © WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

8. LIABILITY LIMITATION; EXCLUSIVE REMEDY
   

   IN NO EVENT WILL KLOUT OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE API TERMS OF USE OR YOUR USE OF KLOUT API, KLOUT DATA, OR KLOUT BRAND & LINKS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, © NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE API TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST KLOUT OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE KLOUT API, KLOUT DATA, AND KLOUT BRAND & LINKS.

9. Intellectual Property
   

   The Klout API, Klout Data, and Klout Brand & Links are the property of Klout, and subject to the intellectual property rights of Klout and its licensors. © 2009 Klout, Inc. All rights reserved.

10. Changes
    

    Klout reserves the right to change the API Terms of Use, and you are responsible for regularly reviewing these API Terms of Use. Your continued use of the Klout API and/or Klout Data after the effective date of such changes will constitute acceptance of and agreement to any such changes. Klout may suspend or discontinue the Services at any time to you and/or to others, without notice.

11. Fees and Payments
    

    Klout reserves the right to charge fees for future use of or access to the Klout APIs or the Klout services and Web sites (collectively, “Klout APIs Services”) in Klout’s sole discretion. If Klout decides to charge for the Klout APIs Services, such charges will be disclosed to you prior.

12. Termination
    

    Klout may change, suspend or discontinue the Klout API and suspend or terminate your use of the Klout API, Klout Data, and/or Klout Brand & Links at any time for any reason, without notice. You may also terminate by ceasing to use the Klout API, Klout Data, and Klout Brand & Links, removing implementation of the Klout API from your Web site(s), Application(s) and deleting all copies of the Klout Data and Klout Brand & Links.

13. Choice of Law; Disputes
    

    These API Terms of Use are governed by the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in San Francisco County, California, for any and all disputes, claims and actions arising from or in connection with the Services and/or these API Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.

14. General
    

    You represent that you have the authority to bind the organization (if any) identified in your application for the Klout API. You agree not to export from anywhere any part of the Klout API, Klout Data, or Klout Brand & Links provided to you or any direct 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 Klout API, Klout Data, or Klout Brand & Links are provided with the commercial license rights described herein. If any part of these API Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these API Terms of Use will continue in effect. The section titles in these API Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Klout may assign these API Terms of Use, in whole or in part, at any time with or without notice to you. You may not transfer, assign, or delegate the API Terms of Use and your APIKEY to any third party. Klout ’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these API Terms of Use constitute the entire agreement between you and Klout with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Klout with respect to the Klout API, Klout Data, or Klout Brand & Links.