YOUR RELATIONSHIP WITH DECATHLON
Acceptance. By accessing and using the Service, you (and your parent/legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) signify that you have read, fully understand and agree to be legally bound by this Agreement and to comply with all applicable laws and regulations as they may change from time to time. You acknowledge that this Agreement is a contract between you and Decathlon, even though it is electronic and is not physically signed by you and Decathlon, and it governs your use of the Service. If you are using the Service on behalf of a company, business or other legal entity, you agree to this Agreement on behalf of such company, business or other legal entity and you represent and warrant that you have the full authority to agree to this Agreement on behalf of such company, business or other legal entity. In that case, the terms "you" or “your” shall also refer to such entity. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICE. We suggest you print a copy of this API TOS for your records.
Changes to the Terms. Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of this API TOS at any time without incurring any liability or obligation whatsoever to you or any other person or entity. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. We will indicate at the top of this page the date this API TOS was last revised. You may refuse the amendment and rescind, or cancel your participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued access to and/or use of the Service after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, the terms of this API TOS, as revised.
Application means any service, software application or website you offer that uses the one of the Decathlon APIs (define below).
API Documentation means the documentation, data and information that we provide regarding the use of the Service through the Developer Site (defined below).
Content means any data, information or other content provided through the Decathlon API (whether created by Decathlon or its third-party licensors), including but not limited to facility data, imagery, traffic data, and places data (including business listings).
Decathlon API or "our API" means the publicly available Decathlon Application Programming Interface (“API”) as well as the related API Documentation.
Decathlon Brand means the Decathlon trade names, trademarks, logos, domain names, and other distinctive brand features.
LICENSES FROM DECATHLON TO YOU
Service License. During the term of this Agreement, Decathlon grants you a non-exclusive, revocable, personal, non-transferable, non-assignable, non-sublicensable, royalty-free limited license to use the Service made available to you by Decathlon, including upgrades, updates, fixes, modifications or new releases as may be made available by Decathlon from time to time in its sole discretion to develop, test, and support an Application and to integrate the Service with your Application, in a manner permitted by and subject to the restrictions set forth in this Agreement. Decathlon can revoke this license on written notice at any time in which case you will cease all use of the Service.
Content License. During the term of this Agreement, Decathlon grants you a non-exclusive, revocable, personal, non-transferable, non-assignable, non-sublicensable (except as expressly permitted herein), royalty-free limited license to use the Content solely in your Application, solely as the Content is provided in the Service, in a manner permitted by and subject to the restrictions set forth in this Agreement. You will not use any Content outside of the Service except as expressly permitted to do so in Section 7.1. For example, you will not export or save the Content to a third party’s platform of service. You will not share or make the Content available to any third party. You will not use the Decathlon Brand without Decathlon’s prior written consent. Decathlon can revoke this license on written notice at any time in which case you will cease all use of the Content.
Use of Decathlon Name. During the term of this Agreement, subject to your continued compliance with this Agreement, you may refer to Decathlon solely for purposes of communicating with your users the source of your content.
Restrictions. You must abide by Decathlon’s Brand Guidelines. In using Decathlon Brands, you will not:
have the Decathlon logo as the largest logo in your Application(s);
display a Decathlon Brand as the most prominent element in your Application(s);
use Decathlon Brand to disparage Decathlon or the Service;
Determination of compliance. We reserve the sole right and discretion to determine whether your use of the Service, Content, and Decathlon Brand complies with this Agreement, and to terminate this Agreement and/or the rights granted to you at any time.
ACCESS TO THE SERVICE
Access Credentials. Once you have successfully registered an Application and met the other requirements for the use of the Service, you will be given Access Credentials for your Application. "AccessCredentials" means the necessary security keys, secrets, tokens, and other credentials to access the Service. The Access Credentials enable us to associate your API activity with your Application and the users using it. All activities that occur using your Access Credentials are your responsibility. Keep your Access Credentials secret. Do not sell, share, transfer, or sublicense them to any other party other than your employees. Do not try to circumvent them and do not require your users to obtain their own Access Credentials to use your Application (for example, in an attempt to circumvent call limits).
ACCEPTABLE USE AND LICENSE RESTRICTIONS
Scope of acceptable use. You shall not use the Service or any other technology in a manner that accesses or uses any information, including without limitation, any Content, beyond what we allow under this Agreement or the API Documentation.
General Service restrictions. The following restrictions apply. You will not:
sublicense the Service for use by a third party;
defame, abuse, harass, stalk, or threaten others;
Decathlon API call limitations. The number of API calls you will be permitted to make during any given period may be limited. We will determine call limits based on various factors, including the ways your Application may be used or the anticipated volume of use associated with your Application. If a limit is not otherwise specified by us, the limit shall be deemed to be 1000 calls per day.
Applicable laws or agreements. You may not use the Decathlon API in violation of any law or regulation, or rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with this Agreement.
Functionality. You may not use the Service, or the Content you obtain through use of the Service, to replicate or compete with products or services offered by Decathlon. You acknowledge and agree that Decathlon has or may in the future offer products or services that are similar to your Application, and nothing will prevent Decathlon from doing so.
Ownership. As between you and us: (i) we retain all rights, title and interest in and to all intellectual property rights embodied in or associated with our APIs, API Documentation, and all elements and components thereof, Content, and any content we created or derived therefrom including any Decathlon content, data or information accessed using our APIs (collectively, the "DecathlonMaterials"); and (ii) you retain all of your rights, title and interest in and to all intellectual property rights embodied in your Application, excluding the aforementioned rights in subparagraph (i) above owned by or licensed to us. There are no implied licenses under this Agreement, and any rights not expressly granted to you hereunder are reserved by us or our suppliers. You will not take any action inconsistent with our ownership of our APIs or our ownership of the Content. Neither party will exceed the scope of the licenses granted hereunder. You may provide us with feedback concerning our APIs or otherwise, and you agree that we will be free to copy, modify, create derivative works, publicly display, distribute and otherwise use that feedback for any and all purposes with no obligation of any kind to you.
Legal Representations. You represent and warrant to us that, excluding Decathlon Materials, you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute your Application, and that use of your Application by Decathlon and its users will not violate the rights of any third party (e.g., copyright, patent, trademark, privacy, publicity or other proprietary right of any person or entity), or any applicable regulation or law, the laws of any country in which your Application is made available, and any applicable export laws.
STORAGE OF CONTENT
Caching Content. You will not pre-fetch, cache, index, or store any Content to be used outside the Service, except that you may store limited amounts of Content solely for the purpose of improving the performance of your Application due to network latency (and not for the purpose of preventing Decathlon from accurately tracking usage), and only if such storage:
is temporary (and in no event more than 24 hours);
does not manipulate or aggregate any part of the Content or Decathlon API; and
does not contain any personal information;
does not modify attribution in any way.
No other storing. You may not copy or store any Content or capture or store any information expressed by the Content (such as hashed or transferred data), except to the extent permitted by this Agreement.
Requirement for security measures. Your network, operating system and the software of your web servers, databases, and computer systems (collectively, "Systems") must be properly configured to securely operate your Application and process Content.
Security breach. You must promptly report any security deficiencies in, or intrusions to, your Systems to us in writing via email to firstname.lastname@example.org or subsequent contact information posted on the Developer Site. This includes any unauthorized access, use, disclosure or destruction of Content. You will work with us to immediately correct any security deficiency, and will immediately disconnect any intrusions or intruder. In the event of any security deficiency or intrusion involving the Application, Decathlon APIs, or Content, you will make no public statements regarding such deficiencies or intrusions (e.g., press, blogs, social media, bulletin boards, etc.) without prior written and express permission from us in each instance.
Use of Application by others. If you develop an Application for use by other users, you must:
protect the privacy and legal rights of those users.
All rights and licenses granted to you will terminate immediately;
LIMITATION OF LIABILITY AND INDEMNITY
NO WARRANTIES. THE DECATHLON API AND THE SERVICES AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT DECATHLON DOES NOT WARRANT THAT THE DECATHLON API OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM DECATHLON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS API TOS.
LIMITATION OF LIABILITY. OUR TOTAL CUMULATIVE LIABILITY FOR DAMAGES, EXPENSES, COSTS, LIABILITY, CLAIMS OR LOSSES (COLLECTIVELY, "DAMAGES") ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR SERVICES UNDER THIS AGREEMENT, WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, IS LIMITED TO DIRECT, ACTUAL, PROVABLE DAMAGES AND WILL IN NO EVENT EXCEED[●]. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ANY LOST PROFITS, ANTICIPATED OR LOST REVENUE, LOSS OF USE OF ANY INFORMATION SYSTEM, FAILURE TO REALIZE EXPECTED REVENUE OR ANY OTHER INDIRECT, COMMERCIAL OR ECONOMIC LOSS, OR ANY THIRD PARTY CLAIM), WHETHER ARISING IN TORT, OR CONTRACT LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
Indemnity. You agree to defend, hold harmless and indemnify Decathlon, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any loss, damage or third party claim arising from or in any way related to your or your users’ use of the Application, Service or Content, use of the Decathlon Brand, or violation of this Agreement, including any liability or expense arising from all Damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit, or action. We may, in our sole discretion, elect to control the defence of any claim.
Headings. In this API TOS, the headings are for convenience of reference only and shall not affect its construction or interpretation.
Governing law and jurisdiction. For users outside the province of Quebec, this Agreement, and all related matters shall be governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to this Agreement, and any related matters. For users in the province of Quebec, this Agreement, and all related matters shall be governed solely by the laws of the Province of Quebec, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in the City of Montreal in relation to all disputes arising from or related to this Agreement, and any related matters.
Severability. If any provision of this API TOS is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible in order to effect the intention of the provision; if a term cannot be so modified, it will be severed and the remaining provisions of this API TOS will not be affected in any way.
Language. Where Decathlon has provided you with a translation of the English language version of this API TOS or any document referenced in this API TOS, you agree that the translation is provided for your convenience only and that the English language versions of any such document, will control.
Entire agreement. This Agreement constitutes the entire agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
No informal waivers, agreements, or representations. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. No representations, statements, consents, waivers or other acts or omissions by any Decathlon affiliate shall be deemed legally binding on any Decathlon affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Decathlon.
Injunctive relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Developer Site or any Decathlon APIs, or other material used or displayed through the Developer Site or Decathlon API.
Equitable relief. You understand and agree that damages for improper use of the Service may be irreparable; therefore, we are entitled to seek equitable relief, including injunctions in any jurisdiction, in addition to all other remedies we may have.
Assignment. You may not assign or delegate any rights or obligations under this Agreement, including in connection with a change of control. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this Agreement, fully or partially without notice to you and upon any such assignment we shall be released from all obligations and liabilities under this Agreement.
No partnership. Nothing in this Agreement will be construed as creating a partnership or joint venture of any kind between the parties and neither party will have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.
Notices. We may notify you via postings on the Developer Site or via the email address associated with your Application or account. Decathlon accepts services of process at this address: "Decathlon Developers, IT Department, 2151 Boulevard Lapinière, Brossard, QC J4W 2T5", Canada. Any notices that you provide without compliance with this Section shall have no legal effect.
Contact us. Please contact us if you have any questions about this Agreement or the Service. You may contact us via email at email@example.com.
Latest update: August 2nd, 2019. Version 1.0