API/TOS

From MyChances

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Thank you for using the MyChances application programming interfaces (the "API"). By using the API, you agree to the terms below. If you disagree with any of these terms, MyChances does not grant you a license to use the API. We reserve the right to update and change these terms from time to time without notice. You can always find the most recent version of these terms here: http://www.mychances.net/wiki/API/TOS . Your license to the API under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of the API. MyChances may terminate the license at any time for any reason. Your rights to use the API terminate automatically if (i) you violate any of these terms, (ii) MyChances publicly posts a written notice of termination on MyChances.net, (iii) MyChances sends a written notice of termination to you, or (iv) MyChances disables your access to the API.

Contents 1 I. Licensed Uses and Restrictions 1.1 1. You shall: 1.2 2. You shall not: 2 II. Commercial Use 2.1 1. Rules and Restrictions 2.1.1 a. Standard key examples 2.1.2 b. Enterprise key examples 2.2 2. Application for an API Key 2.3 3. Attribution 2.4 4. Ownership and Relationship of Parties 2.5 5. Support 2.6 6. Fees and Payments 2.7 7. Disclaimer of Any Warranty 2.8 8. Limitation of Liability 2.9 9. Exclusions and Limitations 2.10 10. Release and Waiver 2.11 11. Hold Harmless and Indemnity 2.12 12. General Terms 2.12.1 Relationship of the Parties 2.12.2 Invalidity of Specific Terms 2.12.3 Location of Lawsuit and Choice of Law 2.12.4 No Waiver of Rights by MyChances 2.12.5 Miscellaneous

I. Licensed Uses and Restrictions

The API is owned by MyChances, LLC (hereinafter "MyChances") and is licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These terms define legal use of the API, all updates, revisions, substitutions, and any copies of the API made by or for you. All rights not expressly granted to you are reserved by MyChances.

1. You shall:

• Comply with the MyChances Terms of Service www.mychances.net/tos.php .
• Disclose in your application through a privacy policy or otherwise displayed in the footer of each page, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.
• Provide proper attribution, as discussed in section II.3 of this document.

2. You shall not:

• Use the API for any application that replicates or attempts to replace the essential user experience of MyChances.net.
• Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use the API.
• Use an unreasonable amount of bandwidth.
• Cache or store any MyChances prediction other than for reasonable periods in order to provide the service you are providing.
• Attempt to interpret, decode, ascertain, or otherwise reproduce the formulas and algorithms used by MyChances to generate its predictions.
• Use the API for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
• Use the API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
• Use the API in any manner that promotes, contributes to, or gives the appearance of dishonesty, cheating, plagiarism, or academic misconduct.
• Use the API in a manner that adversely impacts the stability of MyChances.net servers or adversely impacts the behavior of other applications using the API.
• Sell, lease, or sublicense the API or access thereto or derive revenues from the use or provision of the API, whether for direct commercial or monetary gain or otherwise, except as set forth elsewhere in this document.

II. Commercial Use

1. Rules and Restrictions

We offer two categories of API keys: "standard" and "enterprise." If the primary purpose of your application is noncommercial, or if it is to derive revenue indirectly from visitors, it is considered a standard application. If the primary purpose of your application is to derive revenue directly from visitors, it is considered an enterprise application. MyChances reserves the right to make these evaluations at the time that you apply for the license. MyChances may also monitor your site or application over time to ensure continued compliance with the appropriate type of API key. If you are in doubt about whether your application is standard or enterprise, here are common examples of standard use and enterprise use that may provide you some guidance:

a. Standard key examples

• Your site is a noncommercial site that displays no ads and sells no products or services to visitors.
• Your site is a "destination" site that uses MyChances predictions to drive traffic and generate ad revenue.

b. Enterprise key examples

• Your site is a "destination" site that uses MyChances predictions to drive traffic and generate ad revenue. No links or attribution to MyChances are displayed from pages that are publicly accessible without being "logged in."
• Users are charged a fee for your product or service which includes some sort of integration using the API.
• Your site is a high-volume site and makes tens of thousands of API calls per month.

2. Application for an API Key

If you want to apply for a standard API key or for an enterprise API key, go to the following form to see what information you need to provide: http://api.mychances.net/apply.php . When describing your application, please be as specific as possible. Lack of detail could delay your application. Please note that in some cases, we may grant your request for an API key subject to your payment of fees.

3. Attribution

• If you use a standard API key, you shall place the following notice prominently on your application: "Predictions powered by the MyChances.net college admissions API." Equally or less prominently, you shall place the following notice: "This product is not endorsed or certified by MyChances." So long as the direct link and core message remain intact, as determined by MyChances and its representatives, you may modify the appearance and size of these notices (for example, to blend in appearance with the remainder of your site or application). Certain modifications of the notices, such as adding a "rel=nofollow" tag to the link, are expressly prohibited.
• You shall not use "mychances" in the hostname of your application, e.g. mychances.example.com
• You may use the MyChances logos found on [1] until and unless you receive specific written notification from MyChances to cease displaying the logo, or until your license to use the API is terminated.
• Any use of the MyChances logo in your application shall be less prominent than the logo or mark that primarily describes the application and your use of the MyChances logo shall not imply any endorsement by MyChances.
• Unless otherwise negotiated, you shall allow MyChances to disclose, in private and in public, that you are using the API.

4. Ownership and Relationship of Parties

The API may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. MyChances's rights apply to the API and all output and executables of the API, excluding any software components developed by you which do not themselves incorporate the API or any output or executables of the API. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. MyChances owns all rights, title, and interest in and to the API. These terms grant you no right, title, or interest in any intellectual property owned or licensed by MyChances, including (but not limited to) the API and MyChances trademarks.

5. Support

MyChances may elect to provide you with support or modifications for the API (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. MyChances may change, suspend, or discontinue any aspect of the API at any time, including the availability of any API. MyChances may also impose limits on certain features and services or restrict your access to parts or all of the API or the Web site without notice or liability.

6. Fees and Payments

MyChances is committed to providing access to our API for commercial and non-commercial purposes. However, providing the API does have real costs for MyChances. For uses of the API over a certain rate, or for certain types of commercial applications, MyChances reserves the right to charge fees for future use of or access to the API.

7. Disclaimer of Any Warranty

ASPECTS OF THE API MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. MYCHANCES DOES NOT REPRESENT OR WARRANT THAT ANY API IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE API IS PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND MYCHANCES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF THE MYCHANCES API IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY MYCHANCES API INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

8. Limitation of Liability

MYCHANCES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE API, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT MYCHANCES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL MYCHANCES BE LIABLE TO YOU FOR ANY AMOUNT.

9. Exclusions and Limitations

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 7 AND 8 MAY NOT APPLY TO YOU.

10. Release and Waiver

To the maximum extent permitted by applicable law, you hereby release and waive all claims against MyChances, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the API. If you are a California resident, you waive your rights under California Civil Code 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

11. Hold Harmless and Indemnity

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify MyChances and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of the API, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. MyChances shall use good faith efforts to provide you with written notice of such claim, suit or action.

12. General Terms

Relationship of the Parties

Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and MyChances shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of MyChances, express or implied, and you shall not attempt to bind MyChances to any contract.

Invalidity of Specific Terms

If any provision of the Terms of Use 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 such documents remain in full force and effect.

Location of Lawsuit and Choice of Law

The Terms of Use and the relationship between you and MyChances shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You and MyChances agree to submit to the personal jurisdiction of the courts located within the county of Washoe, Nevada.

No Waiver of Rights by MyChances

MyChances's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

Miscellaneous

The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between MyChances and you with respect to the subject matter hereof.