- the LOVEFiLM API Welcome Page at http://developer.lovefilm.com/;
- the LOVEFiLM Terms and Conditions at http://www.lovefilm.com/info/terms_and_conditions.html;
- the LOVEFiLM branding guidelines at http://developer.lovefilm.com/docs/Additional_Information/Brand_Guidelines; and
2. LOVEFiLM API Suite, Restrictions and Licences
2.1 The LOVEFiLM API. The LOVEFiLM API Programme consists of a suite of APIs, and associated tools and documentation that allow you to create software applications or widgets (each an “Application”).
2.3 Modifications to the LOVEFiLM API and the Data. LOVEFiLM reserves the right at any time and without notice to: (i) release new versions of the LOVEFiLM API and the Data; (ii) require you to obtain and use the most recent version and discontinue using previous LOVEFiLM API and Data versions; (iii) extend or reduce the volume of, or deprecate any feature of, the LOVEFiLM API and the Data; (iv) include advertising or any other materials in any portion of the LOVEFiLM API and the Data; and (v) charge for your use of any currently freely available LOVEFiLM API and the Data in the future.
2.4 LOVEFiLM API and Data Availability. The LOVEFiLM API and the Data is made available for the creation of Applications to be available to end users anywhere in the world, however, you accept that certain functionality of the LOVEFiLM websites shall only be available to users of LOVEFiLM’s services in the territories in which those services are offered. You must create a developer account to obtain the LOVEFiLM API and the Data. Each account may only be established with one email address. LOVEFiLM may, without liability to you and in its sole discretion, refuse to permit your use of the LOVEFiLM API and the Data with a particular Application. To access your account you will be issued with a unique security key or other credentials (collectively, “API Keys”). You must only access your account with the API Key issued to you by LOVEFiLM and you accept that access may not always be available. You are fully responsible for (i) maintaining the secrecy and security of your API Keys; (ii) all activities that occur using your API Keys (whether such activities are undertaken by you or a third party); and (iii) maintaining up-to-date and accurate information as we require for your account as set out in the LOVEFiLM API developer registration page. If you do not comply with any of your responsibilities it may jeopardize your continued access to the LOVEFiLM API and the Data. You may not sell, transfer, sublicense or otherwise dispose of or disclose your API Keys to any other party. You may only use your API Key for the Application that you applied for.
- any (in LOVEFiLM’s sole view) inappropriate, defamatory, infringing, obscene, or unlawful content; or
- any content that infringes or is likely to infringe any patent, trade mark, copyright, trade secret or other proprietary right of any party; or
- messages that promote chain letters, pyramid schemes, or any other form of promotional communication; or
- anything else prohibited by law, regulation or industry codes relating to advertising, marketing or promotions.
2.8 Commercial Use. The LOVEFiLM API is made available without charge to you to so that you can create great Applications. In receiving access to the LOVEFiLM API you agree that: (i) any commercial use is subject always to any limitations or conditions as advised to you by LOVEFiLM at any time; (ii) you shall not create Applications that are in any way competitive with or otherwise detrimental to LOVEFiLM or its licensors, licensees, affiliates, partners or shareholders; (iii) you shall not modify, obscure or delete in your Application any advertising or any other similar materials included by LOVEFiLM in the LOVEFiLM API; and (iv) your Applications must not use Data other than for the benefit of LOVEFiLM’s members.
2.9 Display of Data. You may not: (i) omit, modify or obscure the text, images, artwork, logos, copyright or similar notices or other aspect of any Data other than to re-size graphic images while maintaining the image’s relative proportions; (ii) with respect to textual Data received from the LOVEFiLM API you may omit some of the Data offered (e.g., you may choose to display some of titles, synopses, availability dates, acting credits, etc., without displaying them all) so long as you do not alter, modify or edit the Data you choose to display; or (iii) except where your Application is not web-enabled, modify, obscure or otherwise disable the functioning of links to LOVEFiLM or third-party applications or websites provided within Data. If your display of the Data is unacceptable to LOVEFiLM for any reason, including if, in LOVEFiLM’s sole opinion, your display damages or in any other way impairs the value of the Data or any of its contents, LOVEFiLM may require that you immediately change or cease your display of such Data.
2.10 Data and Other Data Retention. If notified by LOVEFiLM, you must delete all Data in your possession or control in any format (including if we notify you that a particular LOVEFiLM user has requested that their information be made inaccessible to your Application, or if we notify you that a particular LOVEFiLM partner has data is to be made inaccessible to your Application at any time) or upon termination of this Agreement or your use of the LOVEFiLM API.
2.11 API Support. LOVEFiLM is not obliged to provide you or users of your Applications with support, software upgrades, enhancements, or modifications to the LOVEFiLM API (“API Support”). If LOVEFiLM provides API Support at any time, such provision shall be subject to the terms of clause 8 below. LOVEFiLM may terminate the provision of any API Support at any time in its sole discretion without notice to you. You agree that you are solely responsible for providing user support and any other technical assistance for your Applications. LOVEFiLM may redirect users and potential users of your Application to your email address on your account for any inquiries about your Application including support questions.
3. Register and Gallery
3.1 LOVEFiLM may maintain a register of developers using the LOVEFiLM API and/or the Applications (“Register”) and may choose to promote some of those Applications in an Application gallery (“Gallery”) but the inclusion of any developer or Application in a Register and/or Gallery is at LOVEFiLM’s sole discretion.
3.2 LOVEFiLM may require you to submit your Application for review for inclusion in a Register. If you receive such a request you shall promptly comply and, for such review, waive any fees or subscriptions usually associated with the Application. LOVEFiLM may also ask for additional information about your Application, including its object and/or source code, which LOVEFiLM may use solely for purposes of evaluating it for submission in a Register and/or Gallery.
4. Proprietary Rights
4.1 LOVEFiLM Materials. As between you and LOVEFiLM, LOVEFiLM or its licensors retain all right, title and interest, including without limitation all intellectual property rights, in and to: (i) the LOVEFiLM API and any and all components and elements of it; (ii) the Data; (iii) all trade names, trade marks, service marks, logos, copyright notices, domain names, and other distinctive brands of LOVEFiLM (together the “LOVEFiLM Brands”); and (iv) any suggestions, comments, improvements, ideas or other feedback about LOVEFiLM’s services, the Data, the LOVEFiLM API, or any applications LOVEFiLM may be developing (“Ideas”). If you elect to provide LOVEFiLM with any Ideas you assign all right, title and interest in and to such Ideas to us, and acknowledge that we will be entitled to use, implement and exploit any such Ideas in any manner without restriction, and without any obligation of confidentiality, attribution or compensation or other duty to account. Together (i), (ii), (iii) and (iv) above shall constitute the “LOVEFiLM Materials”.
4.2 Further Assurance. At any time you agree to take such actions or procure the doing of such actions, including, without limitation, execution of affidavits or other documents, as LOVEFiLM may reasonably request to effect, perfect or confirm LOVEFiLM’s rights to the LOVEFiLM Materials.
4.5 LOVEFiLM Brands Restrictions. All use by you of LOVEFiLM Brands (including any goodwill associated therewith) shall inure to the benefit of LOVEFiLM. In using the LOVEFiLM API Marks pursuant to clause 4.3, you must comply with any branding guidelines issued by LOVEFiLM from time to time and you must not use or display a LOVEFiLM API Mark: (i) to suggest editorial content or data has been authored by, or represents the views or opinions of LOVEFiLM or LOVEFiLM personnel; (ii) to imply a relationship or affiliation with, sponsorship, or endorsement by LOVEFiLM, other than your involvement in the LOVEFiLM API; (iii) as the largest or most prominent brand in your Application; (iv) in a way that tarnishes, dilutes or otherwise impairs the LOVEFiLM Brands; (v) to promote another service substantially similar in whole or in part to LOVEFiLM; (vi) on or in connection with your Application or website if it violates any law or regulation or contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol; (vii) in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to LOVEFiLM; or (viii) in any way that removes, obscures, distorts or alters any element of a LOVEFiLM Brand. Upon LOVEFiLM’s request you shall immediately delete or amend any use by you of the LOVEFiLM Brands that in LOVEFiLM’s sole opinion breaches the above restrictions or does not comply with the LOVEFiLM branding guidelines.
4.8 Your Warranty, Ownership and Licence Grants. You represent and warrant that: (i) your Application and its content is your original work or was obtained or licensed legally; and (ii) our and any of our sublicensees’ use of your Application and its content as permitted by the licence in clause 4.7 above will not violate any third party’s rights. LOVEFiLM claims no ownership or control over your Application or the content sent, posted or displayed through your Application, except to the extent your Application and its content contains LOVEFiLM Materials.
4.9 LOVEFiLM Activities. Nothing in this Agreement will be construed as restricting or preventing LOVEFiLM from creating and fully exploiting any other applications or other items, whether similar to or competing with your Application or otherwise, without any obligation to you.
You may promote your Application, through conversation and correspondence with traditional and online media and through users of your Application. You must only promote your Application truthfully and without implying that your Application is endorsed or created by or in conjunction with LOVEFiLM. You may not issue any formal press release via traditional or online media without LOVEFiLM’s prior consent. LOVEFiLM reserves the right to issue publicity and promotional materials mentioning and/or describing your Application without your consent.
6. Personal Data Protection.
6.3 Usernames and passwords. You must not request, view, record, access or cache usernames or passwords to accounts of any LOVEFiLM members, customer or users. However, you may ask for email addresses from users of your Application to communicate with those users about the Application.
8. Disclaimer of Warranties and Limitations on Liability
8.2 To the fullest extent permitted by applicable law, you acknowledge and agree that your use of the LOVEFiLM API and the LOVEFiLM Materials is at your sole risk. The LOVEFiLM API and the LOVEFiLM Materials are provided "as is" and on an "as available" basis. Subject to clause 8.1, we assume no liability or responsibility for any errors or omissions in the content of the LOVEFiLM API or the LOVEFiLM Materials nor any failures, delays or interruptions in accessing the LOVEFiLM API or LOVEFiLM Materials. Subject to clause 8.1, LOVEFiLM makes no representations or warranties of any kind with respect to the LOVEFiLM API and the LOVEFiLM Materials, including that the LOVEFiLM API and the LOVEFiLM Materials: (i) are accurate, complete, reliable or current; (ii) will be uninterrupted, timely, secure, or error-free, or have any errors corrected; or (iii) will meet your requirements or expectations.
8.3 Subject to clause 8.1, and to the fullest extent permitted by applicable law in no event shall LOVEFiLM nor any of its shareholders, subsidiaries and affiliates, nor any of their respective directors, officers, agents, contractors, partners and/or employees, be liable (jointly or severally), to you or any third party for any losses of any kind arising under or in relation to your use of the LOVEFiLM API and the LOVEFiLM Materials, including but not limited to: (i) any special, incidental, indirect or consequential damages of any kind; or (ii) any damages whatsoever resulting from: (a) loss of use; (b) loss of business; (c) loss of contracts; (d) loss of anticipated savings; (e) loss of revenue; (f) loss of goodwill; (g) loss of profits; or (h) any loss or corruption of data or damage to computer systems, whether or not advised of the possibility of such damage, whether or not such losses or damages arise directly or indirectly or under any theory of liability, and even if either party was aware of the possibility of such loss or damage. If any applicable authority holds any part of this clause 8.3 to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
8.4 Subject to clauses 8.1, 8.2 and 8.3 and to the fullest extent permitted by applicable law LOVEFiLM shall not be liable to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), for any losses of any kind arising out of or in connection directly or indirectly with your use of the LOVEFiLM API or any LOVEFiLM Materials.
9. Confidential Information
9.1 "LOVEFiLM Confidential Information” means any information of or relating to LOVEFiLM and/or its shareholders, subsidiaries, affiliates, and its and their respective officers, agents, and employees, advertisers or partners that becomes known to you through disclosure, observation or otherwise, and that either is designated as confidential by LOVEFiLM or that is not generally known or readily ascertainable to the public, including, without limitation, nonpublic information regarding LOVEFiLM’s API and LOVEFiLM's products, services, programs, features, data, techniques, technology, code, ideas, inventions, research, testing, methods, procedures, know-how, trade secrets, business and financial information and other activities.
10. Release and Waiver
To the fullest extent permitted by applicable law, you hereby release and waive all claims against LOVEFiLM and its shareholders, subsidiaries, affiliates, and its and their respective officers, agents, and employees, advertisers or partners from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including legal costs and expenses) of every kind and nature, arising from or in any way related to your use of the LOVEFiLM Materials.
11. Term and Termination
11.4 Termination Liability. For the avoidance of doubt, neither party shall be liable to the other party for damages of any sort resulting exclusively from terminating these Terms.
12. General Information
12.9 Export Controls. In respect of your use of the APIs, you shall, comply with all applicable export and re-export control laws and regulations,
- Documentation Portal
- API Overview
- API Resources
- Additional Information