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Zooomr Services Terms of Use

Last Updated: July 2nd, 2008


Welcome to Zooomr Services, our open developer network for accessing the power of Zooomr from external applications.


The Zooomr Services and network (collectively, "Zooomr", "Zooomr Services" or the "Zooomr APIs") are operated by Zooomr Inc. and its corporate affiliates (collectively, "us", "we", "Zooomr" or "the Company"). By accessing or using Zooomr Services you (the "Developer") signify that you have read, understand and agree to be bound by these Zooomr Services Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Zooomr. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Zooomr APIs or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Zooomr APIs or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.


1. Proprietary Rights & Limited License

The Zooomr APIs are owned by Zooomr and its parent company BlueBridge Inc. (hereinafter "Zooomr") and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These terms define legal use of the Zooomr APIs, all updates, revisions, substitutions, versions and any copies of the Zooomr APIs made by or for you. Zooomr user photos are owned by the users (the photographers) and not by Zooomr. All rights not expressly granted to you are reserved by Zooomr.


a. You shall:

  1. Comply with the Zooomr Terms of Use at http://www.zooomr.com/about/tos/.
  2. Comply with any other terms and conditions a user has attached to his or her photo. For example, if a user marks a photo as "private" after using your service, your application must reflect those changes as soon as reasonably possible. If your application has any cached copies of photos that have become "private," you must remove them within One (1) Week.
  3. 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.
  4. Remove from your application within 24 hours any Zooomr User's photos or other information that the owner of the photo asks you to remove.
  5. Comply with any requirements or restrictions imposed on usage of the photos by their respective owners. Take note that Zooomr does not own the images -- Zooomr users do. Although the Zooomr APIs can be used to provide you with access to Zooomr user photos, neither Zooomr's provision of the Zooomr APIs to you nor your use of the Zooomr APIs may override the photo owners' requirements and restrictions, which may include "all rights reserved" notices (attached to each photo by default when uploaded to Zooomr), Creative Commons licenses or other terms and/or conditions that may be agreed upon between you and the owners. In ALL cases, you are solely responsible for making use of Zooomr photos in compliance with the photo owners' requirements or restrictions. If you use Zooomr photos for any commercial purpose, the photos must be marked with a Creative Commons license that allows for such use, unless otherwise agreed upon between you and the owner.
  6. If you use the Authentication APIs, insert a standard header that we will provide into pages you build that access the Zooomr API. It's important to us that users have a simple-to-understand way to return to Zooomr if they wish, and have some reference point (the logo) to show them that they're still connected to the Zooomrverse.

b. You shall not:

  1. Use Zooomr APIs for any application that replicates or attempts to replace the essential user experience of Zooomr.com.
  2. Attempt to cloak, conceal or hide your identity or your application's identity when requesting authorization to use Zooomr APIs.
  3. Cache or store any Zooomr user photos other than for reasonable periods in order to provide the service you are providing to Zooomr users.
  4. Use Zooomr APIs for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs, code or software.
  5. Use Zooomr 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.
  6. Display more than 45 Zooomr user photos per page in your application or use an unreasonable amount of bandwidth.
  7. Use Zooomr as a generic image hosting service for banner advertisements, graphics, etc.
  8. Use Zooomr APIs in a manner that adversely impacts the stability and reliability of Zooomr.com servers or adversely impacts the behavior of other applications using the Zooomr APIs.
  9. Sell, lease, or sublicense Zooomr APIs or access thereto or derive revenues from the use or provision of Zooomr APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.

2. Commercial Use

a. Rules and Restrictions

If the primary purpose of your application is to derive revenue (i.e, to make a profit), it is considered a commercial application. Zooomr reserves the right to make these evaluations at the time that you apply for the license. Zooomr may also monitor your site or application over time to ensure continued compliance with the appropriate type of API usage scheme.


If you are in doubt about your application's commercial validity, here are a few common examples of commercial use that may provide you some guidance:


  1. Your site is a "destination" site that uses Zooomr photos to drive traffic and generate ad revenue.
  2. You sell services to Zooomr users and use the APIs to bring users' Zooomr content into your service, site or system.
  3. Users are charged a fee for your product or service which includes some sort of integration using the Zooomr APIs.

b. Registration for a Commercial API Key

If you would like to apply for a commercial API key, please go to the following form to see what information you need to provide: http://www.zooomr.com/services/api/keys/apply/. Please be sure to provide us with enough information to make a decision about your application. Lack of specificity or supporting information could delay your application indefinitely (or perhaps even cause us to over think and forget to answer!) When in absolute doubt, it's always better to include more detail about your application. Please note that in some cases we may grant your request for a commercial API key subject to your payment of fees, such as to help cover infrastructure costs.


3. Attribution

  1. You shall not use "zooomr" or a red "r" without a preceding "e" in the hostname of your application, i.e. zooomr.example.com
  2. You may not use the Zooomr logo without specific written permission from Zooomr.
  3. You shall place the following notice prominently on your application: "This product uses the Zooomr API but is not endorsed or certified by Zooomr."
  4. Any use of the Zooomr logo in your application shall be less prominent than the logo or mark that primarily describes the application and your use of the Zooomr logo shall not imply any endorsement by Zooomr.

4. Ownership and Relationship of Involved Parties

The Zooomr APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S., Japan and other countries. Zooomr's rights apply to the Zooomr APIs and all output and binary data of the Zooomr APIs, excluding any software components developed by you which do not themselves incorporate the Zooomr APIs or any output or binary data of the Zooomr APIs. 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. Zooomr owns all rights, title, and interest in and to the Zooomr APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Zooomr, including (but not limited to) the Zooomr APIs and Zooomr trademarks.


5. Support

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


6. Fees and Payments

Zooomr is committed to the free and open access to our APIs for commercial and non-commercial purposes. However, providing the APIs do have real costs for Zooomr, for use of the Zooomr APIs over a certain rate or for certain types of commercial applications, Zooomr reserves the right to charge fees for future use of or access to the Zooomr APIs at any time.


7. Disclaimer of Any Warranty

SOME OF THE ZOOOMR APIS MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER WHATSOEVER. ZOOOMR DOES NOT REPRESENT OR WARRANT THAT ANY ZOOOMR APIS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID IN ANY WAY.

THE ZOOOMR APIS ARE PROVIDED ON AN "AS-IS" BASIS WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER AND ZOOOMR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.


YOUR USE OF ZOOOMR APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY ZOOOMR APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.


8. Limitation of Liability

ZOOOMR 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 ZOOOMR APIS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT zooomr HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL ZOOOMR BE LIABLE TO YOU FOR ANY AMOUNT.

9. 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 7 AND 8 MAY NOT APPLY TO YOU.


10. Release and Waiver

By accessing or using the Site and/or the Zooomr APIs, you agree that the laws of the Tōkyō Prefecture, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the courts of Shibuya-ku, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of Shibuya-ku, Tōkyō, Japan.


11. Hold Harmless and Indemnity

You agree to indemnify and hold Zooomr, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Zipline Service), your use of the Zooomr APIs or the Site, your conduct in connection with the Zooomr APIs or the Site or with other users of the Zooomr APIs or the Site, or any violation of this Agreement or of any law or the rights of any third party.


12. General Terms

  1. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Zooomr Services Terms of Use, you and Zooomr 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 Zooomr, express or implied, and you shall not attempt to bind Zooomr 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 Zooomr shall be governed by the laws of the Tōkyō Prefecture without regard to its conflict of law provisions. You and Zooomr agree to submit to the personal jurisdiction of the courts located within the boundaries of Shibuya-ku, Tōkyō, Japan.
  4. No Waiver of Rights by Zooomr. Zooomr'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 Zooomr and you with respect to the subject matter hereof.

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