By using the Aerial Camping APIs, you agree to this policy. We reserve the right to change this policy at any time without notice, so please check it regularly. Your continued use of the Aerial Camping APIs constitutes acceptance of any changes. You also agree to and are responsible for ensuring that you comply with the Aerial Camping Terms of Use and Aerial Camping Community Guidelines.

We provide the Aerial Camping APIs to support several types of apps and services. First, we provide them to help members of our community share their own content with apps or services. We also support apps and services that help brands and advertisers understand and manage their audience, develop their content strategy, and obtain digital rights. Finally, we provide the Aerial Camping APIs to help broadcasters and publishers discover content, get digital rights to media, and share media using web embeds. The Aerial Camping APIs are not intended for other types of apps or services. For those we do support, the following terms and information also apply:

A. General Terms

1. Ensure your app is stable and easily navigable.
2. Don't confuse, deceive, defraud, mislead, or harass anyone.
3. Be transparent about your identity and your app's identity.
4. Don't use the Aerial Camping APIs for any app that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.
5. Don't store or cache Aerial Camping login credentials.
6. Provide meaningful customer support for your app, and make it easy for people to contact you.
7. Provide a publicly accessible privacy policy that tells people what you collect and how you will use this information.
8. If you allow third parties to serve content, including advertisements, or collect information directly from visitors, including placing or recognizing cookies on visitors' browsers, disclose this in your privacy policy.
9. Comply with your privacy policy.
10. Comply with any requirements or restrictions imposed on usage of Aerial Camping user photos and videos ("User Content") by their respective owners. You are solely responsible for making use of User Content in compliance with owners' requirements or restrictions.
11. Remove within 24 hours any User Content or other information that the owner asks you to remove.
12. Obtain a person's consent before including their User Content in any ad.
13. Only store or cache User Content for the period necessary to provide your app's service.
14. If you store or cache User Content, keep it up to date. For example, if a user marks a photo as "private", you must reflect that change by removing the content as soon as reasonably possible.
15. Don't use the Aerial Camping API to simply display User Content, import or backup content, or manage Aerial Camping relationships, without our prior permission.
16. Don't apply computer vision technology to User Content, without our prior permission.
17. Don't participate in any "like", "share", "comment" or "follower" exchange programs.
18. Don't use follower information for anything other than analytics without our prior permission. For example, don't display these relationships in your app.
19. Only use the POST and DELETE endpoints after a business has taken an explicit action in your app requesting you to do so.
20. Only use the POST and DELETE likes, comments, and photos endpoints to enable businesses to manage communication with people who have expressed interest in them. Don't use these endpoints for non-business purposes.
21. Ensure your comments are uniquely tailored for each person. Don't post unauthorized commercial communication or spam on Aerial Camping.
22. Don't enable a business to take more than one action on Aerial Camping at a time.
23. Add something unique to the community. Don't use the Aerial Camping APIs to replicate or attempt to replace the functionality or essential user experiences of Aerial Camping.com or any of Aerial Camping's apps.
24. Respect the way Aerial Camping looks and functions. Don't offer experiences that change it.
25. Don't attempt to build an ad network on Aerial Camping.
26. Don't attempt to identify groups of individuals or create demographic clusters for the purpose of contacting or targeting Aerial Camping members on or off Aerial Camping.
27. Don't transfer any data that you receive from us (including anonymous, aggregate, or derived data) to any ad network, data broker, influencer network, or other advertising or monetization-related service.
28. You can administer a promotion on Aerial Camping if you comply with all applicable laws and regulations, but don't directly incentivize other actions.
29. If you want to facilitate or promote online gambling, online real money games of skill, or online lotteries, get our written permission before using any of our products.
30. Don't use an unreasonable amount of bandwidth, or adversely impact the stability of Aerial Camping.com servers or the behavior of other apps using the Aerial Camping APIs.
31. Don't reverse engineer the Aerial Camping APIs or any of Aerial Camping's apps.
32. Don't sell, lease, or sublicense the Aerial Camping APIs or any data derived through the APIs.
33. Comply with all applicable laws or regulations. Don't violate any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality. Don't expose Aerial Camping or people who use Aerial Camping to harm or legal liability.

2. You shall not:

1. Use the Aerial Camping APIs for any application that replicates or attempts to replace the essential user experience of Aerial Camping.com or the Aerial Camping apps.
2. Use the Aerial Camping APIs to spam, incentivize, or harass users.
3. Participate in any "like", "share", "comment", or "follower" exchange programs.
4. Use the Aerial Camping APIs to post automated content to Aerial Camping, including likes and comments that were not initiated and entered by an Aerial Camping user.
5. Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use Aerial Camping APIs.
6. Display more than 30 Aerial Camping photos or videos per page in your application or use an unreasonable amount of bandwidth.
7. Cache or store any User Content other than for reasonable periods in order to provide the service you are providing to Aerial Camping users.
8. Use the Aerial Camping APIs for any application that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.
9. Use the Aerial Camping APIs in any manner or for any purpose that violates any law or regulation, or any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
10. Use Aerial Camping as a generic image hosting service for banner advertisements, graphics, etc.
11. Use the Aerial Camping APIs in a manner that adversely impacts the stability of Aerial Camping.com servers or adversely impacts the behavior of other applications using the Aerial Camping APIs. Further, we reserve the right to rate limit or block applications that make a large number of calls to the API that are not primarily in response to direct user actions.
12. Sell, lease, or sublicense the Aerial Camping APIs or access thereto or derive revenues from the use or provision of the Aerial Camping APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.

B. Brand Assets

Comply with Aerial Camping's Brand Guidelines. Don't use the trademarks of Aerial Camping or its affiliates without written permission, including as authorized by applicable brand guidelines.

C. Things you should know

1. Aerial Camping primarily communicates with developers through email. Please ensure that the email addresses associated with your Aerial Camping account are current and that you don't filter out these messages.
2. Aerial Camping may rate limit or block apps that make a large number of calls to the API that are not primarily in response to direct user actions.
3. Enforcement is both automated and manual, and can include disabling your app, restricting you and your app's access to Aerial Camping APIs, requiring that you delete data, terminating our agreements with you or any other action that we deem appropriate.
4. Aerial Camping may change, suspend, or discontinue the availability of any Aerial Camping APIs at any time. In addition, Aerial Camping may impose limits on certain features and services or restrict your access to parts or all of the Aerial Camping APIs or the Aerial Camping website without notice or liability.
5. If Aerial Camping elects to provide you with support or modifications for the Aerial Camping APIs, this support may be terminated at any time without notice to you.
6. Aerial Camping reserves the right to charge fees for future use of or access to the Aerial Camping APIs.
7. Aerial Camping doesn't guarantee that any Aerial Camping APIs are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid.
8. Licensed Uses and Restrictions: The Aerial Camping APIs are owned by Aerial Camping and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis in accordance with these terms. Your license to the Aerial Camping APIs continues until it is terminated by either party. Please note that User Content is owned by users and not by Aerial Camping. All rights not expressly granted to you are reserved by Aerial Camping.
9. Disclaimer of Any Warranty: Aerial Camping APIs and all data derived through such APIs are provided "as is" with no warranty, express or implied, of any kind and Aerial Camping 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 non-infringement. You are solely responsible for any damage that results from the use of any Aerial Camping APIs and all any data derived through such APIs including, but not limited to, any damage to your computer system or loss of data.
10. Limitation of Liability: Aerial Camping 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 Aerial Camping APIs and any data derived through such APIs, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Aerial Camping has been advised of the possibility of such damages. Under no circumstances shall Aerial Camping be liable to you for any amount.
11. Release and Waiver: To the maximum extent permitted by applicable law, you hereby release and waive all claims against Aerial Camping, 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 Aerial Camping APIs and data derived through such APIs. 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.
12. Hold Harmless and Indemnify: To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Aerial Camping 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 Aerial Camping APIs and any data derived through the APIs, 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. Aerial Camping shall use good faith efforts to provide you with written notice of such claim, suit or action.
13. Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of the Aerial Camping API Terms, you and Aerial Camping shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You don't have any authority to assume or create any obligation for or on behalf of Aerial Camping, express or implied, and you must not attempt to bind Aerial Camping to any contract.
14. Invalidity of Specific Terms: If any provision of the Aerial Camping API Terms 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 that the other provisions remain in full force and effect.
15. No Waiver of Rights by Aerial Camping: Aerial Camping's failure to exercise or enforce any right or provision of the Aerial Camping API Terms shall not constitute a waiver of such right or provision.

4. Support.

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

5. Fees and Payments.

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

6. Disclaimer of Any Warranty.

Some of the Aerial Camping APIs may be experimental and not tested in any manner. Aerial Camping does not represent or warrant that any Aerial Camping APIs are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid.

The Aerial Camping APIs are provided "as is" with no warranty, express or implied, of any kind and Aerial Camping 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 Aerial Camping APIs is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any Aerial Camping APIs including, but not limited to, any damage to your computer system or loss of data.

7. Limitation of Liability.

Aerial Camping 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 Aerial Camping APIs, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Aerial Camping has been advised of the possibility of such damages. Under no circumstances shall Aerial Camping be liable to you for any amount.

8. 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 6 and 7 may not apply to you.

9. Release and Waiver.

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Aerial Camping, 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 Aerial Camping APIs. 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.

10. Hold Harmless and Indemnity.

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Aerial Camping 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 Aerial Camping APIs, 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. Aerial Camping shall use good faith efforts to provide you with written notice of such claim, suit or action.

11. General Terms.

Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the API Terms of Use, you and Aerial Camping 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 Aerial Camping, express or implied, and you shall not attempt to bind Aerial Camping to any contract.

Invalidity of Specific Terms. If any provision of the API 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 that the other provisions remain in full force and effect.

Location of Lawsuit and Choice of Law. The API Terms of Use and the relationship between you and Aerial Camping shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Aerial Camping agree to submit to the personal jurisdiction of the courts located within the county of San Mateo, California.

No Waiver of Rights by Aerial Camping. Aerial Camping's failure to exercise or enforce any right or provision of the API 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 API Terms of Use. Any construction or interpretation to be made of the API Terms of Use shall not be construed against the drafter. The API Terms of Use constitute the entire agreement between Aerial Camping and you with respect to the subject matter hereof.

Last Updated: July 28, 2016 16:36:00 EST