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Miso Developers Rules of Use
The Miso platform lets people share what they are watching on TV in a fun and easy way. We want to empower our partners to build fun and interesting experiences on top of the Miso platform. At the same time, we aim to strike a balance between encouraging creative development and protecting both Miso’s and users' rights.
By interacting with the Miso API, including, but not limited to requesting credentials or making API calls, you or the entity or company that you represent (“You”) unconditionally consent and agree to be bound by and a party to these Rules of Use (“Rules”).
The Rules will evolve along with our platform as developers continue to innovate and find new, creative ways to use the Miso API, so please check back periodically to see the most current version. If you are doing something prohibited by the Rules, talk to us about whether we should make a change or give you an exception.
I. ACCESS TO MISO CONTENT
- All use of the Miso API and content, documentation, code, and related materials made available to you on or through Miso (“Miso Content”) are subject to and must comply with these Rules. As a reminder, you and your Service are subject to the Miso Terms of Service.
- You may use the Miso API and Miso Content in connection with the products or services you provide (your "Service") to search, display, analyze, retrieve, view, and submit information to or on Miso. You may use the Miso name or logos and other brand elements that Miso makes available in order to identify the source of Miso Content ("Miso Marks") subject to these Rules.
- Your use of the Miso API and Miso Content are subject to certain limitations on access, calls, and use of the Miso API as set forth on http://gomiso.com/developers or as otherwise provided to you by Miso. If Miso reasonably believes that you have attempted to exceed or circumvent the rate limits, your ability to use the Miso API and Miso Content may be temporarily or permanently blocked. Miso may monitor your use of the Miso API to improve the Miso service and to ensure your compliance with these Rules.
You will not attempt or encourage others to:
- sell, rent, lease, sublicense, redistribute, or syndicate the Miso API or Miso Content to any third party for such party to develop additional products or services without prior written approval from Miso;
- remove or alter any proprietary notices or marks on the Miso API or Miso Content;
- use or access the Miso API for purposes of monitoring the availability, performance, or functionality of any of Miso’s products and services or for any other benchmarking or competitive purposes; or
- use Miso Marks as part of the name of your company or Service, or in any product, service, or logos created by you. You may not use Miso Marks in a manner that creates a sense of endorsement, sponsorship, or false association with Miso. All use of Miso Marks, and all goodwill arising out of such use, will inure to Miso’s benefit.
- use or access the Miso API to aggregate, cache (except as part of a check-in), or store place and other geographic location information contained in Miso Content.
We ask that you and your Service follow four principles:
- Respect Miso Users
- Don't create or distribute spam
- Respect user privacy
- Be a good partner to Miso
Respect Miso Users
- Maintain the integrity of user generated content. Don't edit or revise user-generated content delivered through the API except as necessary due to technical limitations or requirements of any networks, devices, services, or media. Identify the user that authored or provided a checkin unless you are either providing checkins in an aggregate form, or need to make checkins anonymous due to user privacy or security concerns.
Get users' permission before:
- sending checkins or other messages on their behalf. A user authenticating through your application does not constitute consent to send a message.
- modifying their profile information or taking account actions (including following, unfollowing) on their behalf.
- Adding data or other content to a user's checkin. If your application allows users to send checkins or other content to Miso, show the user exactly what will be published.
Your application should not:
- use business names and/or logos in a manner that can mislead, confuse, or deceive users.
- confuse or mislead users about the source or purpose of your application.
- use as its Application Website URL an unrelated URL, a site intended to entice or encourage users to violate our rules, a spam or malware site, or a shortened URL to mask the true destination.
- replicate, frame, or mirror the Miso website or apps or its design.
- impersonate or facilitate impersonation of others in a manner that can mislead, confuse, or deceive users.
- Respect the privacy and sharing settings of Miso Content. Promptly change your treatment of Miso Content (for example, deletions, modifications, notifications, and sharing options) as changes are reported through the Miso API.
Don't Create or Distribute Spam
Do not mass-register applications. This includes:
- creating tokens/applications for the purpose of preventing others from using or selling those names, or other commercial use.
- using feeds of third-party content to update and maintain accounts under the names of those third parties.
- submitting multiple applications with the same function under different names for the purpose of name squatting.
Do not facilitate or encourage the publishing of:
- links to malicious content
- pornographic or obscene images to user profile images and other user-generated images
- Do not mass-register applications. This includes:
Respect User's Privacy
- Clearly disclose what you are doing with information you collect from users.
- Clearly disclose when you are adding location information to a user's checkins, whether as a geotag or annotations data. Be clear about whether you are adding a place or specific coordinates.
- Do not facilitate or encourage the publishing of private or confidential information.
Be a Good Partner to Miso
- Respect the features and functionality embedded with or included in Miso Content or the Miso API. Do not attempt to interfere with, disrupt, or disable any Miso API features.
- If your application causes or induces user accounts to violate the Miso Terms of Service (for example, by posting spam, etc.), it may be suspended or terminated.
- Respect the intellectual property rights of others.
III. MISO FUNCTIONALITY IN YOUR SERVICE
End users must be presented with the option to log into Miso via OAuth protocol. End users without a Miso account should be given the opportunity to create a new Miso account as provided by Miso.
- If you allow end users to create Miso checkins from your own social service or a third party social networking or checkin provider integrated into your Service, you must also display a prominent option to publish those checkins to Miso.
- All URLs referencing content in a checkin or comment should direct users back to the page where that content is displayed, rather than any interstitial or intermediate page. You can require users to sign-in to access that page, but the content cannot otherwise be restricted from being viewed.
- If your service displays content commingled with Miso checkins, you must ensure that Miso checkins reference Miso as the source.
IV. OTHER LEGAL TERMS
You may terminate any license in these Rules at any time by ceasing your access to the Miso API and use of any Miso Content, and deleting all copies of the Miso API and Miso Content as described below. Miso may immediately suspend your access to the Miso API or any Miso Content (or if necessary, terminate this agreement with you) at any time, and without notice to you if you breach any term or condition in this agreement or otherwise engage in activities that Miso reasonably determines are likely to cause liability to Miso. Miso may also terminate any licenses hereunder for any reason with thirty (30) days notice (including by email to the address associated with your account) to you. Miso will not be liable for any costs, expenses, or damages as a result of its termination of this agreement. Upon termination of this agreement, you will promptly cease accessing and using the Miso API and Miso Content and will delete all Miso Content and any information derived therefrom and all copies and portions thereof, in all forms and types of media from your Service. Sections 1(4) and V of these Rules will survive the termination of this agreement.
You may be given access to certain non-public information, software, and specifications relating to the Miso API ("Confidential Information"), which is confidential and proprietary to Miso. You may use this Confidential Information only as necessary in exercising your rights granted in these Rules. You may not disclose any of this Confidential Information to any third party without Miso’s prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.
3.1 Miso. You expressly acknowledge that Miso and its end users retain all worldwide right, title and interest in and to the Miso Content, including all intellectual property rights therein. You also acknowledge that as between you and Miso, Miso owns all right, title and interest in and to the Miso API, Miso Marks, and the Miso service (and any derivative works or enhancements thereof), including but not limited to all intellectual property rights therein. You agree not to do anything inconsistent with such ownership. Any rights not expressly granted herein are withheld. You agree that you will not challenge Miso’s ownership of, the validity of any license to use, or otherwise copy or exploit the Miso Marks during or after the termination of this agreement except as specifically authorized herein. If you acquire any rights in the Miso Marks or any confusingly similar marks, by operation of law or otherwise, you will, at no expense to Miso, immediately assign such rights to Miso.
3.2 You. As between you and Miso, you retain all worldwide right, title and interest in and to your Service, excluding the Miso API, Miso Marks, and the Miso Service (and any derivative works or enhancements thereof), including but not limited to all intellectual property rights therein. You may provide Miso with comments concerning the Miso Content or Miso API or your evaluation and use thereof. You agree that Miso and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense, incorporate, and otherwise use the feedback, including derivative works thereto, for any and all commercial and non-commercial purposes with no obligation of any kind to you.
Miso may update or modify the Miso API Rules, and other terms and conditions, time to time its sole discretion by posting the changes on this site or by otherwise notifying you (such notice may be via email). You acknowledge that these updates and modifications may adversely affect how your Service accesses or communicates with the Miso API. You will have thirty (30) days from such notice to comply with any modifications. If any change is unacceptable to you, your only recourse is to terminate this agreement by ceasing all use of the Miso API and Miso Content. Your continued access or use of the Miso API or any Miso Content following the 30 day period will constitute binding acceptance of the change.
Representations and Warranties; Disclaimer.
5.1 Representations and Warranties. You represent and warrant that:
- 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;
- you will maintain throughout the term of this agreement all rights and licenses that are required with respect to your Service; and
- your Service and its use, distribution, sale and license, including the use of any license hereunder, does and will continue to comply with all applicable foreign, federal, state, and local laws, rules, and regulations.
5.2 Disclaimer. THE MISO CONTENT, MISO API, AND ANY OTHER MISO PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND ON AN "AS- AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. MISO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MISO DOES NOT WARRANT THAT THE MISO CONTENT AND MISO API AND ANY OTHER MISO PRODUCTS AND SERVICES PROVIDED HEREUNDER WILL MEET ALL OF YOUR REQUIREMENTS OR THAT USE OF SUCH MISO CONTENT AND MISO API BE ERROR-FREE UNINTERRUPTED, VIRUS-FREE, OR SECURE.
You will indemnify, defend, and hold Miso, its subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys’ fees) brought by a third party arising out of or in connection with: (a) any act or omission by you, in connection with your use of the Miso Content, the Miso API, or the Miso Marks; (b) your use of the Miso Content, the Miso API, or the Miso Marks other than as expressly allowed by this agreement; (c) your breach or alleged breach of any of the terms, restrictions, obligations or representations under this agreement; or (d) your Service. You will assume control of the defense and settlement of any claim subject to indemnification by you. Miso may, however, at any time elect to take over control of the defense and settlement of any such claim. In any event, you will not settle any such claim without Miso’s prior written consent.
These Rules constitute the entire agreement among the parties with respect to the subject matter and supersedes and merges all prior proposals, understandings and contemporaneous communications. Any modification to the Rules by you must be in a writing signed by both you and Miso. You may not assign any of the rights or obligations granted hereunder, 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 Miso, and any attempted assignment in violation of this paragraph is void. This agreement does not create or imply any partnership, agency or joint venture. This agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. All claims arising out of or relating to this agreement will be brought exclusively in the federal or state courts of San Francisco County, California, USA, and you consent to personal jurisdiction in those courts. No waiver by Miso of any covenant or right under this agreement will be effective unless memorialized in a writing duly authorized by Miso. If any part of this agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of this agreement will remain in full force and effect.