Quantcast

GamesRadar Developer API Terms of Use


We're glad you've chosen to use the GamesRadar Web API. By using the GamesRadar Web API (the "API" or "Service"), you and, if applicable, the company you represent (collectively, "you") accept and agree to be bound by the following terms and conditions (the "Terms of Use").

1.Service
1.1 Description of Service. The API consists of programmatic web APIs, JavaScript code and associated documentation that allows you to provide content to, or display results from, the GamesRadar Web API, subject to the limitations and conditions described below. The API may be used in connection with a software application or website. In order to obtain the API, you must create a User account. You may only create one account per email address.

1.2 Keys.After supplying GamesRadar with your information regarding your proposed application and agreeing to the Terms of Use, you will be issued an alphanumeric key assigned to you by GamesRadar that is uniquely associated with your proposed application ("Application Key") as well as a pre-shared key ("Shared Secret"). Your application or site must utilize the Application Key as described in the GamesRadar API documentation (which can be found at http://dl.gamesradar.com/api/GamesRadar_Developer_API_Documentation.pdf or other URL as GamesRadar may decide from time to time). Some APIs will also require a signature generated with the Shared Secret. GamesRadar may block requests with invalid keys. Your Shared Secret is for use in your application only, and you may not sell, transfer, sublicense or otherwise disclose your private key to any other party. You are responsible for maintaining the secrecy and security of your private key. You are fully responsible for all activities that occur using your Shared Secret, regardless of whether such activities are undertaken by you or a third party. You are responsible for maintaining up-to-date and accurate information (including contact information) for your account.

1.3 Modifications. GamesRadar reserves the right to release subsequent versions of the API and to require you to obtain and use the most recent version. GamesRadar may modify these Terms of Use at any time with or without notice, and you can review the most current version of the Terms of Use online at any time at http://www.gamesradar.com/api-terms (or other URL as GamesRadar may decide from time to time). If a modification is unacceptable to you, you may cancel the Service by stopping your use of the Service. If you continue to use the Service, you will be deemed to have accepted the modifications.

1.4 Appropriate Conduct and Prohibited Uses. If you are displaying content from the GamesRadar Web API through the Service, you agree that you will not, and you will not permit your users or other third parties to: (a) modify or obscure the text, images, or other content of any GamesRadar content that you display within your application; or (b) modify, obscure or otherwise disable the functioning of links to GamesRadar or third party applications provided in the GamesRadar content.

1.5 Monitoring your Use of the GamesRadar Services. You agree to provide information and/or other materials related to your Applications as reasonably requested by us to verify your compliance with this Agreement. you further acknowledge and agree that, with respect to:
Online Applications: We may crawl or otherwise monitor the external interfaces of your Application for the purpose of verifying your compliance with this Agreement. You may not seek to block or otherwise interfere with such crawling or monitoring (and we may use technical means to overcome any methods used on your Application to block or interfere with our crawling or monitoring); and Client-Side Applications: you agree to furnish a copy of your Application upon request for the purpose of verifying your compliance with this Agreement

1.6 Network Calls.You may make network calls or requests to the Services at any time that the Service is available, provided that you (or if you build and release an Application, each installed copy of your Application) may not exceed maximum calls per second and per day limits (if any) set forth for any particular Service. In the event the Service does not indicate maximum calls per second or a maximum file size, the maximum calls per second is one (1), the maximum calls per day is 10,000, and the maximum file size is 40K. In the event that you desire additional calls per second or an increase in the maximum file size, you will need to receive written consent to do so.

1.7 Attribution. The API can be used to allow your site or application to display certain content and/or search results from the GamesRadar Web API. If you use the Service to display content from the GamesRadar Web API, you must clearly and conspicuously attribute the source of the results, in accordance with Section 2.7of these Terms of Use.

1.8  You agree that you are responsible for your own conduct while using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using the Service, you will not, and will not permit your end users or other third parties to:
  • (a) link any of the GamesRadar content to any commercial page of a website other than the GamesRadar Website;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;
  • upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you (or the end user posting the content) are the owner of the Rights or have the permission of the owner to post such content;
  • upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
  • distribute any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
  • impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
  • restrict or inhibit any other user from using and enjoying GamesRadar services;
  • use GamesRadar services for any illegal or unauthorized purpose;
  • remove any copyright, trademark or other proprietary rights notices contained in or on GamesRadar services;
  • interfere with or disrupt GamesRadar services or servers or networks connected to GamesRadar services, or disobey any requirements, procedures, policies or regulations of networks connected to GamesRadar services;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of GamesRadar services or collect information about users for any unauthorized purpose;
  • submit content that falsely expresses or implies that such content is sponsored or endorsed by GamesRadar;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
1.9 Advertising. GamesRadar reserves the right to include advertising or any other materials in any portion of the Service delivered as UI widgets.

1.10 User support. You understand and agree that you are solely responsible for providing user support and any other technical assistance for any implementation of the Service in your application or site. GamesRadar is under no obligation to provide you or end users of your application or site with user support or any other technical assistance.

2. Proprietary Rights

2.1 GamesRadar Rights. For purposes of the Terms of Use, "Intellectual Property Rights" shall mean any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. As between you and GamesRadar, you acknowledge that GamesRadar owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Service and that you shall not acquire any right, title, or interest in or to the Service, except as expressly set forth in the Terms of Use. you further acknowledge that third parties may own right, title and interest, including without limitation all Intellectual Property Rights, in and to content, which is included on the GamesRadar site, and that you shall not acquire any right, title, or interest in or to such content except as provided by applicable law.

2.2  Your content. You may provide text, images, reviews, and other informational content to us. GamesRadar claims no ownership or control over any content you submit, post or display through the Service. However, by submitting, positing or displaying content on or through the Service, you hereby grant to us a perpetual, paid-up royalty-free, nonexclusive, worldwide, irrevocable right and license, under all of your intellectual property rights, to: (i) use, reproduce, perform, display and distribute your content; (ii) adapt, modify, re-format and create derivative works of your content; (iii) use and publish your name in the form of a credit in conjunction with your content; and (iv) sublicense the foregoing rights to our affiliates or any third parties. Additionally, you represent and warrant that: (a) your content is your original work or was legally obtained; and (b) our and our sublicensees use of your content as permitted by the license above will not violate any third party's rights.

2.3 Brand License. For purposes of the Terms of Use, "Brand" shall be defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive Brands of each party, respectively, as secured by such party from time to time. GamesRadar hereby grants to you a nontransferable, non-sublicenseable, nonexclusive license during the Term to display the GamesRadar Brands for the purpose of promoting or advertising that you use the Service in accordance with this Section 2.3 and for the purpose of fulfilling your obligations under Section 2.4 below. You hereby grant to GamesRadar a nontransferable, nonexclusive license during the Term to use your Brands to advertise that you are using the Service.


2.4 In using the GamesRadar Brands, you may not:
  • display a GamesRadar Brand in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by GamesRadar, other than your involvement in the Service, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of GamesRadar or GamesRadar personnel;
  • use the GamesRadar Brands to disparage GamesRadar, its products or services;
  • display a GamesRadar Brand on your site if it contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
  • use any GamesRadar Brand as the largest or most prominent brand in your application;
  • display a GamesRadar Brand as the most prominent element on any page of your website;
  • display a GamesRadar Brand in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to GamesRadar;
  • display a GamesRadar Brand on a site that violates any law or regulation; or
  • remove, distort or alter any element of a GamesRadar Brand.
2.5  You understand and agree that GamesRadar has the sole discretion to determine whether your use of The GamesRadar Brand is in accordance with the above restrictions.

2.6 Except as set forth in this Section 2.6, nothing in the Terms of Use shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party's Brands. All use by you of GamesRadar's Brands (including any goodwill associated therewith) shall inure to the benefit of GamesRadar. At no time during or after the Term shall you challenge or assist others to challenge the Brands of GamesRadar (except to the extent such restriction is prohibited by law) or the registration thereof by GamesRadar, nor shall you attempt to register any Brands (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of GamesRadar.

2.7 Attribution. The GamesRadar content provided to you through the Service may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive GamesRadar Brands, its partners, or other third party rights holders of content indexed by GamesRadar. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive Brands.

2.8 Nonexclusive Rights. The rights granted by GamesRadar in this Agreement with respect to the Marks and the Services are nonexclusive, and GamesRadar reserves the right to: itself or through third parties act as a developer of products or services related to any of the products that you may develop in connection with the Services and which compete with your Application

3. Privacy Policy
GamesRadar's collection and use of personal information is governed by GamesRadar's Privacy Policy, available at http://www.GamesRadar.com/privacy-policy. You understand and agree that GamesRadar may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of GamesRadar, its affiliates or the public..

4. Indemnity
You agree to hold harmless and indemnify GamesRadar, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of the Service, violation of these Terms of Use or any other actions connected with use of GamesRadar services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, GamesRadar will provide you with written notice of such claim, suit or action.

5. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
5.1  YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GAMESRADAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

5.2  GAMESRADAR MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

5.3  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

5.4  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GAMESRADAR OR THROUGH OR FROM GAMESRADAR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

6.  Limitation of Liability
6.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GAMESRADAR SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GAMESRADAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

7.  Exclusions and Limitations
7.1 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 5 AND 6 MAY NOT APPLY TO YOU.

8.  Term and Termination
8.1 Term. The term of the Terms of Use shall commence on the date upon which agree to the Terms of Use and shall continue in force thereafter, unless terminated as provided herein.

8.2 GamesRadar Termination. GamesRadar may change, suspend or discontinue all or any aspect of the Service, including its availability, at any time, and may suspend or terminate your use of the Service at any time. This includes, without limitation, the right to set, at GamesRadar's own discretion and at any time, a maximum amount of GamesRadar content you may access through the service without GamesRadar's prior written consent. GamesRadar may also terminate this Agreement at any time, for any reason, or for no reason. Without limiting the generality of the foregoing, GamesRadar may terminate this Agreement immediately and without notice if:
  • you seek to hack or break any security mechanism on any of the Service
  • we determine that your use of the Service poses a security or service risk to us, to any user of Service offered by us, or to any of our subscribers or may subject us or any third party to liability or damages or danger;
  • you otherwise use the Service in a way that disrupts or threatens the Service
  • we determine, in our sole discretion, there is evidence of fraud with respect to your account
  • you use any of the GamesRadar content or GamesRadar Brands other than as expressly permitted herein;
  • we receive notice or we otherwise determine, in our sole discretion that you may be using the GamesRadar Service for any illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party; or
  • we determine, in our sole discretion, that our provision of any of the Service to you is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason.
8.3  Your Termination. You may terminate this Agreement for any reason or no reason at all, at your convenience, by removing the Service from your Site.

8.4  Rejection of Application. GamesRadar shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render null and void the Terms of Use between you and GamesRadar. GamesRadar shall not be liable to you for damages of any sort resulting from its decision to reject such a request.

8.5  Effect of Termination. Upon the termination of the Terms of Use for any reason (i) this Agreement and all license rights granted herein shall terminate and (ii) you shall immediately destroy any GamesRadar Confidential Information, and delete all GamesRadar content and The GamesRadar Brand from your application and/or website.

8.6  Survival. In the event of any termination or expiration of the Terms of Use for any reason, Sections 2.1, 2.2, 4, 5, 6, 7, 8.5, 8.6, 8.7 and 10 shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Use in accordance with its terms.

8.7  Remedies. You acknowledge that your breach of service/license restrictions contained herein may cause irreparable harm to GamesRadar, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which GamesRadar may be legally entitled, GamesRadar shall have the right to seek immediate injunctive relief in the event of a breach of such sections by you or any of your officers, employees, consultants or other agents.

9.  Third Party Beneficiaries. Nothing in the Terms of Use should be construed to confer any rights to third party beneficiaries.

10.  General Information
10.1  US Government License Rights. All Services provided to the U.S. Government are provided under the commercial license rights and restrictions generally applicable under this Agreement.

10.2  Export Controls. You shall, in connection with your use of the Services, comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control in connection with your use of the Service.

10.3  Entire Agreement. The Terms of Service constitute the entire agreement between you and GamesRadar and govern your use of the Service, superseding any prior agreements between you and GamesRadar. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other GamesRadar services, affiliate services, third-party content or third-party software.

10.4  Choice of Law and Forum. The Terms of Service and the relationship between you and GamesRadar shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Mateo, California.

10.5  Waiver and Severability of Terms. The failure of GamesRadar to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 the Terms of Service remain in full force and effect.

10.6  Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of GamesRadar services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

10.7  The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.