Gfycat API Terms of Service
By accessing or using our APIs, you are agreeing to the terms below. Collectively, we refer to the terms below, any additional terms, terms within the accompanying API documentation, and any applicable policies and guidelines as the "Terms." You agree to comply with the Terms and that the Terms control your relationship with us. The “Terms” include the Gfycat Terms of Service, and the APIs may not be accessed or used in any way to violate any of the Terms.
Under the Terms, "Gfycat" means Gfycat Inc., with offices at 3000 El Camino Real, Bldg 4 Flr 2, Palo Alto, CA 94306, United States, unless set forth otherwise in additional terms applicable for a given API. We may refer to "Gfycat" as "we", "our", or "us" in the Terms.
Section 1: Account and Registration
Accepting the Terms
You may not use the APIs and may not accept the Terms if (a) you are not of legal age to form a binding contract with Gfycat, 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.
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 Terms and by accepting the 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 Gfycat will always be accurate and up to date and you'll inform us promptly of any updates.
Section 2: Using Our APIs
Compliance with Law, Third Party Rights, and Other Gfycat Terms of Service
You will comply with all applicable law, regulation, 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 Gfycat (or its affiliates).
You will only access (or attempt to access) an API by the means described in the documentation of that API. If Gfycat 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 the identity of your websites or apps (“API Clients”) identity when using the APIs or developer accounts.
Gfycat currently does not set or enforces limits on your use of the APIs.
Gfycat does not acquire ownership in your API Clients, and by using our APIs, you do not acquire ownership of any rights in our APIs or the content that is accessed through our APIs.
Section 3: Prohibitions and Confidentiality
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 Gfycat 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).
- Use the APIs to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State.
- Remove, obscure, or alter any Gfycat terms of service or any links to or notices of those terms.
- 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 Gfycat confidential information. Gfycat 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 Gfycat’s prior written consent. Gfycat 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 Gfycat 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 4: Content
Content Accessible Through our APIs
Our APIs contain some third party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available. We may sometimes review content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display content. Finally, content accessible through our APIs may be subject to intellectual property rights and Gfycat makes no representations or warranties about any third party intellectual property rights. Your access to the content provided by the API may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.
Submission of Content
Some of our APIs allow the submission of content. Gfycat does not acquire any ownership of any intellectual property rights in the content that you submit to our APIs through your API Client, except as expressly provided in the Terms. For the sole purpose of enabling Gfycat to provide, secure, and improve the APIs (and the related service(s)) and only in accordance with the applicable Gfycat privacy policies, you give Gfycat a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to Use content submitted, posted, or displayed to or from the APIs through your API Client. "Use" means use, host, store, modify, communicate, and publish. Before you submit content to our APIs through your API Client, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the license.
Prohibitions on Content
Unless expressly permitted by the content owner or by applicable law, you will not, and or others acting on your behalf to, do the following with content returned from the APIs:
- Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
- Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;
- Misrepresent the source or ownership; or
- Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.
Section 5: Brand Features; Attribution
"Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party's Brand Features. All use by you of Gfycat’s Brand Features (including any goodwill associated therewith) will inure to the benefit of Gfycat.
You agree to display any attribution(s) required by Gfycat as described in the documentation for the API. Gfycat hereby grants to you a nontransferable, nonsublicenseable, nonexclusive license while the Terms are in effect to display Gfycat’s Brand Features for the purpose of promoting or advertising that you use the APIs and for use in your apps or services that use the API. You must only use the Gfycat Brand Features in accordance with the Terms and for the purpose of fulfilling your obligations under this Section.
You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by, or endorsement by Gfycat without Gfycat's prior written approval.
Promotional and Marketing Use
In the course of promoting, marketing, or demonstrating the APIs you are using and the associated Gfycat products, Gfycat may produce and distribute incidental depictions, including screenshots, video, or other content from your API Client, and may use your company or product name. You grant us all necessary rights for the above purposes.
Section 6: Privacy and Copyright Protection
Gfycat Privacy Policies
Gfycat DMCA Policy
We provide information to help copyright holders manage their intellectual property online, but we can't determine whether something is being used legally or not without their input. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Gfycat’s policy about responding to notices the DMCA policy page.
Section 7: Termination
You may stop using our APIs at any time with or without notice. Further, if you want to terminate the Terms, you must provide Gfycat with prior written notice and upon termination, cease your use of the applicable APIs. Gfycat reserves the right to terminate the 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.
Your Obligations Post-Termination
Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the Gfycat Brand Features. Gfycat may independently communicate with any Gfycat 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.
When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 3b, 4, 7, 8, and 9.
Section 8: Liability for our APIs
EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER GFYCAT NOR ITS SUPPLIERS OR DISTRIBUTORS 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.
LIMITATION OF LIABILITY
EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS, BREACHES OF OBLIGATIONS UNDER SECTION 3.B (CONFIDENTIALITY): (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; AND (B) NEITHER PARTY’S LIABILITY ARISING OUT OF THIS AGREEMENT SHALL EXCEED ONE THOUSAND DOLLARS ($1,000), EXCEPT FOR LICENSEE’S LIABILITY UNDER SECTION 8.C (INDEMNIFICATION) OF THIS AGREEMENT, WITH RESPECT TO WHICH YOUR LIABILITY SHALL NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), EVEN IF THE APPLICABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.
Unless prohibited by applicable law, if you are a business, you will defend and indemnify Gfycat, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any third-party allegation or third-party legal proceeding to the extent arising from:
- your misuse of the APIs;
- your violation of the Terms; or
- any content or data routed into or used with the APIs by you or your employees.
Section 9: General Provisions
We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our APIs. You should look at the Terms regularly. We'll post notice of modifications to the Terms to this 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 Terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified Terms. However, this section will not apply to any amendments or modifications to these Terms that have been signed by both parties. Such amendments or modifications may only be changed via a document signed by both parties.
U.S. Federal Agency Entities
The APIs were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.
General Legal Terms
We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the 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 Terms, and Gfycat does not take action right away, this does not mean that Gfycat 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 Terms are the entire agreement between you and Gfycat relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact Gfycat, please visit our contact page.
Except as set forth below: (i) the laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the APIs and (ii) ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE APIS WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA, AND YOU AND GFYCAT CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
If you are accepting the Terms on behalf of a United States federal government entity, then the following applies instead of the paragraph above: the laws of the United States of America, excluding its conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the APIs. Solely to the extent permitted by United States Federal law: (i) the laws of the State of California (excluding California's conflict of laws rules) will apply in the absence of applicable federal law; and (ii) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE APIS, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.
If you are accepting the Terms on behalf of a United States city, county, or state government entity, then the following applies instead of the paragraph above: the parties agree to remain silent regarding governing law and venue.