Plain English Overview
This is a high level overview in plain English that will help you understand what this document is saying. Please keep the following in mind when developing applications for Little Star Media, Inc. (Littlstar), and thank you kindly for respecting your community!
- Respecting Littlstar’s community and content creators is extremely important. Our responsibility to the community is providing tools to manage and distribute their content, and giving them control over how they monetize and communicate. You should respect them, and ultimately yourself as a member of the community, at all times.
- Our ToS looks ahead to what might be, and could change in the future. Please keep an eye on this document and look for updates via email with all the latest.
- You must display prominently in Your app, on pages including any content coming from Littlstar, that it is “Powered by Littlstar”, and/or add the Littlstar icon or logo over the player. This must link back to Littlstar. As much as we’d love for every developer to have full unrestricted access to all the raw data, we need to ensure that this free service we’re providing isn’t forgotten. We don’t have plans just yet to become a paid, “white label” service, so in the meantime, your app must have and hotlinked “Powered by Littlstar” on any page that Littlstar content is displayed.
- You may not advertise in your application if it incorporates Littlstar data, unless other content not obtained from Littlstar appears on the same page and is of substantial and sufficient value to be the basis for such sales. We have content creators, brands, and agencies from all over the world on the platform. We can’t have ads displayed over or around their content that isn’t to their liking, and we need to make sure if anyone is trying to make money on their content, they are getting paid. Ultimately if we do start to advertise, we want to ensure it will be consistent and non-intrusive such that it compliments the VR and panoramic mediums. We are working on revenue share agreements that could open up opportunities for developers to make money through their apps, in addition to affiliate programs for content purchases made through apps. Stay tuned.
- You may not charge for your application if it incorporates Littlstar data, unless you meet the explicit criteria set forth below. This flows from the need to respect content creators. If you are making money on their content, and not giving them a piece of the action, that’s not very fair now is it? The Golden Rule applies.
- You will not resell the API in any way. This includes passing it off as your own, charging people for access through Your or any other 3rd party’s service, or otherwise financially capitalizing on the Littlstar API as if it were your own.
- No copyright infringement or abuse of the platform or API in any way. We reserve the right to determine what “abuse” means, and can terminate access if we determine it has occurred.
- All audiovisual content from Littlstar must have attribution to the creators and include the content description, username, date created, and view count.
Thanks kindly and happy developing!
—The Littlstar Team
I. API Use
Compliance with Terms.
You may use the Littlstar API, and the data, content, and information made available through the Littlstar API (“API Data”), in connection with a website or software application (“API Client”) developed by You only in accordance with the terms and conditions of this Agreement, the Littlstar Terms of Service (currently located at http://littlstar.com/terms), the Littlstar API documentation and specifications (currently located at http://developer.littlstar.com), and the developer credentials and API Client IDs assigned to you by Littlstar. Littlstar may monitor Your use of the Littlstar API to ensure quality, improve Littlstar products and services, and verify Your compliance with these terms. You shall not interfere with such monitoring or otherwise obscure from Littlstar Your use of the Littlstar API. Littlstar may use any technical means to overcome such interference.
You agree not to use the Littlstar API for any of the following commercial uses unless You obtain Littlstar’s prior written approval:
- the sale of the Littlstar API, API Data, Littlstar audiovisual content or related services, or access to any of the foregoing
- the sale of advertising, sponsorships, or promotions placed on or within the Littlstar audiovisual content or player; or
- the sale of advertising, sponsorships, or promotions on any page of the API Client containing Littlstar audiovisual content, unless other content not obtained from Littlstar appears on the same page and is of sufficient value to be the basis for such sales.
The following commercial uses are permitted provided that You comply with all other terms and conditions of this Agreement:
- the sale of an API Client;
- uploading an original video to Littlstar, or maintaining an original channel on Littlstar, to promote Your own business or artistic enterprise;
- using the Littlstar API to show Littlstar content on an ad-enabled API Client (such as an ad-enabled blog or website), subject to the advertising restrictions set forth above in Section 2;
- the placement of Your own branding on the API Client, provided that it does not interfere with Littlstar audiovisual content playback or with any Littlstar branding; or
- the sale or distribution of any device that contains or runs an API Client
Notices to Users.
If Your API Client uses the Littlstar API to permit users to upload videos to Littlstar, the screen or window in which the end user clicks the “upload” button must display the following warning:
“By clicking ‘upload,’ you certify that you own all rights to the content or that you are authorized by the owner to make the content publicly available on Littlstar, and that it otherwise complies with the Littlstar Terms of Service located at http://littlstar.com/terms”
If the upload is performed on a personal computer or other non-mobile device, the appropriate URL is http://littlstar.com/terms. If the upload is performed on a mobile device, the appropriate URL is http://littlstar.com/terms. If Your end users’ videos will be uploaded to Your channel on the Littlstar Website and not to the user’s channel, You must notify the user of the terms of ownership of such video between You and the user.
“Littlstar Branding” means the trade names, trademarks, service marks, logos, domain names and other distinctive brand features of Littlstar. Littlstar grants You a non-exclusive license to use the Littlstar Brand Features solely in connection with their display on or through the API Client as delivered by Littlstar. Your Application shall provide proper attribution to Littlstar as specified in the Littlstar Brand Guidelines set forth at http://littlstar.com/branding, which may be modified by Littlstar at any time. Littlstar may terminate Your license to use the Littlstar Branding at any time for any or no reason. Goodwill in Littlstar Branding will inure only to Littlstar’s benefit and You obtain no rights with respect to any of them. You irrevocably assign and will assign to Littlstar any right, title and interest that You obtain in any of Littlstar’s Branding. You shall not at any time challenge or assist others to challenge Littlstar Branding or their registration (except to the extent You cannot give up that right by law) or attempt to register any trademarks, marks or trade names confusingly similar to Littlstar’s. This paragraph survives any termination or expiration of this Agreement.
Your API Client may employ session-based caching solely of Littlstar API results for a maximum of 30 days, and You must use commercially reasonable efforts to cause Your API Client to update cached results upon any changes in video metadata. For example, if a video is removed from the Littlstar service or made “private” by the video uploader, cached results shall be removed from Your cache. For the avoidance of doubt, Your API Client shall not be designed to cache Littlstar audiovisual content.
Each API Client must contain means for You to update the API Client to the most current version of the Littlstar API after any version has been deprecated. For non-website implementations, You must have means of remotely updating each API Client that has already been distributed to an end user.
Littlstar will announce if it intends to discontinue or make backwards incompatible changes to this API or Service. Littlstar will use commercially reasonable efforts to continue to operate Littlstar API versions and features without these changes until one year after the announcement or (ii) as Littlstar determines in its reasonable good faith judgment:
- required by law or third party relationship (including if there is a change in applicable law or relationship), or
- doing so could create a security risk or substantial economic or material technical burden.
The above policy is the “Deprecation Policy.”
Usage and Quotas.
Littlstar may, in its sole discretion, set a quota of operations on Your Littlstar API usage. You shall not attempt to circumvent automated use-quota restrictions.
Your API Client will not, and You will not encourage or create functionality for Your users or other third parties to:
- collect or modify any Littlstar user account information;
- interfere or attempt to interfere in any manner with the proper workings of the Littlstar API, or create or distribute any API Client that adversely affects the functionality or performance of Littlstar or services provided by Littlstar;
- circumvent or render ineffective any geographical restrictions, including IP address-based restrictions;
- sell, lease, lend, convey, redistribute, or sublicense to any third party all or any portion of the Littlstar API or API Data (except that You may distribute and display the Littlstar audiovisual content and accompanying metadata to Your users through Your API Client in a manner that complies with this Agreement);
- modify or replace the text, images, or other content of the Littlstar search results, including (i) changing the order in which search results are presented as Littlstar search results, or (ii) intermixing sources other than Littlstar when search results are presented as Littlstar search results;
- modify, replace or otherwise disable the functioning of links to Littlstar or third-party websites provided in the Littlstar search results or otherwise provided through the Littlstar API or Littlstar player;
- modify, replace, interfere with or block advertisements placed by Littlstar in the Littlstar Data, Littlstar audiovisual content, or the Littlstar player;
- separate, isolate, or modify the audio or video components of any Littlstar audiovisual content made available through the Littlstar API;
- promote separately the audio or video components of any Littlstar audiovisual content made available through the Littlstar API;
- access any portion of any Littlstar audiovisual content by any means other than use of a Littlstar player or other video player expressly authorized by Littlstar;
- store copies of Littlstar audiovisual content;
- use the Littlstar API intentionally to encourage or promote copyright infringement or the exploitation of copyright-infringing materials;
- misrepresent your identity when registering for use of the Littlstar API, use the developer credentials licensed to a different individual or entity, or mask Your usage of the Littlstar API; or
- use a video player smaller than the minimum video player size set forth in the Littlstar API documentation and specifications.
III. Additional Legal Provisions
Compliance with Laws.
You are responsible for complying with all applicable laws, rules and regulations, all third-party rights and all Littlstar policies. You shall not use the Littlstar API in a manner that violates such laws, rules and regulations, third parties’ rights or any Littlstar policies or in a manner that is deceptive, unethical, false or misleading. For avoidance of doubt, You shall not distribute or provide access to applications You develop in contravention of U.S. export control or trade laws.
No Implied Rights.
Except as expressly granted herein, neither party through this Agreement grants the other party any intellectual property rights or other propriety rights. As between You and Littlstar, Littlstar, its corporate affiliates, and its applicable licensors retain all intellectual property rights (including all patent, trademark, copyright, trade secret, and other proprietary rights) in and to the Littlstar API and its documentation and specifications, all Littlstar websites and all Littlstar services and any derivative works in connection therewith. For the avoidance of doubt, You retain all rights in and to Your API Client, excluding foregoing Littlstar materials and intellectual property. All license rights granted herein are not sublicensable, transferable or assignable unless otherwise stated herein.
This Agreement is a non-exclusive agreement. You acknowledge that Littlstar may be developing and may develop products or services that may compete with this Littlstar API, API Clients or any other products or services.
You agree that Littlstar may use Your company, organization, or product name and/or logo in presentations, marketing materials, customer lists, financial reports, website listings of customers, research and marketing case studies and other marketing-related activities. You may not issue any public announcement regarding Your use of the Littlstar API which suggests partnership with Littlstar without Littlstar’s prior review and written approval, at Littlstar’s sole discretion.
You shall not disclose Your developer credentials or Your API Client IDs to any third party except Your agent(s) using such information solely on Your behalf in accordance with this Agreement and under a written duty of confidentiality. You shall not disclose Littlstar Confidential Information to any third party without Littlstar’s prior written consent. “Littlstar Confidential Information” means all non-public Littlstar software, technology, programming, and specifications relating to the Littlstar API, and any other information designated in writing by Littlstar as “Confidential” or an equivalent designation. Littlstar Confidential Information does not include information that has become publicly known through no breach by You or Littlstar, or information that has been (a) independently developed without access to Littlstar Confidential Information as evidenced in writing; (b) rightfully received by You from a third party who has the lawful right to disclose such information; or (c) required to be disclosed by law or by a governmental authority.
You shall indemnify, defend and hold Littlstar, its agents, affiliates, and licensors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are “Claims”) by a third party arising out of Your use of the Littlstar API in any manner that breaches this Agreement or otherwise arising out of materials or technology contributed by You and not by Littlstar. At Littlstar’s option, You shall assume control of the defense and settlement of any Claim subject to indemnification by You (provided that, in such event, Littlstar may at any time thereafter elect to take over control of the defense and settlement of any such Claim, and in any event, You shall not settle any such Claim without Littlstar’s prior written consent).
Any licenses contained in this Agreement will terminate automatically without notice if You fail to comply with any provision of this Agreement. Littlstar reserves the right to terminate this Agreement or discontinue the Littlstar API or any portion or feature thereof for any or no reason and at any time without liability to You. Upon any termination or notice of any discontinuance, You shall immediately stop and thereafter desist from using the Littlstar API and delete all API Data in Your possession or control (including, without limitation, from Your servers). Littlstar may independently communicate with any account owner whose account(s) are associated with Your API Client IDs and developer credentials to provide notice of both the termination of Your right to use the Littlstar API and the display of any advertisements associated with Your API Clients. Section III of this Agreement shall survive any termination or expiration of this Agreement and will continue to bind You in accordance with its terms.
Littlstar may modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion by posting a change notice to Your account, changing these terms and conditions, emailing to the email address of Your account or account associated with Your developer credentials or otherwise notifying You. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THE Littlstar API, CONTINUED POSSESSION OF A COPY OF NON-PUBLIC Littlstar API DOCUMENTATION AND SPECIFICATIONS OR CONTINUED DEVELOPMENT FOLLOWING POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Disclaimer and Limitation of Liability.
Littlstar DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FOR NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. Littlstar SHALL HAVE NO DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER LIABILITY WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN THE EVENT THAT THE FOREGOING IS NOT ENFORCEABLE, Littlstar’S AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO FIVE HUNDRED DOLLARS ($500.00).
You hereby release and covenant not to sue Littlstar and its corporate affiliates and any of their officers, directors, employees, agents, shareholders, licensors, licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims (a) pertaining to any intellectual property You develop that is based on, uses, or relates to the Littlstar API; and (b) which otherwise may arise in connection with Your use of, reliance on, or reference to the Littlstar API. If You have a dispute with one or more Littlstar account owners, You release Littlstar and its corporate affiliates and any of their officers, directors, employees, agents, shareholders, licensors, licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code 1542 which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
The Agreement is governed by California law, except for California’s conflicts of laws principles, and all claims arising out of or relating to this Agreement or the Littlstar services and programs shall be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and You and Littlstar consent to personal jurisdiction in those courts. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. You may grant approvals, permissions and consents to Littlstar by email, but any modifications by You to this Agreement shall be made in a writing (not including email) executed by both parties. Any notices to Littlstar shall be sent to our corporate headquarters address as set forth on our website via first class or air mail or overnight courier, and is deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties’ intention, and remaining provisions of the Agreement will remain in full effect. You shall not assign or otherwise transfer any of Your rights or delegate Your obligations hereunder and any such attempt is null and void. You and Littlstar are not legal partners or agents, but are independent contractors.
January 29, 2015