Entrée en vigueur au 11 décembre 2019
Ce document est actuellement uniquement disponible en Anglais. Merci pour votre compréhension.
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These Terms of Use (“TOU”) govern your (“You” or “Your”) use of Zink Media, LLC (d/b/a Discogs) and our affiliates (“We”, “Our”, “Us” or “Discogs”) Application Program Interface (Our “API") and data made available through Our API (the “Content”). The TOU comprises the entire agreement between You and Us regarding the TOU and supersedes all prior agreements between You and Us regarding the TOU. The TOU applies to any API and Content made available by Us. BY ACCESSING OUR API AND THE CONTENT, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TOU.
If You are under the minimum age of consent to enter into a contract in your jurisdiction, then You may not use or access Our API or the Content. In the United States, You must be at least 18 years of age to access Our API and the Content.
If You object to any terms and conditions of these TOU or become dissatisfied with Our API or the Content in any way, Your only recourse is to immediately discontinue use of Our API and the Content.
We encourage You to review the entire TOU. For quick access to a particular TOU section, click on the desired link below:
DESCRIPTION OF CONTENT WITHIN THE API
MODIFICATIONS TO API DATA AND AVAILABILITY
USER ACCOUNT, PASSWORD, AND SECURITY
DESCRIPTION OF CONTENT WITHIN THE API
Our API permits You and other developers to access user-generated Content contributed to the Discogs catalogue. We own the API, but users generate the Content and are responsible for ensuring their contribution is allowed under applicable laws and regulations. Some Content is CC0 Data and some is Restricted Data (as defined below).
CC0 Data: The Content includes the following JSON- and XML-formatted, CC0 data (the “CC0 Data”):
- Release titles, notes, dates, format, track listings, barcodes and other identifiers, credits, versions, URL links to third-party sites
- Artist names, notes, associated releases
- Label, producer, manufacturer, distributor, etc. names and contact information, notes, and associated releases
Restricted Data: Our API provides access to the following restricted use Content (data that is not CC0) (the “Restricted Data”).
- “Discogs User Data” - Required category: username; User Images (defined below); Optional categories that user may display on Our online properties: actual name, user homepage, geographic location, biographical information, currency for Our Marketplace, collection, and wantlist.
- “Marketplace Data” such as related inventory, orders, lists, fees, pricing suggestions, including but not limited to: pricing, release images posted in connection with offers for sale, and sales history.
- “Images” - Images posted by users to Our online properties must comply with our Database Guidelines 13. Images and meet the following requirements:
- Image is Public Domain (expired copyright or public from inception), or;
- The user owns the rights to the image and agrees to make it available via a CC0 "No Rights Reserved" license, or;
- Image is already made available through a CC0 "No Rights Reserved" license, or;
- Fair Use – any image representing a physical or digital product in the Discogs catalogue for the purpose of critical commentary or for the purpose of reselling the work under the First Sale Doctrine.
Types of images contributed by users include:
- “Release Images” includes images depicting the release and are used in the Discogs catalogue and Marketplace.
- “Artist Images” include images of the artist or artists associated with releases listed in the Discogs catalogue.
- “Label Images” include images related to any entity or person (other than the artist) associated with the production, manufacture, distribution, etc. of each catalogue item.
- “User Images” include profile images, avatars, and banners uploaded by users to their pages.
API USE AND RESTRICTIONS
- You will comply with all laws and regulations that apply to You, wherever You are located, related to Your use of Our API or the Content, including, but not limited to, privacy, data protection, and intellectual property laws. We offer Our API and the Content as a convenience to You and We may apply rate limits and restrictions to the data fields displayed per application or service.
- You agree to be responsible for your conduct while using Our API and the Content. With respect to Our API and the Content, You will not:
- Attempt to or actually replicate, duplicate, reverse engineer, or access any part of Our API, including undocumented functionality, or the Content for any purpose other than in compliance with these TOU. An example of a breach of these TOU would be using Our API to circumvent Our marketplace platform.
- Circumvent any security features or technical limitations of Our API.
- Combine Your application or website code with Our API in a way (such as using a software license) that is incompatible with the TOU or any of Our policies.
- Attempt to or actually circumvent Our rate limits, such as by creating additional API keys to overcome these limits.
- Use Restricted Data within the API with a third-party advertising or marketing platform unless expressly authorized in writing by Us.
- Use Our API to collect, scan, or otherwise request Content for licensing or Content removal except as allowed under the TOU or unless expressly authorized in writing by Us.
- Introduce any code to Our online properties or applications or Our API that is harmful (e.g., viruses).
- Use Our API or the Content to transmit spam, unsolicited marketing communications, or any other information that violates any policies posted to Our online properties or applications, or if permissible under these TOU, transmit such information to any person who has not given specific permission to be included in such a process.
- Use or attempt to use automated systems designed to access, analyze, or scrape Our online properties or applications, including Our API and/or the Content, in a way that is inconsistent with these TOU, unless expressly authorized in writing by Us.
- Otherwise attempt to harm or damage Us, any of Our affiliates, and/or Our users by modifying Our online properties or applications, Our API, or the Content in any way.
- Violate any United States or international laws regarding the transmission of Content exported from Our API.
- Use Our API or the Content for illegal purposes.
- Interfere or disrupt networks connected to Our API, or violate any laws, regulations, policies and procedures applicable to networks connected to Our API.
- Facilitate the transmission of any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature, including any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
- Attempt to gain unauthorized access to Our or others’ computer systems.
- Interfere with another user’s use and enjoyment of Our API or the Content or another entity's use and enjoyment of Our API or the Content.
- Otherwise attempt to harm or damage users, consumers, or business entities, including Us.
Commercial use of Our API and the Content is generally permitted, but may not be permitted, if, in Our sole discretion we determine the commercial use is prohibited. Prohibited commercial uses include, but are not limited to:
- Selling or giving to any third party Our API, the Content, or access to Our API or the Content.
- Charging a fee to use or access any part of Your application that integrates with Our API or the Content if we provide that access to users free of charge, without Our express written permission.
- Using Our API or the Content with the intent to drive traffic to other non-Discogs websites or services.
- Using Our API or the Content to determine information about Our internal systems or to perform marketing analytics, without Our express written permission.
- Using Our API or the Content in any manner that would otherwise require (i) valid legal civil or criminal process, or (ii) express permission from the affected users.
- Using Our API or the Content in violation of any applicable law or regulation worldwide, including all intellectual property laws and regulations.
If You have questions about Your use of Our API or the Content, please contact us via Our Help Center.
- The Content within Our API includes both CC0 Data and Restricted Data.
- CC0 Data: CC0 Data is made available under the CC0 No Rights Reserved license.
- Restricted Data: Restricted Data is subject to the following use rules and restrictions:
- Discogs grants You a limited, personal, non-sublicensable, non-transferable, non-exclusive, revocable license to access and use the Restricted Data Content and Our API to create and run websites and applications.
- You may also be subject to Our policies posted to Our online properties and applications, which terms shall take precedence over these TOU terms if those terms are more restrictive.
- In addition to the restrictions set forth in Section 2 above, with respect to all Restricted Data, You may not:
- Transfer Restricted Data to any third party.
- Use Restricted Data for any commercial purposes.
- Use Restricted Data in any manner that violates the privacy, intellectual property, or any other rights of users, consumers, or business entities, including Us, or otherwise violates Our policies.
- Additional information about Content made available through Our API is located in the API Specifications.
- The Content within Our API is dynamic and is quickly outdated. You may not display in any format or to any audience the Content if it is more than six (6) hours older than the information on Our online properties or applications and applications. You may not cache or store the Content longer than is necessary to provide a service to Your application’s users.
DISCOGS INTELLECTUAL PROPERTY
We require You to display the following notice prominently on Your application and any other public-facing use of Our API and the Content that You create: "This application uses Discogs’ API but is not affiliated with, sponsored or endorsed by Discogs. ‘Discogs’ is a trademark of Zink Media, LLC." This notice may be included in Your terms and conditions or usage documentation.
In addition, You must display the following notice directly next to any data You use from the Discogs API: “Data provided by Discogs.” The notice must include a hyperlink to the discogs.com page that includes the data. The link back must not use any mechanism that prevents passing along search engine ranking credit to that page, such as 'nofollow'.
Please see Our Application Name and Description Policy for additional information about the use of Our trademarks.
API ACCESS AND TERMINATION
We reserve the right to charge for access to, or use of, Our API in the future.
If You violate the TOU or any of Our policies, we may revoke Your API access or Your account privileges (including Your related accounts). If You have any questions about whether Your intended use will violate the TOU, please contact Us via Our Help Center.
We may terminate Your access to Our API at any time and for any reason, in Our sole discretion. You agree that the termination of Your access to Our API may be effected without prior notice, and acknowledge and agree that We may immediately deactivate or delete Your account and any or all related information and files. We may bar any further access by You to Our API. We shall not be liable to You or any third party for the termination of Your access to Our API. Advanced accounts that are terminated will not be refunded.
MODIFICATIONS TO TERMS OF USE
We may at any time revise the TOU. By using Our API and the Content, You agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current TOU to which You are bound. If We make any changes to the TOU that We believe to be material, then We will notify You directly (via account email or otherwise). You consent to receive these messages, and it’s Your responsibility to review these changes. Your continued use of Our API and the Content following modification constitutes an affirmative (1) acknowledgement by You of the TOU and TOU modifications; and (2) agreement by You to abide and be bound by the TOU and TOU modifications.
MODIFICATIONS TO API DATA AND AVAILABILITY
We reserve the right to modify or discontinue Our API and the Content therein with or without notice to You. We shall not be liable to You or any third party should We exercise this right to modify or discontinue the API or the Content therein.
USER ACCOUNT, PASSWORD, AND SECURITY
You must provide accurate identification data and agree to comply with Our security requirements in order to access Our API. If We require a user profile for access, You must promptly update Your account with any registration data changes. Contact us via Our Help Center if You discover any security concerns or believe Your account has been compromised.
NOTICE
All notices to a party shall be in writing and shall be made either via email or conventional mail. We may broadcast notices or messages through the email address You registered with Us to inform You of changes to the TOU, Our API, the Content, or other matters of importance; such broadcasts shall constitute notice to You. You may send us notice via Our Help Center.
LINKS
The Content may provide links to other websites or resources. Because We have no control over such sites and resources, We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF OUR API AND THE CONTENT IS AT YOUR SOLE RISK. OUR API AND THE CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WE MAKE NO WARRANTY THAT (i) OUR API OR THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) OUR API OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR API AND/OR THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION OBTAINED BY YOU THROUGH OUR API OR THE CONTENT WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN OUR API OR THE CONTENT WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR API OR THE CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR API OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
(e) WE DO NOT PROMOTE OR CONDONE ANY IDEAS OR MESSAGES CONTAINED IN OUR API OR THE CONTENT.
LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR API OR THE CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY INFORMATION OBTAINED THROUGH OUR API OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR API OR THE CONTENT; OR (v) ANY OTHER MATTER RELATING TO OUR API OR THE CONTENT.
To the maximum extent permitted by applicable law, You hereby release and waive all claims against Us, and Our subsidiaries, affiliates, officers, agents, licensors, 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 Our API and the Content.
For the avoidance of doubt, when You use Our API or the Content for any reason, You (and Your successors in interest) acknowledge Our API and the Content is offered with no warranty of non-infringement. You specifically agree not to sue Us or Our users on intellectual property claims related to Your use, or related to any technologies We own that make Your application possible. Specifically, You will not bring any intellectual property infringement claim, nor assist any third party in doing so, against us or Our users, related to Your use of, and access to, Our API (including how Your application interacts with Us, Our API, online properties and applications) or the Content.
INDEMNITY
You are solely responsible for Your actions when using Our API and the Content. You agree to indemnify and hold Us, and Our subsidiaries, affiliates, directors, officers, members, managers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of Our API or the Content, Your connection to Our API, Your violation of these TOU, or Your violation of any rights of another in connection with Your use of Our API or the Content.
VIOLATIONS
To report violations of these TOU, please click “Submit A Request” in Our Help Center. To expedite the processing of Your report, please include as many details as possible about the violation.
To report copyright infringement, please follow the instructions at Filing a Claim of Copyright Infringement.
GENERAL
These TOU are governed by and interpreted in accordance with the laws of the State of Oregon in the United States of America, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the state or federal courts located in Washington County, Oregon with respect to any dispute or claim arising out of or in connection with the TOU, and expressly waive lack of personal jurisdiction there. Our failure to exercise and enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If a court finds any portion of these TOU to be unenforceable or invalid, that portion will be enforced to the fullest extent permitted by applicable law and the remainder of the TOU will remain valid and enforceable. You and Us are at all times independent contractors and there are no third-party beneficiaries to this TOU.