Licence for use of Festivals Edinburgh’s Summer Festivals Listings API v2.0Introduction1. Welcome to Festivals Edinburgh. This document sets out the terms and conditionsunder which we – Festivals Edinburgh Limited, a company registered in Scotland (No.SC331673), whose registered office is at Business Centre G1, Waverley Court, 4 East MarketStreet, Edinburgh EH8 8BG – permit you to use the Summer Festivals Listings API (“theAPI”).2. The API is made available on an “as is” basis and for that reason you should inparticular read the section headed “disclaimers” below.Agreement3. This agreement is formed if and when you register for access to the API and we acceptyour registration. By applying for access to the API you agree that, if your application isaccepted, you will abide by these terms and conditions.4. If you are an individual and intend to use, or do use, the API in the course of youremployment, then you agree, on behalf of your employer, that your employer will also bebound by this agreement and that you have the authority to agree to these terms andconditions on your employers behalf.5. In this agreement: i) “the API” refers to the listings data API, described at http://api.festivalslab.com/ ii) “Fringe” means the Edinburgh Festival Fringe. iii) - “Fringe data” means data concerning shows and events forming part of the Edinburgh Festival Fringe. iv) “writing” includes electronic mail, but not instant messaging or SMS text messages; v) “listings data” refers to any data made available to you by use of the API.User privileges6. Each API will be associated with a set of privileges defined by a “use type” which willdetermine the use that you are allowed to make of that API and the conditions associatedwith that use when you are using that API key. In outline, the three use types are: A – a generic use type which is the default. B – intended for use by media organisations. C – intended for application developers.7. Use type A will have access to Summer Festivals listings excluding the Fringe. Use typesB and C will be able to access Fringe data in addition to the other Summer Festivals data.8. We would prefer you to register for a separate API key for each distinct use (website,application) for which you make of the listings data. You will need to do this if you wishmore than one use type at the same time (for example if you are a media organisationthat is also developing applications based on the listings data). If you have any questionsabout which API key to use, or want to request a different use type, please feel free tocontact us at email@example.com.
Permitted use for all use types9. Subject to this agreement, you may do any of the following: a) produce works using or incorporating the listings data for any lawful purpose, including commercial applications b) modify, transform and build upon the listings data10. You may only use the API if you have registered with us and been allocated an APIkey.11. In order to support data accuracy, you must ensure that all applications or associatedservers check for updates from the API at least every 24 hours. The API allows forquerying by updated field with notes available in the API documentation.12. In relation to any event, other than one associated with the Fringe, you must ensureno links associated with that event target any ticketing website other than: a) the individual festival websites; b) a website operated by a venue for purchase of tickets to an event taking place at that venue only; or c) any of edinburghfestivals.co.uk, clicket.co.uk or hubtickets.co.uk13. You must ensure that all links to individual Fringe shows or events deep link to theappropriate URL on the edfringe.com website, for examplehttp://www.edfringe.com/whats-on/childrens-shows/revolting-rhymes. Links relating toFringe shows or events must not be made to any other ticketing site, including thevenues own site.14. If we believe that your use of the listings data is offensive, misleading or inaccuratelyrepresents the data in any way, we may, in our absolute discretion, request that youamend or remove any published material derived from the listings data. You mustpromptly comply with any such request.Further conditions – use type A15. If you are a type A user, you must comply with all the conditions under this heading.16. Where you publish any work that is derived from the listings data: a) You must attribute it to Festivals Edinburgh or festivalslab, for example by stating “data provided courtesy of the festivalslab 2011 API initiative” or similar. b) Any attribution should include a reference to the Festivals web page at www.festivalslab.com which, where the nature of the work permits (for example in the case of a web page or PDF) in the form of a hyperlink to that web address. c) You must state that any applications developed using or incorporating the listings data are not official festival applications unless this has been explicitly agreed in writing with us, or the relevant festival organisation.17. In order to support data integrity, you must not redistribute listings to third partiesby means of either data feeds or data dumps.Further conditions – use type B18. Subject to this agreement, you may also publish and distribute the listings data
through your own channels.19. You must not share the listings data in the form of a static dump other than internallywithin your organisations for use in your own publications.20. We realise that the nature of your use of a type B API may make it difficult orimpossible to meaningfully attribute the source of the listings data to us. We ask thatyou give reasonable attribution to us where it is reasonably practical for you to do so.Further conditions – use type C21. You will only be allowed access to a live version of the listings API once yourapplications has been tested and approved by us.22. Your application must state clearly, in a place that will be seen by users of yourapplication each time the use it that: a) its data source is Festivals Edinburgh 2011 by stating in an appropriate place that data has been provided “data provided courtesy of the festivalslab 2011 API initiative” or similar including a link (where possible) to www.festivalslab.com; b) it is not an official festival application (unless this has been explicitly agreed in writing with us, or the relevant festival organisation).23. You must further support data accuracy by ensuring that any client applications,where-ever practical, attempt to retrieve fresh listings data if they have been offline forperiods of longer than 24 hours.24. In order to support data integrity, you must not redistribute listings to third partiesby means of either data feeds or data dumps.25. You must re-submit any application for testing and approval where significantchanges to the application, such as the interpretational presentation of data, orfunctionality based on new material, are introduced. You may not publish or allow accessto the version of the application that has been re-submitted to us, until we have givenour approval for its use.Termination26. We may terminate this agreement if: a) we are required to do so by law; b) we reasonably believe that you have failed to comply with any terms of this agreement.27. You may terminate this agreement by sending us notice in writing.28. If this agreement comes to an end for any reason: a) we may prevent any further access to the API using your API key; and b) you must delete all listings data that is under your control.Changes to Terms and Conditions29. We may amend these terms and conditions from time to time by posting a newversion to http://festivalslab.com/api2011/api-licence. If you continue to use the API afterwe have changed these terms and conditions, you will be deemed to have accepted anychanges we have made. If you do not wish to be bound by a change in the terms and
conditions, you should terminate the agreement.DisclaimersWARNINGThe nature of these terms and conditions is purely permissive. We permit you to use theAPI as and when it is available. We do not contract to make it available now or at any timeor to provide any particular level of service and we reserve the right to suspend theavailability of the API at any time. You should therefore make sure that you do not rely onthe availability of the API for anything critical to you or your business.The information available using this site is compiled from a variety of sources. While wehope that it is accurate and complete, we cannot ensure that it is. In using the site youaccept that the information available may be inaccurate or incomplete.Therefore, except in so far as we are prevented from doing so by law, we exclude allliability arising from your use of the site for any reason including (but not limited to) itsfailure to operate, its returning of inaccurate or incomplete information or otherwisefailing to generate data in accordance with its documented API.30. For the reasons set out in the “Warning” section above, you agree that: a) we will not be liable to you for any indirect or consequential damages however they might have been caused and even if they were due to our, our or contractors negligence; b) we will not be liable for any loss of profit, opportunity or data.31. We do not give any you any warranty as to the accuracy of the data, the reliability ofthe API or the suitability of the API for any particular purpose. Any implied terms as toquality or fitness are excluded as far as it is lawful to do so.Privacy32. You agree that we may process your personal data in accordance with our privacypolicy.33. You will be invited (once only) to participate in a short case-study interview to helpsupport the festivals understanding of open data approaches in the cultural sector.General34. This agreement shall be governed by and shall be construed in accordance withEnglish law. Each party also agrees, to the extent that is permissible by law, to submit tothe exclusive jurisdiction of the courts of England and Wales.35. Any delay in exercising or any complete or partial failure by us to exercise any rightunder this agreement does not constitute a waiver of that right.36. If any terms of this agreement are held to be void or contrary to law, then they shallbe severed from the remainder of the agreement, which shall be read so far as possiblewithout them.37. The Contracts (Rights of Third Parties) Act does not apply to this agreement.38. Nothing in this agreement constitutes a Partnership between the parties.39. Nothing in these terms and conditions is a restriction of liability for death or personal
injury resulting from any fault on our behalf, nor does it curtail or restrict your statutoryrights.