Marvel will determine in its sole discretion the APIs (and related Content) and Tools available in the Marvel API, and Marvel reserves the right to add, remove and/or modify any or all of the available APIs at any time in its sole discretion, Marvel may impose certain requirements with respect to the use of Marvel trademarks, logos or other intellectual property or proprietary content (collectively, "Marvel Property") in Apps that use or access any API, including, for example, whether an App must be Marvel-branded, how Marvel Property must appear in an App, how much Content may be used in an App, and the amount of times particular Content may be displayed in an App.
Each prospective developer must complete a brief online registration form (found here: http://developer.marvel.com/account) that may include, without limitation: Your contact information, a description of the App(s) you intend to develop, the APIs or Tools that you intend to access, the intended audience for your App (i.e., the territories you plan to make your App available in), and whether your App is a standalone Marvel-only App or an App through which Content is being made available along with content from any other person or entity.
The following default rules apply to all Apps:
Advertising. No advertising or sponsorship of any kind may appear on or be associated with any App (unless included in the Content made available by Marvel).
No Charge. All Apps must be offered free of charge to download or otherwise access and may not contain any in-App purchase features or any other method of monetization, unless approved in writing by Marvel pursuant to a separate written agreement as described below.
If you are interested in creating an App that is paid and/or contains monetization features, please contact us at Marvelemail@example.com to discuss a potential business relationship. All for-profit Apps must be pre-approved in writing by Marvel (such approval to be granted or withheld in Marvel's sole discretion). To the extent any for-profit Apps are approved in writing by Marvel (in its sole discretion), you will be solely responsible for any and all taxes due in connection with the distribution of such App in any territory.
Your License to Marvel. You grant to Marvel a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sublicenseable and transferable (in whole or in part) worldwide license to use, in all means and media now known or hereafter devised, the information you provide about yourself, your company and your App in connection with Marvel's descriptions, marketing or promotion of the Marvel API, and the Apps developed through it. This license does not give Marvel the right to sell products containing your name or likeness, absent your prior written approval.
The following obligations apply to your use of the Marvel API (and related Content) and Tools:
Security. You agree to implement and maintain industry-standard security measures when accessing and handling the Marvel API (and related Content) and Tools. You will report to Marvel any violations of the security of your systems that access the Marvel API or provide access to Content or Tools. Marvel may investigate your compliance with the security measures you have established for your Apps.
Use of Marvel Property. As a condition to launching an App, Marvel may require that you use certain Marvel Property including, without limitation, Marvel Marks. Marvel shall have sole discretion to determine the Marvel Property to be used in connection with a particular App, if any, and the terms governing use of such Marvel Property. You may not create derivatives of Marvel Property, or use the "Marvel" name or any other Marvel Marks in the title of your App without Marvel's prior written approval. Your use of Marvel Property, the Marvel API (and related Content) and Tools may not (i) imply in any way that Marvel endorses your or your company's products/services or (ii) portray Marvel in a negative manner (as determined by Marvel in its sole discretion).
Use of our Content. You may not change or edit the Content (e.g., modify, augment). You agree to follow Marvel's attribution and linking rules, as set forth here: http://developer.marvel.com/documentation/attribution. You also agree to delete any Content upon Marvel's request (or if Marvel disables the Marvel API (or upon termination, see below)). You agree to configure your Apps to request only Content that is needed by such App. You may not (except with Marvel's prior written approval): (i) use any Content, or the Marvel API or Tools for any commercial purpose; or (ii) redistribute the Content or Tools except within your Apps.
Storage. You may not indefinitely cache Content and further agree to follow the content retention rules, as set forth here: http://developer.marvel.com/documentation/attribution.
Your Apps; Compliance With Applicable Laws; No Endorsement by Marvel. You agree to maintain your Apps and your systems in accordance with industry standard quality levels. Further, you agree that your Apps and your systems will comply with all applicable laws, rules and regulations (including, without limitation, privacy laws such as COPPA) of the United States and other countries, as applicable, and you understand that you are solely responsible for ensuring that your Apps comply with such laws. The Marvel API (and related Content) and Tools may be protected by copyrights, trademarks, service marks, patents, international treaties, and/or other intellectual property or proprietary rights. You agree to abide by all notices and/or restrictions applicable to the use of any APIs (and related Content) and Tools.
Third Party Content. If any third party names, trademarks, logos or other intellectual property or proprietary content in any format (e.g., text, audio, audio-visual) (collectively, "Third Party Content") are included in your App, you represent that you own or have all necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use or exploit such Third Party Content in your App. In addition, you may not imply (in your App or otherwise) that any Third Party Content is endorsed by Marvel.
API Volume. Marvel will set a "call volume" for services Marvel API. Please see your developer account page at http://developer.marvel.com/account for the current applicable rate limits on the services you use. You agree to notify Marvel promptly in writing (via e-mail) if you believe you need to exceed the expected call volumes.
Use of the Developer Keys . Marvel will provide a "Developer Key" in connection with your access and use of the APIs. Marvel may grant or remove a Developer Key for any reason in its sole discretion. Developer Keys are personal to you. You are responsible for maintaining the secrecy and security of your Developer Keys. Marvel will provide a link for "Developer Key" retrieval and/or replacement in the event you are unable to remember or use your key. Please see http://developer.marvel.com/help for more information on this. You may not transfer Developer Keys to any other person or entity without Marvel's prior written approval.
Marvel may make available to you a Tool or other API that permits you to include Marvel-approved advertising in your Apps. Unless otherwise set forth in the Information Form or on a separate "Advertising Addendum," you may not include any advertising or sponsorship in your App (unless included in the Content made available by Marvel).
THE Marvel API, CONTENT AND TOOLS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. YOUR USE OF THE Marvel API, CONTENT AND TOOLS IS AT YOUR OWN DISCRETION AND RISK. WE DO NOT WARRANT THAT ANY APIs, CONTENT OR TOOLS WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY API (OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE) OR TOOL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF TOOLS OR ANY CONTENT MADE AVAILABLE THROUGH THE Marvel API. YOU HEREBY WAIVE ANY CLAIM AGAINST US WITH RESPECT THERETO.
UNDER NO CIRCUMSTANCES SHALL MARVEL BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH USE OF THE MARVEL API, CONTENT OR TOOLS, EVEN IF MARVEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MARVEL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID (IF ANY) FOR ACCESSING OR USING THE APIS (AND RELATED CONTENT) OR TOOLS, OR $100, WHICHEVER IS LESS.
Marvel shall have the right at all times to limit and/or prevent you from accessing, or terminate your use of, the Marvel API (and related Content) or Tool at any time for any reason in its sole discretion, without notice, including for example if Marvel determines your request volume is excessive, that you are misusing the Marvel API, Content or Tool, or if Marvel receives a complaint or otherwise becomes aware that you or your App is violating a law or policy or the rights of any person or entity. Marvel may also suspend or cease making the Marvel API (and related Content) and Tools available at any time for any reason in its sole discretion. You may also terminate by ceasing to use any and all of the Marvel API (and related Content) and Tools. Upon termination for any reason, you will cease using the Marvel API (and related Content) and Tools and take reasonable steps to remove your Apps from all distribution outlets in which they are available.