“API” shall mean the PNI Digital Media Platform application programming interface, including all associated technologies, content, features, documentation and any other materials, tools, and systems provided or made available to You as part of the API Program.
“PNI”, “We”, or “Us” shall mean PNI Digital Media Inc. on behalf of itself and its affiliates.
“Application” shall refer to any application, website, interface, or other communication method You develop or use to interact with the API.
“PNI Client(s)” shall mean clients under binding agreement with PNI who have agreed to allow applications developed under the Program to interact with their Client Platform.
PNI has developed the PNI Digital Media Platform (the “Platform”), which is a proprietary platform that provides transaction processing and order routing services for major retailers. The Platform is used by various PNI Clients and connects consumer-ordered digital content, whether from online, in-store kiosks, desktop software or mobile phones, with retailers that have on-demand manufacturing capabilities for the production of personalized products such as photos, photo books, photo calendars, business cards and stationery (the “Client Platform”).
PNI has created the PNI API Program (the “Program”) with the intent of allowing Developers to incorporate certain features of the API into their existing Applications or create new Applications that will be able to interact with the Platform for access to, and use of various services and products offered by PNI Clients through the Platform.
Participation in the Program will allow You to incorporate certain features of the API into Your existing Applications or create new Applications that will be able to interact with the Platform for access to, and use of various services and products offered by PNI Clients through the Platform.
In order to participate in the API and access the Portal, You are required to register and establish user identification with a password (“Registration Information”), and for certain uses, You may be provided and required to use confidential security keys or identifiers (“API Key”).
You agree to provide Us with accurate and complete Registration Information, and to inform Us immediately of any updates or other changes to such information. For example, You may not:
(i) enter, select or use a false name or an email address owned or controlled by another person with the
intent to impersonate that person, or
(ii) use as Registration Information a name subject to any rights of a person other than Yourself without appropriate authorization.
Additional registrations and agreement to specific terms may be required for by and from PNI Client(s) and their associated terms of service.
If the primary purpose of the integration of the API with Your Application is to derive revenue, it is considered a “Commercial Application” used for “Commercial Purposes”. If you wish to use the API for Commercial Purposes, you must obtain PNI’s Permission in writing and you must enter into an API Revenue Share Agreement with PNI. Such API Revenue Share Agreement shall also form part of this Agreement. For more information about how to become eligible to use the API for a Commercial Application, please contact us via email at firstname.lastname@example.org. If you are unsure whether your use of the API constitutes non-commercial or commercial use, you should contact PNI.
You shall be responsible for maintaining the confidentiality of Your Registration Information, Your API Keys and You are fully responsible for all activities that occur pursuant to access with Your Registration Information and the API Keys provided, whether or not You authorize such activities. You agree to immediately notify Us of any unauthorized use of Your Registration Information and or Keys provided of which You become aware. Notice of unauthorized use will not relieve You of responsibility for activities that occur as a result of such unauthorized use.
Notwithstanding any other legal obligations You may have, You agree to immediately notify PNI by email to email@example.com upon Your discovery of any incident of a security breach or possible compromise of systems or security mechanisms relating to the API, Platform or your use of the Portal or API Keys or in any way possibly impacting PNI and PNI Client(s). You agree to use commercially reasonable efforts to notify PNI of Your detection of such an incident within one (2) hour of detection.
b. Security Precautions
You agree to adhere at all times to reasonable security best practices, as specified in current industry literature on topics relevant to Your interaction with the API, and the Portal.
c. Security Requirements
As a user of the API, and or the Portal, You shall not violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”) related to the API, Platform and or Portal and PNI and or PNI Client(s). Prohibited activities include:
i. Unauthorized access or use of any functionality or breach of any security or authentication measures
used by the API, the Platform and or Portal
ii. Interception or monitoring of data or traffic on a System from PNI without authority or permission from PNI.
iii. Falsification of origin, forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route.
iv. Monitoring or crawling of a System or the Platform or functionality so that it either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective, including the use of flooding techniques.
Your participation in the Program, or use of the API or Portal on and after the effective date will constitute Your acceptance of the amended terms. If You do not wish to be bound by amended terms, You must terminate Your participation in the Program and cease accessing the Portal.
You may develop, display, or distribute Applications that interact with the API provided such Applications comply with all requirements herein.
(i) Use the API to develop an Application or incorporate functionality that creates authorized interactions between Your Applications and the Platform and facilitating Your Users to interact with the Platform.
PNI grants You a non-exclusive, non-transferable, non-sublicensable (except as expressly permitted herein) limited license to display certain trade names, trademarks, service marks, and logos (collectively the “Brand Features”) of PNI in compliance with requirements for such usage, which may be incorporated in the applicable functionality as it relates to the API or otherwise made available through the API, the Portal or on the Platform with specifications for use and only with express written approval by PNI in advance of each and every instance. Any variance from authorized use or as made available and used pursuant to specified requirements shall be subject to PNI’s review and final approval over format, placement and use. PNI may terminate or modify this license or applicable requirements for branding usage at any time for any reason or no reason.
To the extent branding or attribution is required and provided as part of any functionality related to the API and or Portal, such branding or attribution shall not be altered, obscured, removed, or otherwise modified.
Logo: Powered by PNI Digital Media Inc (to be provided by PNI)
Trademark: PNI Digital Media is registered trademark of PNI Digital Media Inc. All Rights Reserved.
Under no circumstances whatsoever are you authorized to use, promote, include or otherwise distribute any Brand Features of a PNI Client(s), including but not limited to any PNI Client(s) logo unless expressly authorized in writing by Us and or PNI Clients (as applicable).
Furthermore, You will maintain and not obscure, remove, or alter, any notices or links to policies or terms that are included or provided with any and all of Your User content when using, reproducing, or displaying the content on any PNI System, Platform or PNI Client(s) website(s).
Unless expressly permitted by PNI, You will not frame (divide the browser display area into separate sections, each of which constitutes a different web page) any web page provided by or via the API or Portal or Platform.
Your participation in the API Program and Your use of the API may allow You to collect Personal Information from and about end users. “Personal Information” is any information pertaining to a directly or indirectly identifiable individual collected by Your Application in conjunction with Your Application’s use of the API, Platform and or Portal and any additional user information you may gain from PNI and or PNI’s Client(s). All Personal Information, without limitation or exception of any kind, is the sole and entire property of PNI Client(s) and You are not permitted in any form to use, retain, own or otherwise claim in any for any and all Personal Information.
You will delete all Personal Information when it is no longer necessary for You and or Your Application’s performance generally or for Your Users, and specifically when You cease to participate in the API, Platform or Portal.
This provision does not apply to information You collect directly from Your Users, unrelated to the API.
Additionally, You will not under any circumstances collect or store Platform, API, Portal, PNI or PNI Client(s) user IDs and passwords and any transaction information.
At all times, Your Application and Your use of the API, Platform and Portal will comply with all applicable laws, regulations and best practices concerning privacy, data protection, and user identity including any and all laws related to privacy or data protection in the territory of the PNI Client(s) even if they are beyond Your territory.
You will not use Personal Information from Your Users or users from the API, Platform and or Portal to send or enable sending of unsolicited communications of any type.
Your obligations under this section will survive the Term for an additional three (3) years.
i) Distribute, publish, use or otherwise commercialize the API (as integrated in your Application) for Commercial Purposes;
ii) distribute, publish, or allow access or linking to the API from any location or source other than Your Application;
iv) remove any copyright, trademark, attribution, Brand Features or other proprietary rights notice contained in or on the API, Portal and or Platform and or PNI Client(s) websites and or PNI website(s).
v) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the API,;
vi) reformat or frame any portion of the API, and or Portal and or PNI web pages and or PNI Client(s) web pages;
vii) take any action that imposes, or may impose, as determined in PNI’s sole discretion, an unreasonable or disproportionately large load on the API, PNI Systems, Platform, and or PNI’s web pages and or PNI Client(s) web pages and or the IT infrastructure used to operate and make the API and Platform available;
viii) transmit or upload to the API, Platform and or Portal and or PNI web pages and or PNI Client web pages via any means whatsoever any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Portal, API, Platform any other web site, or any computer or other device or system, or the enjoyment of the Platform by any user;
ix) use the API, Portal, PNI web pages and or PNI Client(s) web pages to violate the security of or to gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
xi) submit to the API, and or Portal and or PNI web pages and or PNI Client(s) web pages any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; is in violation of any copyright or ownership by a third party; or otherwise use the API to transfer or store illegal material, including any material deemed threatening or obscene; submit any content that falsely states or implies that such content is sponsored or endorsed by Us and or PNI Clients;
xii) create user accounts by automated means or under false or fraudulent pretenses;
xiii) create or transmit to other users unsolicited electronic communications, such as “spam,” or otherwise interfere with other users' enjoyment of the Platform;
xiv) collect any information about other users (including usernames and/or email addresses);
xv) use the API as an online storage warehouse for storage of content in excess of what standard storage would be required by a developer acting reasonably (such level of standard of storage to be determined at PNI’s sole discretion who retains the right to restrict volume of content stored by You on the Platform).
Except as expressly permitted by PNI, You may not issue a press release, advertisement, or public statement concerning the existence of this Agreement, its contents or the transactions contemplated by it without the express written consent of PNI for each such event.
You hereby grant PNI and its affiliates, subsidiaries and subcontractors a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute any information or content You provide, post, upload, disclose, or otherwise transmit to Us or through the API and or Portal for the purpose of interacting with You and Your Users, subject to limitations imposed by applicable laws and regulations. You represent and warrant to PNI that You have the right, as owner, licensee or authorized agent to make such information and content available to PNI.
You are solely responsible for any copyright violations You or We may incur as a result of Your activities
within the API, or Portal, and Your users use of Your Applications.
If You believe Your work or the work of another has been copied in a way that constitutes copyright infringement, PNI will take appropriate steps, at its sole discretion, to follow its process to respond to Your concerns and protect the intellectual property rights of third parties if it receives notice at the address given below and or in accordance with the provisions required by the Digital Millennium Copyright Act, as follows:
1. a description and copy of the copyrighted work You claim has been infringed;
2. a description of where the material You claim is infringing is located on the site;
3. Your address, telephone number, and email address;
4. a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
5. a statement by you, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf; and
6. the physical signature of the person authorized to act on behalf of the owner of the copyright interest on the document(s) comprising 4 and 5 here above and notarized.
The above Notice for claims of infringement should be addressed to PNI Digital Media Inc., Suite 590 – 425 Carrall Street, Vancouver, BC V6B 6E3 Canada.
You consent and agree that PNI may monitor or audit Your Applications, participation in the API Program, , use of the API, and or Portal (including trademarks, names, logos, etc.), or other interactions with PNI and or PNI Client(s) related to the API, and or Portal and Your Applications.
You represent and warrant to PNI that, You have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute Your Application, and that use by PNI, PNI Clients or End Users of Your Application will not violate the rights of any third party (e.g., copyright, patent, trademark, or other proprietary right of any person or entity), or any applicable regulation or law, including the laws of any country in which Your Application is made available. Except to the extent Your Application contains materials embodied in or associated the API, or the Portal, PNI claims no ownership or control over Your Application as set forth below.
(a) PNI retains all rights, title, and interest in and to all intellectual property rights embodied in or associated with the API, Platform, Portal and PNI web pages and any and all services or property provided or made available by PNI including all improvements or modifications thereof, all derivative works based thereon, and the arrangement and assembly of the API, Platform and or Portal, including all copyrights, Brand Features, and other intellectual property or proprietary rights in the foregoing; and;
(b) You or Your Users retain all rights, title and interest in and to all intellectual property rights in or associated with Your Application and Your Users property, excluding any portions thereof that incorporates or is based on the aforementioned rights of Us. During the Term of this Agreement You hereby grant to Us a paid-up, royalty-free, non-exclusive, worldwide, irrevocable right and license, to: (a) use, perform, and display your Application and its content for purposes of marketing, demonstrating, and making your Application available to users; and (b) link to and direct users to your Application.
Any Brand Features that are displayed on the API, Portal or PNI web pages are the proprietary property of PNI or our respective licensors, as applicable. None of such Brand Features or any of the PNI Clients brand features may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any Brand Features of third parties (including PNI Clients) that appear on the Portal or PNI web pages are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Portal, the PNI web pages or the PNI client web pages without the express written permission of the trademark owner.
PNI reserves the right, in its sole discretion (for any reason or for no reason) and at any time without notice to You, to change, suspend or discontinue the API and/or suspend or terminate Your rights, account or access to the Portal and the API, as well as Your rights to access, use and/or display (as applicable) the API, the Platform and/or any Brand Features. Any termination of this Agreement will also immediately terminate the licenses granted to You hereunder. Such change, suspension or termination of the API may cause Your existing services using the API to stop functioning properly. Upon any termination of the API Agreement, You will promptly delete and remove all calls to the API from all web pages, scripts, widgets, applications, and other software in Your possession or under Your control; promptly destroy and remove from all computers, hard drives, networks and other storage media all copies of the API, Brand Features any PNI Content and/or any other data which You stored pursuant to Your use of the APIs; and You will promptly certify in writing to PNI that such actions have been taken.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE API, AND OR PORTAL OR OF ANY CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, FEATURES, OR OTHER MATERIALS CONTAINED IN OR DESCRIBED ON OR THROUGH THE API, AND OR PORTAL OR PNI WEBSITES OR PNI CLIENT(S) WEBSITES, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM
ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE PORTAL, AND/OR THE API INCLUDING BUT NOT LIMITED TO ANY CONTENT PROVIDED VIA THE PORTAL, AND ALL OTHER CONTENT, SERVICES, FEATURES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE API, AND OR PORTAL AND OR PNI WEBSITES AND OR PNI CLIENT(S) WEBSITES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE PORTAL, AND OR API IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE PORTAL, AND API INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE API AND OR OR PORTAL. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE PORTAL AND OR API OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE API AND OR PORTAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
You understand and agree that this Agreement does not entitle you to any support for the API. We reserve the right to refuse or cancel any requests or orders placed for information, products, or services. We further reserve the right to place conditions of the use of certain features of any kind at any time for any or no reason.
IN NO EVENT SHALL PNI OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE API, PLATFORM AND OR PORTAL OR ANY FEATURES, INCLUDING BUT NOT LIMITED TO ANY CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR
DESCRIBED ON THE API, PLATFORM AND OR PORTAL, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, PNI'S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE PORTAL, ANY FEATURES, OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE API, AND OR PORTAL AND OR PNI WEB PAGES AND OR PNI CLIENT(S) WEB PAGES, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO TWO THOUSAND UNITED STATES DOLLARS ($2000.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
You agree to indemnify, defend, and hold PNI and PNI Client(s) and our/their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any
We may display on the API, Portal, and or PNI web pages and or PNI Client(s) web pages links to third party sites. We are not responsible for the content of such links, any products, services, or other materials relating to such linked site, or any link contained in a linked site. The display of any link does not imply endorsement by Us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
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Detailed documentation on all currently published API methods.
A full list of response codes used throughout the methods.
A collection of 3rd party APIs, scripts and services to help build your applications.
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