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Flickr APIs Terms of Use

Thank you for using the Flickr application programming interfaces (the "Flickr APIs"). By using the Flickr APIs, you agree to the terms below. If you disagree with any of these terms, SmugMug does not grant you a license to use the Flickr APIs. We reserve the right to update and change these terms from time to time without notice. You can always find the most recent version of these terms here https://www.flickr.com/services/api/tos/. Your license to the Flickr APIs under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the Flickr APIs. SmugMug may terminate the license at any time for any reason. Your rights to use the Flickr APIs terminate automatically if (i) you violate any of these terms, (ii) SmugMug publicly posts a written notice of termination on Flickr.com, (iii) SmugMug sends a written notice of termination to you, or (iv) SmugMug disables access to the Flickr APIs to you. Capitalized terms not defined in these terms have the meanings ascribed to them in the Flickr Terms & Conditions of Use.

Licensed Uses and Restrictions

The Flickr APIs are owned by SmugMug, Inc. and/or its subsidiaries, including Flickr, Inc. ("SmugMug"), which collectively operate the Flickr business division of SmugMug ("Flickr"), and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These terms define legal use of the Flickr APIs, all updates, revisions, substitutions, and any copies of the Flickr APIs made by or for you. Flickr user photos are owned by the users (the photographers) and not by SmugMug. All rights not expressly granted to you are reserved by SmugMug.
1. You shall:
  - Comply with the Flickr Community Guidelines, and the Flickr Terms & Conditions of Use, all of which are incorporated by reference.
  - Comply with any requirements or restrictions imposed on usage of the photos by their respective owners. Remember, SmugMug doesn't own the images - Flickr users do. Although the Flickr APIs can be used to provide you with access to Flickr user photos, neither SmugMug's provision of the Flickr APIs to you nor your use of the Flickr APIs override the photo owners' requirements and restrictions, which may include "all rights reserved" notices (attached to each photo by default when uploaded to Flickr), Creative Commons licenses or other terms and conditions that may be agreed upon between you and the owners. In ALL cases, you are solely responsible for making use of Flickr photos in compliance with the photo owners' requirements or restrictions. If you use Flickr photos for a commercial purpose, the photos must be marked with a Creative Commons license that allows for such use, and also comply with the requirements for each license, unless otherwise agreed upon between you and the owner. You can read more about this here: www.creativecommons.org or www.flickr.com/creativecommons.
  - Comply with any other terms and conditions a user has attached to his or her photo. For example, if a user marks a photo as "private" after using your service, your application must reflect those changes as soon as reasonably possible. If your application has any cached copies of photos that have become "private," you must remove as soon as reasonably possible. Remove from your application within 24 hours any Flickr user's photos or other information that the owner of the photo asks you to remove. If you use the Authentication APIs, insert a standard header that we will provide into pages you build that access the Flickr API. It's important to us that users have an easy way to return to Flickr if they wish, and have some reference point (the logo) to show them that they're still connected to Flickrland. https://www.flickr.com/services/partners/.
  - Disclose in your application through a privacy policy or otherwise displayed in the footer of each page, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.
2. You shall not:
  - Use Flickr APIs for any application that replicates or attempts to replace the essential user experience of Flickr.com.
  - Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use Flickr APIs.
  - Display more than 30 Flickr user photos per page in your application or use an unreasonable amount of bandwidth.
  - Cache or store any Flickr user photos other than for reasonable periods in order to provide the service you are providing to Flickr users.
  - Use Flickr APIs for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
  - Knowingly use Flickr APIs to enable any law enforcement entity to investigate, track or surveil Flickr users or their User Content, as defined in the Flickr Terms & Conditions of Use.
  - Knowingly use Flickr APIs to support analyses or research in support or furtherance of any unlawful or discriminatory purposes.
  - Use Flickr APIs 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, rights of personality, or human rights as described in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social, and Cultural Rights.
  - Use Flickr as a generic image hosting service for banner advertisements, graphics, etc.
  - Use Flickr APIs in a manner that adversely impacts the stability of Flickr.com servers or adversely impacts the behavior of other applications using the Flickr APIs.
  - Sell, lease, or sublicense Flickr APIs or access thereto or derive revenues from the use or provision of Flickr APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.
Commercial Use
1. Rules and Restrictions
  
  If the primary purpose of your application is to derive revenue, it is considered a commercial application. SmugMug reserves the right to make these evaluations at the time that you apply for the license. SmugMug may also monitor your site or application over time to ensure continued compliance with the appropriate type of API key. If you're in doubt about whether your application is commercial, here are a few common examples of commercial use that may provide you some guidance:
  - Users are charged a fee for your product or service which includes some sort of integration using the Flickr APIs.
  - You sell services to Flickr users and use the APIs to bring users' Flickr content into your service.
  - Your site is a "destination" site that uses Flickr photos to drive traffic and generate ad revenue.
2. Application for a Commercial API Key
  
  If you want to apply for a commercial API key, go to the following form to see what information you need to provide: https://flickr.com/services/api/keys/apply/. You can't be too specific about your intended use of the Flickr Commercial API! Lack of specificity or supporting information could delay your application indefinitely (or even cause us to think too much and forget to answer!) When in doubt, it's always better to include more detail about your application. Please note that in some cases we may grant your request for a commercial API key subject to your payment of fees, such as to help cover infrastructure costs.
Attribution
- You shall not use "flickr" or a pink "r" without a preceding "e" in the hostname of your application, i.e. flickr.mydomain.com
- You shall place the following notice prominently on your application: "This product uses the Flickr API but is not endorsed or certified by SmugMug, Inc."
- You may not use the Flickr logo without specific written permission from SmugMug.
- Any use of the Flickr logo in your application shall be less prominent than the logo or mark that primarily describes the application and your use of the Flickr logo shall not imply any endorsement by SmugMug.
Ownership and Relationship of Parties

The Flickr APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. SmugMug's rights apply to the Flickr APIs and all output and executables of the Flickr APIs, excluding any software components developed by you which do not themselves incorporate the Flickr APIs or any output or executables of the Flickr APIs. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. SmugMug owns all rights, title, and interest in and to the Flickr APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by SmugMug, including (but not limited to) the Flickr APIs and Flickr-related trademarks.
Support

SmugMug may elect to provide you with support or modifications for the Flickr APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. SmugMug may change, suspend, or discontinue any aspect of the Flickr APIs at any time, including the availability of any Flickr APIs. SmugMug may also impose limits on certain features and services or restrict your access to parts or all of the Flickr APIs or the Flickr Web site without notice or liability.
Fees and Payments

SmugMug is committed to free and open access to our APIs for commercial and non-commercial purposes. However, providing the APIs does have real costs for SmugMug. For uses of Flickr APIs over a certain rate or for certain types of commercial applications, SmugMug reserves the right to charge fees for future use of or access to the Flickr APIs.
Disclaimer of Any Warranty

SOME OF THE FLICKR APIS MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. SMUGMUG DOES NOT REPRESENT OR WARRANT THAT ANY FLICKR APIS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE FLICKR APIS ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND SMUGMUG 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 FLICKR APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY FLICKR APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
Limitation of Liability

SMUGMUG SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE FLICKR APIS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT SMUGMUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL SMUGMUG BE LIABLE TO YOU FOR ANY AMOUNT.
Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.
Release and Waiver

To the maximum extent permitted by applicable law, you hereby release and waive all claims against SmugMug, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of Flickr APIs. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "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." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
Hold Harmless and Indemnity

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify SmugMug and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of Flickr APIs, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. SmugMug shall use good faith efforts to provide you with written notice of such claim, suit or action.
General Terms
- Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and SmugMug shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of SmugMug, express or implied, and you shall not attempt to bind SmugMug to any contract.
- Invalidity of Specific Terms. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
- Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between you and SmugMug shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and SmugMug agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California.
- No Waiver of Rights by SmugMug. SmugMug's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
- Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between SmugMug and you with respect to the subject matter hereof.

Last updated: May 9, 2018

Policies & Guidelines

Flickr APIs Terms of Use