THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES; PLEASE READ IT CAREFULLY. IF YOU DO NOT ACCEPT ALL OF THE TERMS, DO NOT CLICK “AGREE” AND DO NOT USE THIS SERVICE.
1. Acceptance of Terms of Service for Best Buy API Services.
These Terms of Service (the “Terms”) apply to your use of the Best Buy API service (the “Service”) and any and all data, text, software, documents and other materials transmitted via the Service (the “Content”), including without limitation any application programming interface offered through the Service, including, without limitation, the Commerce API, Products API, Stores API, Categories API, Reviews API, Customer Account API, and Upgrade Checker API, (each, an “API”). Reference to the Service in these Terms shall, unless the context otherwise requires, be deemed to include Content and API.
As used in these Terms, “Related Entity” means any entity that controls, is controlled by or is under common control with Best Buy.
2. Amendment of Terms.
Best Buy reserves the right from time to time, and at its sole discretion, and without liability to you or any third party to change the Terms by posting amended Terms on the Best Buy Open website. The most current version of these Terms will supersede all previous versions. It is your responsibility to check the Terms for updates. If you disagree with the Terms, or any changes to the Terms, your only recourse is to discontinue your use of the Service.
3. Developer Accounts and Keys.
In order to obtain access to the Service, you must create a developer account. Upon providing accurate and current information about you as prompted by the registration form on the Best Buy Open website (collectively “Registration Data”), and subject to any other terms and conditions set forth herein, you will be issued one or more unique security keys, secrets, tokens, passwords or other credentials (collectively “Keys”) for accessing the Service and managing your account. You may not sell, transfer, sublicense or otherwise disclose your Keys to any other party. If you become aware of any unauthorized use of your Keys, you agree to notify Best Buy immediately. Notwithstanding the foregoing, or anything to the contrary, you are fully responsible for all activities that occur using your Keys. You are similarly responsible for ensuring that the Registration Data provided by you is at all times accurate, current and complete. Your failure to provide accurate, current and complete Registration Data may result in Best Buy terminating your ability to use the Service by terminating your Keys.
4. Proprietary Rights: Service, Content and Licenses.
The Service, including without limitation all Content and all intellectual property rights in and to the same, is owned by or licensed to Best Buy, its Related Entities, or our third-party content providers (“Best Buy Property”). You do not acquire any right, title, or interest in or to any of the Best Buy Property through your use of the Service, except as expressly set forth in the Terms. Subject to these Terms, and for as long as you have a current and valid Key, Best Buy grants you a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to access and use the Service, including the Content, solely for purposes of use by you in software application(s) developed by you (“Applications”) or use on websites created and/or operated by you and made available to end users through the internet.
You hereby acknowledge that the Content relating to music and movies provided through the Service is provided by a third party under license with Best Buy and that there are certain restrictions on the use of such Content through the Service. You agree that you will use such Content only in connection with offers to sell or sales of the related music and movie titles and that such sales are made as an Affiliate of Best Buy under the terms of the Affiliate Operating Agreement.
Except as expressly authorized by Best Buy in a separate written agreement between you and Best Buy, you agree not to reproduce, modify, sell, distribute, download, transmit, or create derivative works of the Service or sell the Content, in whole or in part, by any means. You agree not to modify, decompile, or reverse engineer any software or API, including, without limitation, source code and algorithms, that Best Buy or its Related Entities disclose to you, and you may not remove or modify any copyright or trademark notice, or other notice of ownership that appears on or in connection the Service and any Content. You may not do, or allow anyone else to do, anything with the Services or Content which is not specifically permitted under the Terms.
License Grant to Best Buy
You hereby grant to Best Buy, its Related Entities and Registered Users (as defined herein) a paid-up, royalty-free, nonexclusive, perpetual, worldwide, irrevocable right and license, under all of your intellectual property rights, to: (i) use your intellectual property to publicize or advertise that you are using the Service (this may include use of your trademarks, screenshots of your Application and content, or other representations of your Application); (ii) link to and direct users to your Application and (iii) sublicense the foregoing rights to any third parties.
You hereby represent and warrant that you have proper authorization to transfer and permit the use among Best Buy, its Related Entities, Registered Users and third-party providers of any information or Applications you create or provide throughout the world.
You expressly agree that Best Buy and its Related Entities have no responsibility or control over the Applications and you acknowledge that Best Buy and its Related Entities do not review or monitor the Applications.
BEST BUY, the BEST BUY logo, the tag design, BESTBUY.COM, GEEK SQUAD, REWARD ZONE, MAGNOLIA HOME THEATER, FUTURE SHOP, and all other names, marks, brands, logos, designs, trade dress, slogans, and other designations Best Buy or its Related Entities use in connection with its products and services are trademarks of BBY Solutions, Inc (hereinafter referred to as “Best Buy Trademarks”). All other trademarks and logos on this site are the property of their respective owners.
You agree to comply with the Best Buy Branding Guidelines, which can be found at http:bbyopen.com/bbyopen-branding-guidelines. In addition, you may not remove or alter any Best Buy Trademarks, or co-brand your own products or material with Best Buy Trademarks, without Best Buy’s prior written consent granted or denied at Best Buy’s sole discretion.
You hereby (a) acknowledge Best Buy’s or its Related Entities’ rights in Best Buy Trademarks and agree that any use of Best Buy Trademarks by you shall inure to Best Buy’s or its Related Entities’, as applicable, sole benefit; and (b) agree not to incorporate any Best Buy Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with products, services, or information.
You grant Best Buy, its Related Entities and Registered Users a non-exclusive license to display the trade names, trademarks, service marks, logos, copyright notices, domain names, and other distinctive brands associated with you and your Application in accordance with these Terms for the purpose of promoting or advertising that you use the API or Service.
Display of Content; Attribution and Goodwill
You must clearly and conspicuously attribute the source of all Content as received from Best Buy. You may not modify, obscure or otherwise disable the functioning of links to Best Buy or third-party applications or websites provided within the Content. Similarly, you may not omit, modify or obscure the text, images, artwork, logos, copyright or similar notices or other aspect of any Content that you receive from the Service, provided, however, that with respect to graphic images, you may re-size such images while maintaining the same relative proportions of the image.
5. Websites with a Commerce Option.
If your Application or web site offers its users any form of commerce option (the ability to purchase products featured in the site or Application), then you must include Best Buy in the set of such commerce options by allowing users to purchase such products from Best Buy through a link to BestBuy.com or the Commerce API. If there are multiple tiers of commerce options (such as featured partners), then Best Buy must be in the first or primary tier of options, visible in the initial set of commerce options presented to the customer.
If you use Content related to music and movies, then you must offer users the ability to purchase such music and/or movies from Best Buy as an Affiliate of Best Buy under the terms of the Affiliate Operating Agreement by providing “buy buttons” (links to BestBuy.com) within or next to such Content.
6. Additional Terms Specific to the Commerce API
The Commerce API is not available to all users of the Best Buy API. You may only use the Commerce API with the prior approval of Best Buy.
Failure to include this specific language will result in immediate suspension or termination of your API key
7. Additional Terms Specific to Customer Account API
If you obtain a Key that grants access to the Customer Account API, you agree to the following terms and conditions with respect to your use of the Customer Account API. The Customer Account API allows Applications, through the use of tokens, to obtain access to certain information of Best Buy customers at the request of such customers as an end-user of an Application. You agree that you will not store, copy, intercept or read/sniff the data and information comprising the Content obtained through the Customer Account API, whether as a whole or in part or by specific attributes. At the earlier of the end of an end-user’s session accessing their Best Buy account information from your Application or twenty-four (24) hours, you shall delete from your Application and data retention systems all Content and other data associated with the end-user or their sessions other than the user identification number obtained from Best Buy’s authorization process. However, you may not retain any Content or data, even the user identification number, upon notice from Best Buy (including if we notify you that a particular Best Buy customer has requested that their information be made inaccessible to your Application), or upon termination of this Agreement or your use of the API.
If your Application gives users the ability to log-in to their BestBuy.com account, you agree to utilize OAuth standards for this process. The OAuth standards can be found at www.oauth.net.
8. Additional Terms Specific to the Upgrade Checker API
In addition to the other Service terms, these terms apply to your use of the Upgrade Checker API.
The Upgrade Checker API is not available to all users of the Best Buy API. You may only use the Upgrade Checker API with the prior approval of Best Buy.
Your use of the Upgrade Checker API must conform to the Upgrade Checker Branding Guidelines located at https://bbyopen.com/api-profiles/mobile-upgrade-checker-api
Prior to receiving access to the Upgrade Checker API, Best Buy will need the following information:
· Your BBYOpen API key
· Company Name
· Contact Name
· Contact email
· A Description of how you plan to implement the upgrade checker, including what language will be used for the implementation and the website URL and/or Android application name.
· A description on how you intend to secure information transmitted via the API.
· Prior to launch, you will need to complete a Best Buy security validation.
· Complete and submit a technical ownership document.
· Best Buy employees will be asked to provide a department name.
For an example of the Best Buy Upgrade Checker interface, please reference http://www.bestbuymobile.com/upgradechecker.
The Best Buy Upgrade Checker API may undergo system changes at any time, which may result in service disruption, or require changes by you to keep your implementation of the Upgrade Checker functional. Best Buy is not responsible for any damage that may result from service interruptions and may discontinue the Upgrade Checker API at any time.
9. Your Obligations and Conduct; Use of Services.
You agree to use the Service and Content only for purposes: (a) that are permitted by the Terms; (b) that are permitted by any applicable third party contract, law, or regulation in the relevant jurisdictions; and (c) that comply with all applicable policies or guidelines of Best Buy, which are made available to you by Best Buy. You hereby specifically agree that you will not use the Content, or Service, or any portion thereof, to:
· transmit spam or upload, post or otherwise transmit Content that is inaccurate, harmful, obscene, defamatory, racist or is otherwise offensive to others;
· pretend to be Best Buy, any of its Related Entities, or someone else, or otherwise misrepresent your identity or affiliation;
· forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Service;
· disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Service;
· engage in activities that would violate any fiduciary relationship, any applicable local, state, national, or international law, or any regulations having the force of law;
· upload, post, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages;
· download any file posted by another that you know, or reasonably should know, cannot legally be distributed in such manner;
· delete, obscure, or fail to display the Terms of Service link;
· interfere with or disrupt the Content, or Service, servers or networks connected with Best Buy APIs, or disobey any requirements, procedures, policies or regulations connected thereto;
· upload, post, collect or store personal data about other users unless specifically authorized by such users;
· promote or provide instructional information about illegal activities;
· provide, procure or permit third party access to the Service unless expressly authorized by Best Buy
· store or cache any music or movies Content except on a temporary basis not to exceed twenty-four (24) hours solely as necessary to provide better response times for displaying such Content.
You specifically agree not to use the Content or Service in any way that:
· violates or infringes anyone’s intellectual property rights;
· transmits software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
· is injurious to the interests of Best Buy, any of its Related Entities, any licensors of the Content, or other users of the Service as determined by Best Buy in its sole discretion.
Notwithstanding anything to the contrary, you agree that if you display the Content in a way that Best Buy finds unacceptable for any reason, including if your display violates these Terms, Best Buy may require that you immediately change or cease your display of such Content.
Content and Other Data Retention
You expressly agree that it is your responsibility to evaluate and bear all risks associated with your use of any Content or Services, including any reliance on the accuracy, completeness, or usefulness of the Content and the risks of unauthorized access.
You expressly agree that you have sole responsibility for adequate protection and backup of data and/or equipment used by you in connection with the Service.
You agree to provide us with access to your Application and/or other materials related to your use of the Service as reasonably requested by us to verify your compliance with these Terms. You agree that we may crawl or otherwise monitor online Applications and you agree not to block or interfere with such efforts by Best Buy.
You agree that Best Buy may (i) modify, suspend or terminate your access to the Service or any of its Content or Services (ii) remove any Content, including, but not limited to, User Content, from the Service at any time without any liability to you and without the requirement of providing prior notice.
You agree that you will not exceed 50,000 queries per day or 5 queries per second. If you anticipate exceeding query limitations, contact us and we can discuss your particular situation. Best Buy may, at its sole discretion, choose to increase query limits in certain situations. Repeat violations of the query limit may result in revocation of your right to use the Service.
10. Links to Third Party Sites.
The Terms take effect on the date you first access or use the Service and will continue until your account expires, ceases, or is terminated. Best Buy reserves the right at any time in its sole discretion to terminate the Terms, with or without notice. Upon termination of the Terms for any reason, you will cease to have access to the Service and Content and all of your user’s rights herein will cease. Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms, including without limitation those of Sections 2, 4, 8, 9, 10, 11 and 13.
You hereby agree to indemnify and hold Best Buy and its Related Entities harmless from any losses, expenses, costs or damages (including our reasonable legal fees, expert fees and other reasonable costs of litigation) suffered or incurred by Best Buy and its Related Entities and its and their shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives: a) arising directly or indirectly from; b) incurred directly or indirectly as a result of; or c) in any manner related to any claim, demand, or action based upon, your User Content or Application, your use of or connection to the Service, your violation of the Terms, or your violation of any rights of another (together, your “Use”) or Use of the Service and its Content by a third party where you have provided, permitted or procured such third party access.
13. Disclaimer of Warranties.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SERVICE, INCLUDING ALL CONTENT (AS DEFINED IN SECTION 1) IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE EXTENT PERMITTED BY LAW, BEST BUY AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BEST BUY AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SERVICE.
BEST BUY AND ITS AFFILIATES MAKE NO WARRANTY OR REPRESENTATION THAT: (a) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SERVICE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
14. Limitation of Liability.
TO THE FULL EXTENT PERMITTED BY LAW, BEST BUY AND ITS AFFILIATES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, EVEN IF BEST BUY OR ANY OF ITS AFFILIATES HAVE PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SERVICE; (b) 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; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. BEST BUY AND ITS AFFILIATES DO NOT SEEK TO EXCLUDE OR RESTRICT ITS LIABILITY FOR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE.
IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SERVICE, CONTENT OR SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST BEST BUY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
16. Best Buy Support.
Best Buy has no obligation to provide you or your users with support, software upgrades, enhancements, or modifications to the Service (“Support”). You understand and agree that you are solely responsible for providing user support and any other technical assistance for your Applications. Best Buy may redirect users and potential users of your Application to your email address on your account for purposes of answering general Application inquiries and support questions.
Best Buy reserves the right to release subsequent versions of the Service and to require you to obtain and use the most recent version.
18. Best Buy Application Development.
You understand and acknowledge that Best Buy may be independently creating applications, content and other products or services that may be similar to or competitive with your Application and its content, and nothing in this Agreement will be construed as restricting or preventing Best Buy from creating and fully exploiting such applications, content and other items, without any obligation to you. If you elect to provide us with any Feedback you assign all right, title and interest in and to such Feedback to us, and acknowledge that we will be entitled to use, implement and exploit any such feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation or other duty to account.
19. General Terms.
No Warranty. Best Buy and its Related Entities make no representation that your use of the Service, including use of the Content, will comply with applicable laws or that they were designed to comply with applicable laws. Additionally, Best Buy and its Related Entities do not represent, warrant or guarantee the truthfulness, accuracy, quality or reliability of any of the Content posted, displayed, linked to or otherwise transmitted via the Service. Best Buy and its Related Entities do not endorse any opinions expressed in or through any such Content.
Registered Users. The interactivity and web services features of the Service are intended for use by persons who have authenticated their identities and lawfully received Keys to the Service from Best Buy or its Related Entities (“Registered Users”). By using the Service in any manner, you represent that you are a Registered User. You further consent and authorize Best Buy or its Related Entities to verify your Registration Data.
Advertising. Best Buy reserves the right to include advertising or any other materials in any portion of the API or Content. Any such advertising shall be not modified, obscured or deleted in your Application.
International Sale of Goods; Export and Import Control Laws and Regulations. You and Best Buy hereby agree to opt out from and expressly exclude any applicability of the Uniform Information Transactions Act (UCITA). Services, Content, and product derived or obtained from the Service may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by U.S. or your local laws; (b) not use Content, or direct product from the Service to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Services, Content, or direct product from the Service to prohibited countries and entities identified in the U.S. export regulations.
Equitable Relief. You agree that any breach of the Terms will result in irreparable harm to Best Buy or its Related Entities for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Best Buy or its Related Entities will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Best Buy or its Related Entities seek such an injunction.
No Agency. Nothing in these Terms shall be construed as creating a partnership, contract of employment, agency, joint venture or franchise relationship between Best Buy or any of its Related Entities with you.
Waiver. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
Governing Law, Jurisdiction, and Venue. The Terms shall for all purposes be governed, interpreted, construed, and enforced solely and exclusively in accordance with the law of the State of Minnesota, without regard to conflicts of law provisions thereof. You hereby submit to the exclusive jurisdiction and venue of the federal and state courts located in Hennepin County, Minnesota You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise.
No Third Party Beneficiary. You acknowledge and agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiary to this agreement.
Entire Agreement. The Terms constitute the entire agreement between you and Best Buy relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized Best Buy representative. You may not assign, sublicense, delegate or otherwise transfer the Terms or any right granted hereunder.
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