Preamble

 

The Spideo Personalization Platform provides tools to build recommendation features and smart data around your content and users. Spideo’s unique API-based solution helps content providers and distributors better understand, engage with and monetize their users. The Spideo Test API and the present platform are published by Spideo, a simplified joint-stock company with a capital of 133 791 euros, headquartered in Paris, France, and registered in the Paris Trade and Companies Register under the number 521 942 763. Director of publication: Thibault D’ORSO. The API portal is hosted by Apigee USA - Google Moffett Place Campus, Building 1 1155 Borregas Ave, Sunnyvale, CA 94089. The general Terms and Conditions of the Spideo Test API are defined below. Spideo and Users (as defined below) agree as follows (also individually designated the "Party" or collectively the "Parties").

 

 

1 Definitions

 

"Database" means database containing the information about the movies, videos and TV shows and User activity, made available through the Spideo Test API. This database uses Spideo Metadata. It is created and resourced exclusively by SPIDEO.

"Information" means the response elements transmitted to the User as a result of a Request on the Test API, including the Spideo Data. “Request” means a query to the Spideo product endpoints.

Spideo Metadata” means the advanced data produced by SPIDEO: weighted, categorised and clustered keywords associated with every content piece.

"Test API" refers to the programming interface that allows information to be obtained as a result of a Request.

"User" means any natural or legal person using the Test API and exercising the rights provided for in the Terms and Conditions

 

2 Purpose

The purpose of the Terms and Conditions is to define the terms and conditions of use of the Test API by the User in order to obtain Information. Spideo remains free to conclude agreements separate from the Terms and Conditions with Users. Spideo may amend or modify the Terms and Conditions in its sole discretion with or without notice to Users. In the event of such amendment or modification, Users agree that any amendment or modification supersedes all prior versions of the Terms and Conditions, and that Users shall be bound by such amendment or modification.

 

3 Property

Spideo holds all the intellectual property rights, including the Test API, the Database, Spideo Metadata and Information. Only Spideo can contractually define the conditions of use. Spideo retains full ownership of all title and property rights attached thereto. None of these rights of ownership is transferred to the User.

 

4 Rights

4.1 License of use

Spideo grants the User a worldwide, non-exclusive and personal license to use the Test API and the Spideo Metadata.

 

4.2 Restrictions

The User has nothing but the rights expressly granted herein on the Test API and the Spideo Metadata. In particular: -the User is not authorized to reproduce, in any way whatsoever, the Test API; -the User is not authorized to copy, modify, transmit, store, display, rent, sell, lend or distribute the Test API in whole or in part; -the User is not authorized to translate, adapt, arrange or alter in any other way, all or part of the Test API; -the User may observe, study or test the functioning of the Test API when acting only in accordance with the Terms and Conditions; -Spideo has the exclusive right to correct the Test API; -the User will refrain from any use of the Test API or Information that would be contrary to the laws and regulations or to the public order or any other use that harms the brand image of Spideo or whose purpose or to have the effect of harming Spideo. Failure to comply with this obligation shall result in the termination of the Terms and Conditions without notice and with immediate effect; -the User must not make a modification of the Information that would have the effect or the purpose of transmitting incorrect information to Users.

 

4.3 No license to use the Spideo brand

Unless otherwise agreed, Spideo does not grant Users any rights to use the Spideo brand.

 

5 Financial conditions

The right to use the Test API and Spideo Metadata from the Test API is granted free of charge provided that the number of Requests does not exceed 5 per second. Beyond the number of Requests indicated above, the User is invited to contact Spideo at the following address: support@spideo.tv The User agrees not to put in place means that would have the effect or purpose of misleading Spideo on the number of Requests.

 

6 Creating an account - Personal data

To use the Test API, the User will be required to use a key ("token") that is generated after the sign up process. Spideo reserves the right to close a User's account and terminate the use of the Test API in accordance with Article 9. The personal data collected is processed in accordance with the law 78-17 of January 6, 1978 and the GDPR. The User may exercise his / her right of access, rectification and opposition at any moment by contacting support@spideo.tv Spideo is the data controller. The User personal data is processed for contractual relationship management purposes and is necessary for the creation of API keys and User accounts.

 

7 Spideo Obligations

7.1 Access to the Test API

Unless otherwise stipulated otherwise, Spideo makes no commitment regarding the availability of the Test API and the correction of the malfunctions affecting the Test API. Spideo reserves the right to interrupt access to the Test API exceptionally and for a limited time in order to carry out technical maintenance interventions, or where there is a risk of infringement of public order or traveler and network security. The User is invited to consult the FAQ accessible at the address http://developers.spideo.tv/faq-page in case of difficulties with the Test API. The User can also send a Request for assistance by email at support@spideo.tv. Spideo does not make any commitment regarding the response time to the Request for assistance sent by the User.

 

7.2 Information

Spideo makes available to Users: information on developments that could have an impact on the functioning of the Test API, such as a change in the organization of the content and the format of the Data, a change in the technical terms of implementation available to the Test API, or information on events of which it is aware that could disrupt the provision of the Database. Users are solely responsible for assessing: -the opportunity to use the Test API and Information; -the compatibility of the Test API and Information with its systems; -the adequacy of the Information to its needs or those of the Users; They have the skills and tools to use the Test API and Information.

 

8 Warranty and Liability

The Test API and Information are granted "as is" by Spideo, without any guarantee whatsoever, whether express, implied or derived from the law or use. The User acknowledges and accepts that the Test API is made available as is and that the Information is provided by Spideo as is, without any guarantee, express or implied. Likewise, the Information is provided for informational purposes and not for any particular purpose. In addition, due to the nature of the Information, their use may be subject to certain conditions or restrictions for reasons relating in particular to the safety and quality of the service rendered by Spideo. The User will use the Test API and the Information in accordance with the terms of the Terms and Conditions, under his / her sole responsibility and at his / her own risk, without recourse against Spideo. Any damage that the User and / or third parties may incur as a result of the use of the Information is the sole responsibility of the User. In case of recourse against Spideo by a third party as a result of the Information, the User will bear the consequences, in particular the financial consequences. Spideo is in no way responsible for the elements that the User uses, such as API connection tools, hardware, software, networks, etc. used to view and / or process the Information. In particular, Spideo is exempt from all liability for peaceful enjoyment and any implied warranty, the absence of a breach, the accuracy or completeness, the presence or absence of errors, the suitability for a particular use, the market or other quality, or the discontinuity, the suspension or the temporary or permanent interruption of the provision of the Test API and the Information. Subject to any liability that cannot legally be excluded or limited, Spideo cannot be held responsible for any loss or damage caused by the User or a third party, in any way whatever, to any person within the framework of the Terms and Conditions. This disclaimer includes, in particular, any indirect, specific, incidental, consequential, punitive or exemplary damages such as loss of profits, loss of data, loss of expected profits or markets. This exemption applies even if Spideo has been informed of the possibility of such damage occurring. If liability cannot be legally excluded, it will be limited to actual and direct financial losses to the extent that they are attributable to proven negligence of Spideo.

 

9 Suspension and Termination

Spideo may suspend access to the API without prior notification if the API is used that does not comply with the Terms and Conditions. Spideo may terminate the Terms and Conditions without notice and by notice to the Users, in the event of the User's breach of his / her obligations, without the latter being able to claim any compensation.

 

10 Divisibility

To the fullest extent permitted by law, the invalidity, unenforceability, ineffectiveness or inability to enforce a stipulation of the Terms and Conditions will not affect the validity, enforceability, effectiveness, and enforceability of other stipulations, which will continue to find application.

 

11 Non-waiver

Subject to the mandatory rules of law relating to limitation, the fact that a Party does not exercise a right or remedy at a time when it is entitled to do so, or only partially or improperly or delay, shall not be considered as having the effect of limiting the scope of such right or remedy, or constituting a waiver of such right or remedy or any other right or remedy whatsoever, and shall not authorize the other Party to refuse to execute all or part of its obligations under the Terms and Conditions.

 

12 Relations between the Parties

The Parties act as independent contractors. The Terms and Conditions shall not, under any circumstances, be interpreted as conferring on one of the Parties the status of agent, commission agent, distributor, representative or principal of the other. Neither Party undertakes under the Terms and Conditions or otherwise to assume any regulatory or contractual obligation incumbent upon the other Party or to interfere in the conduct of the affairs of the other Party.

 

13 Jurisdiction

These Conditions are subject to French law. If the Parties have not found an amicable solution within fifteen (15) days for any dispute arising about the interpretation or execution of the Terms and Conditions, competence shall be assigned to the competent courts of Paris.