These terms were last updated 22 March 2017
1 ACKNOWLEDGEMENT AND ACCEPTANCE
1.1 The application programmable interfaces service (the "API Service") owned and operated by Weesteer is provided to ("You", "Your" or "the Developer") under the terms and conditions of this Agreement. You confirm that You have the right and authority to enter into this Agreement. You accept and agree to the terms and conditions of this Agreement on Your own behalf and/or on behalf of Your company, institute or organization as its authorized legal representative
1.2 Weesteer reserves the right, at its sole discretion, to change the terms of this Agreement at any time with reasonable advance notice given to the Developer. When these changes are made, Weesteer will make a new copy of the Agreement available on the https://quizngifts.com/tos-api.
1.3 Weesteer grants You a limited license to use the, application programmable interfaces ("APIs"), data, files and other materials provided by Weesteer (“SDK”), to develop and test Your software application ("Application") and to integrate the Application with the API, subject to the usage restrictions as set forth in the QuiznGifts Portal terms of service on https://quizngifts.com/tos-portal. All notices given pursuant to this Agreement shall be in writing and delivered to the Developers email.
2. Weesteer RIGHTS AND OBLIGATIONS.
2.1 After You have accepted this Agreement, Weesteer will issue an API authorization to You for use with the API Service. Weesteer retains the right to immediately suspend the Application's access to the API Service if, in Weesteer's sole judgment:
the Application's usage of the API Service negatively affects the availability or performance of the API Service, or
the Application is in breach of the QuiznGifts Portal terms of service on http://quizngifts.com/tos-portal
2.2 In a situation of breach of the terms and conditions of this Agreement, Weesteer reserves the right to block, change, suspend, remove or disable access to the APIs and any of its services at any time upon reasonable notice to Developer.
3. DEVELOPER RIGHTS AND RESPONSIBILITIES.
3.1 The Developer represents and warrants that:
3.1.1 the Application will not use Weesteer content other than allowed by the QuiznGifts Portal terms of service on http://quizngifts.com/tos-portal;
3.1.2 the Application will use the API authorization issued by Weesteer upon execution of this Agreement, and no other API authorization issued for use by other applications and/or to other developers;
3.1.3 the Application will avoid excessive and unnecessary use of the API Service that may cause a performance degradation of the API Service;
3.1.4 the Developer acknowledges that all rights, title and interest in and to the Weesteer content, and any derivative works based upon the Weesteer content, remain with Weesteer and its suppliers, except as expressly set forth in this Agreement, and that the unauthorized redistribution of the Weesteer content is not permitted including, but not limited to, API-documentation, API-authorization or provided SDK.
3.2 The Developer will be solely responsible and hold Weesteer harmless for all costs, expenses, losses and liabilities incurred, and activities undertaken by the Developer in connection with the API Service.
3.3 Developer shall obtain written permission in advance from Weesteer to use Weesteer's trademarks, logos or other brand features for promoting the Developer's Application. Any press releases regarding this Agreement or the relationship of the parties shall require the prior approval of the parties.
3.4 The Developer shall not display any advertising inside the Application or use any content as obtained via the API outside the Application, unless permitted by Weesteer in writing.
3.5 The Developer may freely under these restrictions use the SDK provided by Weesteer.
The API service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. Except as expressly stated in this Agreement, each party disclaims all liability to the other party in connection with the parties' performance of this Agreement and in no event will the infringing party be liable to the other party for special, indirect or consequential damages including but not limited to loss of profits, loss of business or unfitness for user purposes.
5. TERM AND TERMINATION.
The term of this Agreement shall commence on the date on which the Developer has accepted this Agreement and shall continue until either party terminates the Agreement in writing or the API authorization has not been used to access the API Service for at least 90 days.
6. GOVERNING LAW AND VENUE.