QYPE API TERMS OF USE

Thank you for using the Qype GmbH ("Qype") application programming interface ("Qype API"). The Qype API will allow you ("You") to access and receive valuable local information from Qype and present it on pages of your website, mobile applications, widgets or other electronic media. These terms of use (the "API Terms of Use") explain the basis upon which transactions will take place between Qype and You via the Qype API, the uses that You may make of the data supplied by Qype via the Qype API, and your obligations and responsibilities in connection therewith.

By using the Qype API, You accept and agree to be bound by the following terms, conditions and policies (collectively, the "Agreements"): (i) these API Terms of Use and (ii) Qype's general user terms of service (the "Conditions of use") including any future amendments to any of the foregoing. Qype may, in its sole discretion and at any time, modify or revise any of the Agreements. You should visit http://www.qype.com (the "Qype Site") periodically to review the Agreements and check for updates. Your continued use of the Qype API after the effective date of any such changes will constitute your acceptance of and agreement to any such changes.

The purpose of the API and these API Terms of Use is to allow You to develop new and imaginative ways of using Qype content. Qype reserves the right to continually review and evaluate all uses of the API, including those uses that appear more competitive than complementary in nature.

Qype has created two different types of Accounts, designed for either Standard or Pro usage of the API:

Standard API Account:

  • Non-commercial usage.
  • Limited to 200 server requests per day.
  • Free to use.

Pro API Account:

  • Non-commercial usage.
  • Unlimited server requests.
  • Free or paying access upon discussion.

1. Registration with Qype

In order to access or utilise the Qype API, You must first register with the Qype Site in order to receive a valid API key ("Qype API Key"). All queries sent to the Qype API requesting data must reference your valid Qype API Key. You agree to keep your Qype API Key confidential and not to share it with any third party.

2. Use of the Qype API

Subject to your full compliance with all of the Agreements, Qype hereby grants to You a non-exclusive, revocable, non-sublicensable, non-transferable license (i) to download and use the Qype API, and any other materials provided by Qype, in order to interface with Qype's servers for the purpose of accessing and receiving data from Qype ("Qype Content"); (ii) to display such Qype Content on pages of your website, mobile applications, widgets and/or other electronic media; and (iii) to reproduce and display the Qype name and logo (the "Qype Brand Features") solely in connection with the branding requirements of Paragraph 4 of these API Terms of Use. These license rights are expressly limited by and subject to the further terms and restrictions set forth in the "API Concepts" section of the "Qype For Developers" website, including restrictions on the maximum number of API requests that You may make per day.

You may not use the Qype API, the Qype Brand Features or any Qype Content for any other purpose not expressly and unambiguously authorised by these API Terms of Use, without Qype 's prior written consent. All rights not expressly granted to You under these API Terms of Use are reserved by Qype.

3. Your obligations

By using the Qype API, You expressly agree:

  • to update from time to time (and at least once every seven day period) all information/data/file you get from Qype through the Qype API (“the Qype Content”). In the case where you would cache Qype Content on your servers caching is tolerated but strictly limited to a single continuous seven day period.
  • to mark up the Qype Content with reference to its roots, i.e. to add the name “Qype”, the Qype logo or a visual design approved by Qype (e.g. the Qype icon) and the name of the Qype member who posted the content.
  • to link this Qype Content with its original source on the Qype website.
  • to update this link if the API link is updated.
  • to never change this link without the prior agreement of Qype.

Qype reserves the right to impose on You a limitation on the number of characters which should be displayed for Qype Content (especially user reviews). In such cases, You agree to add a "(...more)" link taking the user to the Qype Content's original source on the Qype website.

4. Restrictions on Use

Except as expressly and unambiguously authorised under these API Terms of Use, You may not, without Qype's prior written consent:

  • copy, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer or de-compile (except to the limited extent expressly authorised under applicable statutory law), modify or alter any part of the Qype API; use the Qype API on behalf of any third party; attempt or provide a means to execute any "bulk download" operations; store any Qype Content; and/or modify any Qype Content;
  • use the Qype API or any Qype Content in connection with or to promote any products, services or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware and/or other malicious programs or code; counterfeit goods; unsolicited mass distributions of e-mail ("spam"), actions intended to mislead search engines into ranking some pages higher than they would otherwise deserve ("web spam") multilevel marketing proposals, direct marketing and/or telemarketing activities; hate materials; libellous, defamatory, obscene, pornographic, abusive or otherwise offensive content; prostitution, body parts and/or bodily fluids; stolen products and/or items used for theft; hacking/surveillance/interception/descrambling equipment; fireworks, explosives and/or other hazardous materials; gambling; and/or non-transferable items such as airline tickets, event tickets, weapons and/or weapons accessories;
  • use the Qype API or any Qype Content in any manner or for any purpose that violates any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which is otherwise harmful to the Qype Site, its providers, its suppliers or any end user (including users of the Qype Site and/or your own website);
  • use the Qype API in a manner that adversely impacts the stability of Qype's servers or adversely impacts the behaviour of other applications using the Qype API; and/or
  • use the Qype API or any Qype Content in a manner that is directly competitive in nature with the Qype Site.

5. Branding Requirements

You agree that, in accordance and strict conformity with the Qype Logo and Branding Guidelines, You will display the Qype Brand Features, together with text-based hyperlinks to the Qype Site, on any and all pages of your website, mobile applications, widgets and/or other electronic media incorporating, utilising or displaying (as applicable) the Qype API and/or any Qype Content.

All hyperlinks to the Qype Site must connect users directly to the Qype Site. You may not minimize, remove or otherwise inhibit the full and complete display of the Qype Site accessed by clicking on such hyperlinks. You may not cause the Qype Site to be displayed in any pop-up, pop-under, exit windows, expanding buttons or animated windows or to be framed in any way; provided that You shall be allowed to spawn a new, full-sized browser window when a user clicks on the hyperlink to the Qype Site and to display the Qype Site in such window.

6. Proprietary Rights

As between Qype and You, the Qype API, the Qype Brand Features and any and all Qype Content (subject to the Qype Terms of Service), and all intellectual property rights contained in any of the foregoing, are and shall at all times remain the sole and exclusive property of Qype and are protected by applicable intellectual property laws and treaties.

7. Termination

Qype reserves the right, in its sole discretion (for any reason or for no reason) and at any time without notice to You, to change, suspend or discontinue the Qype API and/or suspend or terminate your rights under these API Terms of Use to access, use and/or display (as applicable) the Qype API, Qype Brand Features and/or any Qype Content. Any termination of these API Terms of Use shall also immediately terminate the licenses granted to You hereunder. Upon any termination of these API Terms of Use, You shall promptly delete and remove all calls to the Qype API from all web pages, scripts, widgets, applications, and other software in your possession or under your control; promptly destroy and remove from all computers, hard drives, networks and other storage media all copies of the Qype API, Qype Brand Features and/or any Qype Content; and You shall promptly certify in writing to Qype that such actions have been taken.

8. Indemnity

You agree that your use of the Qype API is at your own risk and You agree to hold harmless and indemnify Qype and its subsidiaries, affiliates, officers, agents, employees and suppliers from and against any and all claims, damages, liabilities, costs and fees (including reasonable legal fees) arising from, or in any related to your or your users' use of the Qype API or any Qype Content displayed on your website.

9. No Warranties; No Support

THE QYPE API, QYPE BRAND FEATURES AND QYPE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, QYPE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE QYPE API, QYPE BRAND FEATURES AND ANY QYPE CONTENT, 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 AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, QYPE DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE QYPE API WILL BE UNINTERRUPTED OR ERROR FREE. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THESE API TERMS OF USE DO NOT ENTITLE YOU TO ANY SUPPORT FOR THE QYPE API.

10. Limitation of Liability

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT SHALL QYPE OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE QYPE API, EVEN IF QYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. ANY CLAIM ARISING OUT OF OR RELATING TO THESE API TERMS OF USE MUST BE BROUGHT WITHIN (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM.

11. Legal

The laws of the Federal Republic of Germany apply to all disputes which result in the context of the use of the Qype service, including legal rights and obligations, the effectiveness of the contract and claims of tort.

The legal domicile for all aforementioned disputes is Hamburg. If the residential location or business location of the contractual partner of Qype is situated outside the European Union, then all aforementioned disputes will be definitively decided according to the arbitration code of the Hamburg chamber of commerce under exclusion of the due legal process.

12. Limited Relationship

Qype and You are, and shall remain, independent contractors, and nothing in these API Terms of Use shall be construed as creating an employer-employee relationship, partnership or joint venture. Although You are permitted to publicise your use of the Qype API, You agree not to make any other statements, without the prior written consent of Qype, implying a different kind of relationship between You and Qype including any implied endorsement of your content, products, or services by Qype. You do not have any authority of any kind to bind Qype in any respect whatsoever.

13. Authority

If you are using or intending to use the Qype API on behalf of an employer or other principal, you hereby represent and warrant that you are authorised to enter into this Agreement on your principal's behalf and that this Agreement is fully binding upon such principal.

14. Contact and Violations

Please contact Qype with any questions regarding these API Terms of Use. Please report any violations of these API Terms of Use to legal@qype.com.