By applying to register to use any Dorling Kindersley Limited API made available to you through the Pearson “Plug & Play” Platform (a “DK API”), you are regarded as having accepted the following terms and conditions ("the DK Terms"), so please read and abide by them.
1. INTELLECTUAL PROPERTY
The DK API and all logos, designs, text, graphics, artwork, audio and video and other material provided via any DK API (“DK Content”) are the property of Dorling Kindersley Limited (“DK”) or its suppliers and are protected by international copyright laws.
'Dorling Kindersley', 'DK', 'Eyewitness' and the DK logo are registered or unregistered trade marks of DK.
2. USE OF THE DK API AND DK CONTENT
2.1 You acknowledge that DK may accept or refuse any application to use the DK API as DK may determine in its sole discretion. Further, you acknowledge that DK withdraw your access to any DK API for any reason and at any time in its sole discretion.
2.2 Subject to DK’s acceptance of your application to use a DK API, DK hereby grants to you a non-exclusive, royalty-free, worldwide, revocable licence to download, copy, reproduce, republish, post, transmit, store, or distribute that DK API and the DK Content provided via that DK API in any way subject always to the following restrictions and the terms of clause 3 below:
• Your use of the DK API and DK Content is restricted to the parts thereof that were specified by you in your application to use the DK API and that were specifically approved by DK when it accepted your application.
• Each product or application produced by you that features any DK Content or uses the DK API shall feature the legend “Content provided by DK” and you shall display the credit “Content provided by DK” in the splash screen, home screen and credit section or terms and conditions (as appropriate) for that applicable product or application. The credit “Powered by DK” must not be used in conjunction with any content other than DK Content.
• You shall not modify DK Content in any way (save for cropping, resizing and formatting);
• You shall not reverse engineer, decompile or otherwise attempt to extract the source code of any DK API, DK Content or any part thereof, unless this is expressly permitted or required by applicable law.
• You shall not use any DK Content or DK API in any product, service or application that you have developed for or on behalf of any competitor of DK including, for example only and without limitation, any other publisher of travel guides or general reference products;
• Any product, service or application that incorporates the DK API or DK Content must only be made available to end users for their personal use only.
• The DK Content and DK APIs are provided to you only for use in the English language and you shall not translate or procure or publish any translation of any part of the same into any other language.
3. CALLS TO DK API AND CHARGES
3.1 Your product may not make more than 5,000 free calls per month through the Pearson Plug & Play scheme. If you would like to make more use of the DK content you may upgrade by clicking on your application in My Apps and choosing the Upgrade option or by contacting DK at firstname.lastname@example.org. When you upgrade, you will be asked to estimate the number of calls that your application will make to the DK API per month. Any applicable charges shall be paid monthly in advance.
3.2 In the event that the actual number of calls made by your application to the DK API exceeds the number of calls that you requested in your application, DK reserves the right in its sole discretion to:
a) limit your call rate to the band that you specified in your application;
b) block your feed from the DK API; or
c) automatically charge you the appropriate fee for the actual number of calls made by your application.
3.3 In respect of any websites into which you incorporate the DK API, calls to the DK API may be stored in the cache for a maximum of one hour after which time they must be deleted.
3.4 In respect of any other digital products or applications into which you incorporate the DK API, calls to the DK API may be stored for a maximum of seven days after which time they must be deleted.
4. LIABILITY DISCLAIMER
DK APIs and DK Content are provided by DK in good faith but DK does not make any representations or warranties of any kind, express or implied, in relation to all or any part of any DK API or DK Content and all warranties and representations are hereby excluded to the extent permitted by law.
There is no guarantee that the DK API or DK Content will be free of infection by viruses or anything else which may be harmful or destructive.
To the extent permitted by law, DK hereby disclaims all liability (howsoever arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the DK Content or the DK API, or any action taken (or refrained from being taken) as a result of using any of these.
5. CHANGES TO CONTENT
You acknowledge that any DK API and all DK Content are subject to change. DK hereby reserves the right to change any DK Content at any time, in its sole discretion and without notice.
6. INCORPORATION OF PEARSON PLUG & PLAY TERMS
The Pearson Plug & Play platform terms and conditions (the “P&P Terms”) also apply to your use of any DK API or DK Content and the P&P Terms are hereby incorporated into these DK Terms. To read the P&P Terms, please click here.
7. CHANGES TO THESE TERMS
DK reserves the right to add to or change these DK Terms and agrees to ensure that a note of the date and clause number of any such amendments will be included as part of the DK Terms. Any changes will be posted to this page and it is your responsibility as a user to ensure that you are aware of any such changes from time to time. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to access the DK API after that time.
If any of these DK Terms is held by a court of law in any territory to be invalid, illegal or otherwise unenforceable, then, to the extent that it is held to be so, and with regard to the relevant territory only, that provision shall be severed and deleted from these DK Terms, provided that the remaining provisions of these DK Terms shall remain binding and enforceable and the severed provision shall also remain so in all other territories.
9. GOVERNING LAW
These Terms shall be governed by, and construed in accordance with, English law, and any disputes that may arise under or in relation to these Terms shall be subject to the jurisdiction of the courts of England.
If you have any questions or feedback about these DK Terms or the DK APIs or DK Content, feel free to contact us at email@example.com.