APIs License Terms of ServiceAs of March 6, 2020
By accessing or using any Application Programming Interface (“API(s)”) provided by Race Roster, you agree to this Race Roster API License and Terms of Service (the “API TOS”) with Race Roster (legally known as Race Roster North America Corporation) and its affiliates (collectively, “we”, “our”, “us” or “Race Roster”). In the event of any conflict or inconsistency between the API Terms and the Race Roster Terms of Service for Organizers (the “Organizer Terms”), the API Terms will govern to the extent necessary to resolve any such conflict or inconsistency. Collectively, we refer to the terms below, any additional terms exclusive of the Organizer Terms, terms within API documentation provided by Race Roster and/or published here and any applicable policies and guidelines as the “API Terms“. If you use the APIs as an interface to, or in conjunction with other Race Roster products or services, then the terms for those other products or services also apply.
SECTION 1: ACCOUNT AND REGISTRATION
A. ACCEPTING THE TERMS
You may not use the APIs and may not accept the API Terms if (a) you are not of legal age to form a binding contract with Race Roster in your applicable jurisdiction, or (b) you are a person barred from using or receiving the APIs under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the APIs.
B. ENTITY LEVEL ACCEPTANCE
If you are using the APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the API Terms and by accepting the API Terms, you are doing so on behalf of that entity (and all references to “you” in the Terms refer to that entity).
In order to access certain APIs, you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. Any registration information you give to Race Roster will always be accurate and up to date and you’ll inform us promptly of any updates.
SECTION 2: USING OUR APIS
A. YOUR END USERS
You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, or the API Terms.
B. COMPLIANCE WITH LAW, THIRD PARTY RIGHTS, AND OTHER RACE ROSTER TERMS OF SERVICE
You will comply with all applicable laws, regulations, and third-party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the APIs to encourage or promote illegal activity or violation of third-party rights. You will not violate any other terms of service with Race Roster (or its affiliates).
C. PERMITTED ACCESS
You will only access (or attempt to access) an API by the means described in the documentation of that API. If Race Roster assigns you developer credentials (e.g. client IDs), you must use them with the applicable APIs. You will not misrepresent or mask either your identity or your API Client’s identity when using the APIs or developer accounts.
D. API LIMITATIONS
Race Roster sets and enforces limits on your use of the APIs (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API. If you would like to use any API beyond these limits, you must obtain Race Roster’s express consent (and Race Roster may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact the relevant Race Roster API team for information.
E. OPEN SOURCE SOFTWARE
Some of the software required by or included in our APIs may be offered under an open source license. Open source software licenses constitute separate written agreements. For certain APIs, open source software is listed in the documentation available at: https://racerosterv1.docs.apiary.io/#. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with Race Roster for the applicable open source software.
F. COMMUNICATION WITH RACE ROSTER
We may send you certain communications in connection with your use of the APIs. Please review the applicable API documentation (unless otherwise specified, documentation is available here: https://racerosterv1.docs.apiary.io/#) for information about opting out of certain types of communication.
If you provide feedback or suggestions about our APIs, then we (and those we allow) may use such information without obligation to you.
The API usage is non-exclusive, and nothing in the API Terms shall create any continuing obligation for company to continue to offer the APIs to API Clients. You acknowledge that Race Roster may develop products or services that may compete with the API Clients or any other products or services.
SECTION 3: YOUR API CLIENTS
A. API CLIENTS AND MONITORING
The APIs are designed to help you and your applications interact with Race Roster in real time through computer programs running on your infrastructure and connecting with Race Roster systems (the “API Client(s)“). YOU AGREE THAT RACE ROSTER MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE RACE ROSTER PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE API TERMS. This monitoring may include, but not be limited to, Race Roster accessing and using the API Client to identify security issues that could affect Race Roster or its users or clients. You will not interfere with this monitoring. Race Roster may use any technical means to overcome such interference. Race Roster may suspend access to the APIs by you or your API Client without notice if we reasonably believe that you are in violation of the API Terms.
You will use commercially reasonable efforts to protect user information collected by your API Client, including personally identifiable information (“PII“), from unauthorized access or use and will promptly report to Race Roster and your users any unauthorized access or use of such information to the extent required by applicable law.
The APIs shall remain the sole and exclusive intellectual property of Race Roster and you shall reasonably assist Race Roster in protecting such ownership. No other licenses or rights in any of Race Roster’s intellectual property rights are granted hereunder. For example and without limitation, no rights are granted to use Race Roster or its owners, parents or affiliates’ logos or trademarks; provided however that you may refer to the names of the Race Roster products solely for the purpose of describing your use of the Race Roster products.
D. USER PRIVACY AND API CLIENTS
SECTION 4: PROHIBITIONS AND CONFIDENTIALITY
A. API PROHIBITIONS
When using the APIs, you may not (or allow those acting on your behalf to):
- Sublicense an API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the APIs and offer it for use by third parties.
- Perform an action with the intent of introducing to Race Roster products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
- Defame, abuse, harass, stalk, or threaten others.
- Interfere with or disrupt the APIs or the servers or networks providing the APIs.
- Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
- Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
- Use the APIs for any activities where the use or failure of the APIs could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
- Remove, obscure, or alter any Race Roster terms of service or any links to or notices of those terms.
B. CONFIDENTIAL MATTERS
- Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials. Developer credentials may not be embedded in open source projects.
- Our communications to you and our APIs may contain Race Roster confidential information. Race Roster confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Race Roster’s prior written consent. Race Roster confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose Race Roster confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.
SECTION 5: PRIVACY AND COPYRIGHT PROTECTION
SECTION 6: TERMINATION
You may stop using our APIs at any time with or without notice. Further, if you want to terminate the API Terms, you must provide Race Roster with prior written notice and upon termination, cease your use of the applicable APIs. Race Roster reserves the right to terminate the API Terms with you or discontinue the APIs or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.
B. YOUR OBLIGATIONS POST-TERMINATION
Upon any termination of the API Terms or discontinuation of your access to an API, you will immediately stop using the API, and cease all use of the Race Roster APIs. Race Roster may independently communicate with any account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API.
SECTION 7: LIABILITY FOR OUR APIS
EXCEPT AS EXPRESSLY SET OUT IN THE API TERMS, RACE ROSTER DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE APIS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE APIS, THE SPECIFIC FUNCTIONS OF THE APIS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE APIS “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.
B. LIMITATION OF LIABILITY
WHEN PERMITTED BY LAW, RACE ROSTER WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF RACE ROSTER FOR ANY CLAIM UNDER THE API TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE APIS DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
IN ALL CASES, RACE ROSTER WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Unless prohibited by applicable law, if you are a business, you will defend and indemnify Race Roster, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
- your misuse or your end user’s misuse or your API Client’s misuse of the APIs;
- your violation or your end user’s violation API Client’s violation of the API Terms; or
- any content or data routed into or used with the APIs by you, those acting on your behalf, your end users or your API Client.
SECTION 8: GENERAL PROVISIONS
We may modify the API Terms or any portion to, for example, reflect changes to the law or changes to our APIs. You should look at the API Terms regularly. We’ll post notice of modifications to the API Terms within the documentation of each applicable API and legal section of the Race Roster website. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions for an API or changes made for legal reasons will be effective immediately. If you do not agree to the modified API Terms, you should discontinue your use of the APIs. Your continued use of the APIs constitutes your acceptance of the modified API Terms.
B. GENERAL LEGAL TERMS
We each agree to contract in the English language. The API Terms do not create any third-party beneficiary rights or any agency, partnership, or joint venture. Nothing in the API Terms will limit either party’s ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the API Terms, and Race Roster does not take action right away, this does not mean that Race Roster is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The API Terms are the entire agreement between you and Race Roster relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact Race Roster, please visit our contact page.
C. CHOICE OF LAW AND JURISDICTION; NO CLASS ACTION
These API Terms and access to the Race Roster APIs are governed by and construed in accordance with the laws of the Province of Ontario and the Country of Canada, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these TOS shall be filed only in the courts located in Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding.
YOU AND RACE ROSTER AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR RACE ROSTER WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION OR A COLLECTIVE ACTION. YOU AND RACE ROSTER FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, RACE ROSTER, AND ALL PARTIES TO ANY SUCH PROCEEDING.