Last modified: April 17, 2013
- The “oDesk API” is a set of web-based services providing programmatic access to oDesk systems and data, together with all updates, revisions, and copies.
- The “Content” is data or content from the Site, made accessible by oDesk in its sole discretion.
- The “Application” is the software application, website or other client that you develop, own or operate that interfaces with the oDesk API in order to retrieve or interact with the Content
- An “End User” is a person who uses the Application in connection with the End User’s oDesk account.
- “End User Data” is data entered into the oDesk Platform by an End User.
a. In consideration of this license, you agree to:
b. In consideration of this license, you agree not to:
- Provide accurate identification, contact, and other information required to obtain a set of authentication keys from oDesk.
- Create only a single set of authentication keys per Application. These authentication keys must accompany all web services requests coming from that Application.
- Ensure that the fundamental meaning of the Content is not changed or distorted.
- Ensure that the use of the oDesk API or the display of the Content does not suggest that oDesk promotes or endorses you or any third party or the causes, ideas, websites, products or services of you or any third party.
- Ensure that any URLs that are presented by your Application:
- are represented, unaltered, as hyperlinks, and
- direct the user, when clicked, to the source website.
- never block a search engine from following the rendered hyperlink (e.g., by including a rel="nofollow", or through any other means)
- Create any script or other automated tool that attempts to create multiple API authentication keys in order to bypass the limitations set by oDesk.
- Attempt to cloak, conceal or misrepresent your identity or your Application’s identity when requesting authorization to use the oDesk API.
- Use the oDesk API for any Application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code, any hacking, surveillance, interception, or descrambling equipment, pornography, or professional services regulated by state licensing regimes.
- Display the name, logo, trademark or other identifier of a person in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Application or Content if such person is not.
- Display content that falsely expresses or implies that such content is sponsored or endorsed by oDesk;
- Implement features or business practices that harm the professional reputation, relationships, or professional ecosystem of oDesk or its End Users.
- Use the oDesk API in an Application that competes with products or services offered by oDesk.
- Interfere with or disrupt oDesk services or servers or networks connected to oDesk services, or disobey any requirements, procedures, policies or regulations of networks connected to oDesk service.
- Archive any of the Content for access by End Users after your access to the oDesk API is terminated.
- Use the oDesk 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, or in any manner inconsistent with the oDesk Policies or the oDesk User Agreement.
- Sell, lease, share, transfer, or sublicense the oDesk API or access or access codes thereto.
- Use the oDesk API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the oDesk API documentation located within http://developers.odesk.com as determined by oDesk in its sole discretion.
4. End User Data
- You should only request the End User Data you need to operate your Application.
- You should display a clear policy explaining to End Users what End User Data your Application accesses and how it is used
- You must not sell End User Data or use it in any malicious way, and you are solely responsible for protecting End User Data from unauthorized access
- You must delete all End User Data, if the associated End User so requests
5. oDesk Independent Development.
- oDesk publicly posts a written notice of termination on the oDesk Developer Network, currently located at http://developers.odesk.com
- oDesk sends a written notice of termination to you, or
- oDesk ceases providing access to the oDesk API to you.
oDesk does not guarantee any up-time for any oDesk developer resource, including the oDesk API. oDesk may elect to provide you with support, updates, or enhancements for the oDesk API, in its sole discretion, and may terminate such support at any time without notice to You. oDesk may change, suspend, or discontinue any aspect of the oDesk API at any time, including the availability of the oDesk API. oDesk may also impose limits on certain features and services or restrict your access to parts or all of the oDesk API or the website located at www.odesk.com without notice or liability.
oDesk currently provides the oDesk API without charge. However, oDesk reserves the right to charge fees for future use of or access to the oDesk API in oDesk’s sole discretion. You may not charge a fee to End Users of your Application unless you have a written agreement with oDesk.
10. Disclaimer of Any Warranty.
THE ODESK API IS EXPERIMENTAL AND HAS NOT BEEN TESTED IN ANY MANNER. ODESK DOES NOT REPRESENT OR WARRANT THAT THE ODESK API IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.THE ODESK API IS PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND ODESK 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 ODESK API IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY ODESK API INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
11. Limitation of Liability.
You shall indemnify, defend and hold harmless oDesk and its subsidiaries, affiliates, officers, agents, employees, representatives and agents from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to (i) your use of the API, or (ii) your Application, including without limitation infringement of the Proprietary Rights or other rights of any third party or any disclosure, misuse or loss of End User Data.
- No Waiver. The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of each party.