Card Hunter API Terms of Use

Thank you for using the Card Hunter application programming interfaces (the "Card Hunter API"). By using the Card Hunter API, you agree to the terms below. If you disagree with any of these terms, Blue Manchu does not grant you a license to use the Card Hunter API. We reserve the right to update and change these terms from time to time without notice.

Your license to the Card Hunter API under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the Card Hunter API. Blue Manchu may terminate the license at any time for any reason. Your rights to use the Card Hunter API terminate automatically if (i) you violate any of these terms, (ii) Blue Manchu publicly posts a written notice of termination on cardhunter.com, (iii) Blue Manchu sends a written notice of termination to you, or (iv) Blue Manchu disables access to the Card Hunter API to you.

1. Licensed Uses and Restrictions.

The Card Hunter API is owned by Blue Manchu Pty Ltd (hereinafter "Blue Manchu") and are 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 Card Hunter API, all updates, revisions, substitutions, and any copies of the Card Hunter API made by or for you. All rights not expressly granted to you are reserved by Blue Manchu.

a. You shall:

  1. Comply with the Card Hunter Terms of Service at http://www.cardhunter.com/terms-of-service/.
  2. 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.

b. You shall not:

  1. Use Card Hunter API for any application that replicates or attempts to replace the essential user experience of Card Hunter.
  2. Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use Card Hunter API.
  3. Make more than 150 http requests in one hour.
  4. Use Card Hunter API for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
  5. Use Card Hunter 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.
  6. Use Card Hunter API in a manner that adversely impacts the stability of Card Hunter servers or adversely impacts the behavior of other applications using the Card Hunter API.
  7. Sell, lease, or sublicense Card Hunter API or access thereto or derive revenues from the use or provision of Card Hunter API, whether for direct commercial or monetary gain or otherwise, except as set forth below.

2. Attribution.

  1. You shall not use "Card Hunter" or "cardhunter" in the hostname of your application, e.g. cardhunter.mydomain.com
  2. You shall place the following notice prominently on your application: "This product uses the Card Hunter API but is not endorsed or certified by Blue Manchu."
  3. You may not use the Card Hunter or Blue Manchu logos without specific written permission from Blue Manchu.
  4. Any use of the Card Hunter logo in your application shall be less prominent than the logo or mark that primarily describes the application and your use of the Card Hunter logo shall not imply any endorsement by Blue Manchu.

3. Ownership and Relationship of Parties.

The Card Hunter API may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Australia, the U.S. and other countries. Blue Manchu's rights apply to the Card Hunter API and all output and executables of the Card Hunter API, excluding any software components developed by you which do not themselves incorporate the Card Hunter API or any output or executables of the Card Hunter 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. Blue Manchu owns all rights, title, and interest in and to the Card Hunter API. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Blue Manchu, including (but not limited to) the Card Hunter API and Card Hunter trademark.

4. Support.

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

5. Fees and Payments.

Blue Manchu is committed to free and open access to our APIs for commercial and non-commercial purposes, provided that they adhere to the terms outlaid in this document.

6. Disclaimer of Any Warranty.

SOME OF THE CARD HUNTER API MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. BLUE MANCHU DOES NOT REPRESENT OR WARRANT THAT ANY CARD HUNTER API IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

THE CARD HUNTER API IS PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND BLUE MANCHU EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.

YOUR USE OF CARD HUNTER API IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY Card Hunter API INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

7. Limitation of Liability.

BLUE MANCHU 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 Card Hunter 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 BLUE MANCHU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL BLUE MANCHU BE LIABLE TO YOU FOR ANY AMOUNT.

8. Release and Waiver.

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Blue Manchu, 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 Card Hunter API. 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.

9. Hold Harmless and Indemnity.

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

10. General Terms.

  1. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and Blue Manchu 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 Blue Manchu, express or implied, and you shall not attempt to bind Blue Manchu to any contract.
  2. 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.
  3. Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between you and Blue Manchu shall be governed by the laws of Australia. You and Blue Manchu agree to submit to the personal jurisdiction of the courts located within the state of New South Wales, Australia.
  4. No Waiver of Rights by Blue Manchu. Blue Manchu'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.
  5. 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 Blue Manchu and you with respect to the subject matter hereof.