API Terms of Use

Thank you for using the Storenvy application programming interfaces (the "Storenvy APIs"). By using the Storenvy APIs, you agree to the terms below. If you disagree with any of these terms, Storenvy does not grant you a license to use the Storenvy APIs. We reserve 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 here https://developers.storenvy.com/terms.

Your license to the Storenvy APIs 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 Storenvy APIs. Storenvy may terminate the license at any time for any reason. Your rights to use the Storenvy APIs terminate automatically if (i) you violate any of these terms, (ii) Storenvy publicly posts a written notice of termination on Storenvy.com, (iii) Storenvy sends a written notice of termination to you, or (iv) Storenvy disables access to the Storenvy APIs to you.

1. Licensed Uses and Restrictions.

The Storenvy APIs are owned by Storenvy. (hereinafter "Storenvy") 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 Storenvy APIs, all updates, revisions, substitutions, and any copies of the Storenvy APIs made by or for you. Storenvy user data is owned by the users (the merchants) and not by Storenvy. All rights not expressly granted to you are reserved by Storenvy.

1. You shall:

   • Comply with the Storenvy Terms of Use at https://developers.storenvy.com/terms.
   • Comply with any requirements or restrictions imposed on usage of the trademarks and data by their respective owners. Remember, Storenvy doesn't own the images - Storenvy users do. Although the Storenvy APIs can be used to provide you with access to Storenvy user data, neither Storenvy's provision of the Storenvy APIs to you nor your use of the Storenvy APIs override the data owners' requirements and restrictions, which may include "all rights reserved" notices, Creative Commons licenses or other terms and conditions that may be agreed upon between you and the owners. In ALL cases, you are solely responsible for making use of Storenvy data in compliance with the data owners' requirements or restrictions.
   • Comply with any other terms and conditions a user has attached to his or her data. For example, if a user marks a product as "private" after using your service, your application must reflect those changes as soon as reasonably possible. If your application has any cached data that has become "private", you must remove as soon as reasonably possible.
   • Remove from your application within 24 hours any Storenvy user' data that the owner of the account asks you to remove.
   • 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.

2. You shall not:

   • Use Storenvy APIs for any application that replicates or attempts to replace the essential user experience of Storenvy.com
   • Use the Storenvy API to spam, or otherwise harass users with unwanted likes, comments or other actions.
   • Use the Storenvy API to post automated content to Storenvy, including likes and comments that were not initiated and entered by an Storenvy user.
   • Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use Storenvy APIs.
   • Make an excessive number of API calls in your application or use an unreasonable amount of bandwidth.
   • Cache or store any Storenvy user data other than for reasonable periods in order to provide the service you are providing to Storenvy users.
   • Use Storenvy APIs for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
   • Use Storenvy 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.
   • Use Storenvy as a generic image hosting service for banner advertisements, graphics, etc.
   • Use Storenvy APIs in a manner that adversely impacts the stability of Storenvy.com servers or adversely impacts the behavior of other applications using the Storenvy APIs. Further, we reserve the right to rate limit or block applications that make a large number of calls to the API that are not primarily in response to direct user actions.
   • Sell, lease, or sublicense Storenvy APIs or access thereto or derive revenues from the use or provision of Storenvy APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.

2. Attribution.

You shall not use "Storenvy" in the hostname of your application, i.e. Storenvy.mydomain.com

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

You may not use the Storenvy logo without specific written permission from Storenvy.

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

3. Ownership and Relationship of Parties.

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

4. Support.

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

5. Fees and Payments.

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

6. Disclaimer of Any Warranty.

Some of the Storenvy apis may be experimental and not tested in any manner. Storenvy does not represent or warrant that any Storenvy apis are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid.

The Storenvy apis are provided "as is" with no warranty, express or implied, of any kind and Storenvy 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 Storenvy apis is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any Storenvy apis including, but not limited to, any damage to your computer system or loss of data.

7. Limitation of Liability.

Storenvy 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 Storenvy 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 Storenvy has been advised of the possibility of such damages. under no circumstances shall Storenvy 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 7 and 8 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 Storenvy, 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 Storenvy APIs. 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 Storenvy 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 Storenvy APIs, 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. Storenvy shall use good faith efforts to provide you with written notice of such claim, suit or action.

11. General Terms.

Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and Storenvy 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 Storenvy, express or implied, and you shall not attempt to bind Storenvy to any contract.

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.

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

No Waiver of Rights by Storenvy. Storenvy'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.

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 Storenvy and you with respect to the subject matter hereof.

Storenvy API Trademark and Brand Guidelines

• You are not allowed to use the word "Storenvy", "SE", "Envy" or any variation in your product name, domain name, or images.
• You are not allowed to use the Storenvy icon or logo unless specifically allowed in the developer documentation
• If you do incorporate Storenvy's logos, you must include the following statement clearly on your website: "This [application/website] uses the Storenvy(tm) API and is not endorsed or certified by Storenvy or Burbn, inc. All Storenvy(tm) logoes and trademarks displayed on this [application/website] are proprty of Burbn, inc."

Note that we reserve the right to reject any use of these terms in connection with the use of the Storenvy API.