Introduction

Thank you for using Crea Visual LLC's Aegis Optikon APIs, other developer services, and associated software (collectively, "Aegis Optikon APIs"). By accessing or using our Aegis Optikon APIs, you are agreeing to the terms below.

You agree to comply with the Terms and that the Terms control your relationship with us. So please read all the Terms carefully.

If you use the Aegis Optikon APIs as an interface to, or in conjunction with other Crea Visual LLC products or services, then the terms for those other products or services also apply.

1. Account and Registration

1.1 Accepting the Terms

You may not use the Aegis Optikon APIs and may not accept the Terms if:

• You are not of legal age to form a binding contract with Crea Visual LLC, or
• You are a person barred from using or receiving the Aegis Optikon APIs under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the Aegis Optikon APIs.

1.2 Entity Level Acceptance

If you are using the Aegis Optikon APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).

1.3 Registration

In order to access certain Aegis Optikon APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the Aegis Optikon APIs, or as part of your continued use of the Aegis Optikon APIs. Any registration information you give to Crea Visual LLC will always be accurate and up to date and you'll inform us promptly of any updates.

2. Using Our Aegis Optikon APIs

2.1 Your End Users

You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms.

2.2 Compliance with Law, Third Party Rights, and Other Terms

You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the Aegis Optikon APIs to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with Crea Visual LLC (or its affiliates).

2.3 Permitted Access

You will only access (or attempt to access) an API by the means described in the documentation of that API. If Crea Visual LLC assigns you developer credentials (e.g. client IDs), you must use them with the applicable Aegis Optikon APIs. You will not misrepresent or mask either your identity or your API Client's identity when using the Aegis Optikon APIs or developer accounts.

2.4 API Limitations

Crea Visual LLC sets and enforces limits on your use of the Aegis Optikon APIs (e.g. limiting the number of API requests that you may make or the amount of bytes you may request), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API.

2.5 Open Source Software

Some of the software required by or included in our Aegis Optikon APIs may be offered under an open source license. Open source software licenses constitute separate written agreements. For certain Aegis Optikon APIs, open source software is listed in the documentation. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with Crea Visual LLC for the applicable open source software.

2.6 Communication

We may send you certain communications in connection with your use of the Aegis Optikon APIs. Please review the applicable API documentation for information about opting out of certain types of communication.

2.7 Feedback

If you provide feedback or suggestions about our Aegis Optikon APIs, then we (and those we allow) may use such information without obligation to you.

2.8 Non-Exclusivity

The Terms are non-exclusive. You acknowledge that Crea Visual LLC may develop products or services that may compete with the API Clients or any other products or services.

3. Your API Clients

3.1 API Clients and Monitoring

The Aegis Optikon APIs are designed to help you enhance your websites and applications ("API Client(s)").

This monitoring may include Crea Visual LLC accessing and using your API Client, for example to identify security issues that could affect Crea Visual LLC or its users. You will not interfere with this monitoring. Crea Visual LLC may use any technical means to overcome such interference. Crea Visual LLC may suspend access to the Aegis Optikon APIs by you or your API Client without notice if we reasonably believe that you are in violation of the Terms.

3.2 Security

You will use commercially reasonable efforts to protect user information collected by your API Client, including personal data, from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information to the extent required by applicable law.

3.3 Ownership

Crea Visual LLC does not acquire ownership in your API Clients, and by using our Aegis Optikon APIs, you do not acquire ownership of any rights in our Aegis Optikon APIs or the content that is accessed through our Aegis Optikon APIs.

3.4 User Privacy and API Clients

You will comply with (1) all applicable privacy laws and regulations including those applying to personal data and (2) the Crea Visual LLC API Services User Data Policy, which governs your use of the Aegis Optikon APIs when you request access to Crea Visual LLC user information.

You will provide and adhere to a privacy policy for your API Client that clearly and accurately describes to users of your API Client what user information you collect and how you use and share such information (including for advertising) with Crea Visual LLC and third parties.

4. Prohibitions and Confidentiality

4.1 API Prohibitions

When using the Aegis Optikon APIs, you may not (or allow those acting on your behalf to):

• Sublicense an API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the Aegis Optikon APIs and offer it for use by third parties.
• Perform an action with the intent of introducing to Crea Visual LLC products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
• Defame, abuse, harass, stalk, or threaten others.
• Interfere with or disrupt the Aegis Optikon APIs or the servers or networks providing the Aegis Optikon APIs.
• Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
• Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
• Use the Aegis Optikon APIs for any activities where the use or failure of the Aegis Optikon APIs could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
• Use the Aegis Optikon APIs to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State.
• Remove, obscure, or alter any Crea Visual LLC terms of service or any links to or notices of those terms.

4.2 Confidential Matters

Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials. Developer credentials may not be embedded in open source projects.

Our communications to you and our Aegis Optikon APIs may contain Crea Visual LLC confidential information. Crea Visual LLC confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Crea Visual LLC's prior written consent.

4.3 Prohibitions on Content

Unless expressly permitted by the content owner or by applicable law, you will not, and will not permit your end users or others acting on your behalf to, do the following with content returned from the Aegis Optikon APIs:

• Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
• Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;
• Misrepresent the source or ownership; or
• Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.

5. Brand Features; Attribution

5.1 Brand Features

"Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party's Brand Features. All use by you of Crea Visual LLC's Brand Features (including any goodwill associated therewith) will inure to the benefit of Crea Visual LLC.

5.2 Attribution

You agree to display any attribution(s) required by Crea Visual LLC as described in the documentation for the API. Crea Visual LLC hereby grants to you a nontransferable, nonsublicenseable, nonexclusive license while the Terms are in effect to display Crea Visual LLC's Brand Features for the purpose of promoting or advertising that you use the Aegis Optikon APIs.

You must only use the Crea Visual LLC Brand Features in accordance with the Terms and for the purpose of fulfilling your obligations under this Section. In using Crea Visual LLC's Brand Features, you must follow the Crea Visual LLC Brand Features Use Guidelines. You understand and agree that Crea Visual LLC has the sole discretion to determine whether your attribution(s) and use of Crea Visual LLC's Brand Features are in accordance with the above requirements and guidelines.

5.3 Publicity

You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by, or endorsement by Crea Visual LLC without Crea Visual LLC's prior written approval.

5.4 Promotional and Marketing Use

In the course of promoting, marketing, or demonstrating the Aegis Optikon APIs you are using and the associated Crea Visual LLC products, Crea Visual LLC may produce and distribute incidental depictions, including screenshots, video, or other content from your API Client, and may use your company or product name. You grant us all necessary rights for the above purposes.

6. Privacy and Copyright Protection

6.1 Privacy Policies

By using our Aegis Optikon APIs, Crea Visual LLC may use submitted information in accordance with our privacy policies.

6.2 DMCA Policy

We provide information to help copyright holders manage their intellectual property online, but we can't determine whether something is being used legally or not without their input. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can contact us through our contact form.

7. Termination

7.1 Termination

You may stop using our Aegis Optikon APIs at any time with or without notice. Further, if you want to terminate the Terms, you must provide Crea Visual LLC with prior written notice and upon termination, cease your use of the applicable Aegis Optikon APIs. Crea Visual LLC reserves the right to terminate the Terms with you or discontinue the Aegis Optikon APIs or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.

7.2 Your Obligations Post-Termination

Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the Crea Visual LLC Brand Features, and delete any cached or stored content that was permitted by the cache header. Crea Visual LLC may independently communicate with any account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API.

7.3 Surviving Provisions

When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections relating to Confidential Matters, Prohibitions on Content, Termination, Liability, and General Provisions.

8. Liability for Our Aegis Optikon APIs

8.1 Warranties

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.

8.2 Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Crea Visual LLC, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE Aegis Optikon APIs (OR, IF WE CHOOSE, TO SUPPLYING YOU THE Aegis Optikon APIs AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

IN ALL CASES, Crea Visual LLC, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

8.3 Indemnification

Unless prohibited by applicable law, if you are a business, you will defend and indemnify Crea Visual LLC, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:

• your misuse or your end user's misuse of the Aegis Optikon APIs;
• your violation or your end user's violation of the Terms; or
• any content or data routed into or used with the Aegis Optikon APIs by you, those acting on your behalf, or your end users.

9. General Provisions

9.1 Modification

We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our Aegis Optikon APIs. You should look at the Terms regularly. We'll post notice of modifications to the Terms within the documentation of each applicable API, to this website, and/or in the Crea Visual LLC developers console.

9.2 U.S. Federal Agency Entities

The Aegis Optikon APIs were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.

9.3 General Legal Terms

We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship.

The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party's ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and Crea Visual LLC does not take action right away, this does not mean that Crea Visual LLC is giving up any rights that it may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and Crea Visual LLC relating to its subject and supersede any prior or contemporaneous agreements on that subject.

9.4 Governing Law and Jurisdiction

If you are accepting the Terms on behalf of a United States federal government entity, then the following applies instead of the paragraph above: the laws of the United States of America, excluding its conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the Aegis Optikon APIs. Solely to the extent permitted by United States Federal law: (i) the laws of the State of Wyoming (excluding Wyoming's conflict of laws rules) will apply in the absence of applicable federal law; and (ii) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE Aegis Optikon APIs, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE FEDERAL OR STATE COURTS OF THE DISTRICT OF WYOMING, WYOMING, USA.

If you are accepting the Terms on behalf of a United States city, county, or state government entity, then the following applies instead of the paragraph above: the parties agree to remain silent regarding governing law and venue.