API Terms of Use
Introduction
- Channel Four Television Corporation and 4 Ventures Limited ("we" and "us" and "Channel 4") welcome you to the Channel 4 open platform (the "Channel 4 API") through which you may access and use a selection of Channel 4 and third party content and data (the "Channel 4 Content") which is available on www.channel4.com or other websites controlled or operated by Channel 4 (the "Channel 4 Websites").
- By applying to use and/or using the Channel 4 API and Channel 4 Content you are deemed to have accepted these terms and conditions, our Privacy Policy and the Channel 4 API Documentation (collectively the "Channel 4 API Terms") as may be updated from time to time, and to have entered into an agreement with us on such terms. Please read the Channel 4 API Terms carefully as they set out your rights and obligations and the terms on which Channel 4 makes the Channel 4 API and the Channel 4 Content available to you. If you do not agree with the Channel 4 API Terms then please do not use or apply to use the Channel 4 API.
Important Notices
- Please note that we do not provide warranties for the Channel 4 API or the Channel 4 Content. The Channel 4 API Terms also limit Channel 4's liability. These terms are set out in the Disclaimer and Limitation of Liability sections below. Use of the Channel 4 API and Channel 4 Content is at your sole risk and cost.
- The Channel 4 API is being made available on a trial basis until an end date to be decided by us. We will notify you prior to the end of the trial period by posting the relevant end date on the http://developer.channel4.com or by updating these Channel 4 API Terms. At the end of the trial period we may require you to delete all Channel 4 Content from your Site and systems and to require you to reapply. We do not intend to charge users for access to the Channel 4 API during the trial period but we reserve the right to charge fees for future use or access to the Channel 4 API and Channel 4 Content at our discretion. If you do not agree with a decision to charge a fee for accessing and using the Channel 4 API and/or Channel 4 Content then you remain free to terminate your use of the Channel 4 API at any time by ceasing to use the Channel 4 API and Channel 4 Content.
- We reserve the right to change the Channel 4 API Terms of Use at any time and you are responsible for regularly reviewing these Channel 4 API Terms. Your continued use of the Channel 4 API and Channel 4 Content after the effective date of such changes will constitute acceptance of and agreement to any such changes. Details of any changes to the Channel 4 API Terms will be posted in the Variation section below.
- We may suspend, limit or discontinue access to the Channel 4 API at any time (either by you individually or to users generally) without notice and we are under no obligation to make any particular content available as Channel 4 Content and you acknowledge and accept that access to and availability of the Channel 4 API and Channel 4 Content is not guaranteed, nor can we ensure that it will be uninterrupted or error free.
Getting Started
- If you wish to use the Channel 4 API you must submit an Application for our approval. If we approve your Application then we will issue you with an API Key (see below for further information). Use of the API Key issued to you is personal to you, non-transferable and solely for the use of the Channel 4 API for the purpose (the "Purpose") and website or application ("your Site") named in your Application. You must submit a separate Application for each use and website or application through which you wish to access the Channel 4 API and on which you wish to publish the Channel 4 Content. Channel 4 reserves the right, at its sole discretion, to refuse or reject your Application.
- By submitting an Application and using the Channel 4 API and Channel 4 Content you represent, warrant and undertake to us that:
- You control and will retain control of your Site for the duration of any use of the Channel 4 API and Channel 4 Content on your Site;
- you have full power, capacity and authority to accept these Channel 4 API Terms and if you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Channel 4 API Terms. (If you do not have authority to bind, please ensure that an authorised person from your entity makes the Application and consents to and accepts these Channel 4 API Terms);
- all information provided by you to us is accurate, true and up to date and that you will immediately notify Channel 4 if this information changes;
- your Site complies and will continue to comply with all applicable laws and regulations;
- your Site does not and will not (i) contain material that breaches applicable laws or regulations, or which is defamatory, obscene, indecent, offensive or discriminatory or which infringes any third party rights; (ii) promote or incite violence, hatred or any unlawful activity; or (iii) be calculated to bring us or any broadcaster or other person into disrepute; or (iv) be presented in a way that an end user might be confused as to whether they are on a Channel 4 website; and
- In your use of the Channel 4 Content and/or the Channel 4 API you will not do anything which, in our reasonable opinion, could cause damage to our reputation or the reputation of any of the Channel 4 Content or any of our Channel 4 brands or bring us or the Channel 4 Content or our brands into disrepute or which could otherwise cause harm to us.
Licence to use the Channel 4 API and Channel 4 Content
- If your Application is approved by us then, subject to your continued compliance with these Channel 4 API Terms, we grant you a limited, personal, non-exclusive, non-transferrable, non-sub-licensable non-commercial, revocable license to:
- access and use the Channel 4 API using the API Key issued to you; and
- display the Channel 4 Content retrieved through the Channel 4 API in electronic form on your Site to end users located in the United Kingdom without charge for their non-commercial and personal use only,
solely in accordance with your Purpose as set out in your approved Application and these Channel 4 API Terms. All rights not expressly granted to you are reserved by us. For the avoidance of doubt, this licence does not extend to content from the Channel 4 Websites or any other material belonging to Channel 4.
- You are only permitted to reproduce our trademarks, logos and branding as they are delivered through the Channel 4 API as part of the Channel 4 Content (and only in such form and position within the Channel 4 Content) and nothing in these Channel 4 API Terms grants you any right to use any of Channel 4’s trademarks, logos or branding (including without limitation the “4” mark or the 4OD logo) on your Site or elsewhere. Any use of Channel 4’s proprietary marks or branding shall require our prior written permission in each case..
- The licence to use the Channel 4 API and Channel 4 Content on your Site is solely for the Site meeting the description approved in your Application. If your Site changes its focus or is otherwise materially changed or you wish to use the Channel 4 Content in a different way to the Purpose set out in your Application you must notify us in advance and any use of the Channel 4 API and Channel 4 Content in a different way to that set out in your Application is subject to our prior written approval.
- You acknowledge and agree that Channel 4 Content may include advertising and sponsorship and for the avoidance of doubt you shall not be entitled to any revenues from advertising and sponsorship included in the Channel 4 Content. We do not accept responsibility for ensuring any advertising or sponsorship is appropriate for your end users and/or lawful when published on your Site.
- Channel 4 Content may contain analytics code that allows us to gather information on use of our Channel 4 Content and you will not disable or interfere with any such analytics code. While the data collected allows us to link this information to your Site we will not collect any personal data relating to your end users and we agree that we will not publish or disclose to any third party any data that identifies you or your Site.
- Your use of the Channel 4 API and the Channel 4 Content is solely at your own risk.
Access to the Channel 4 API and Implementation of Channel 4 Content on Your Site
- You may only access the Channel 4 API and request Channel 4 Content using the API Key registered for your Site.
- You are limited to 5000 calls to the Channel 4 API per day. We may approve higher daily call limits at our discretion. (A "call" means a single http request from your Site to the Channel 4 API). (You may request an increase in this quota by contacting us in accordance with the Contact Us section below). This quota will expire at the end each day and any unused calls cannot be carried over.
- You may not use the Channel 4 API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the Channel 4 API Terms as determined by Channel 4 in its sole discretion.
- Your use of the Channel 4 API and Channel 4 Content must be in accordance with the implementation requirements for use of the Channel 4 API set out in the Channel 4 API Documentation.
- Any video content made available as part of the Channel 4 Content may only be made available to end users as streamed content and you shall not provide such video content for download or via any other method.
- You must have virus checking software and firewalls which are at least industry standard implemented on your Site.
- You must ensure the Channel 4 Content delivered through the Channel 4 API is displayed prominently on the approved Site and if the Channel 4 Content is presented as one of a number from other broadcasters ensure that the Channel 4 Content is never ranked lower than the top three in that list (e.g. BBC iPlayer, ITV Player, 4OD, Five on Demand etc).
- You are responsible for all activity under your API Key and you must keep your API Key confidential and not share it with any third party. You must immediately notify us of any unauthorised use of your API Key or other breaches of security.
- The license to use the Channel 4 API and Channel 4 Content is personal to you and to your Site, and you must obtain a separate API Key if you want to use the Channel 4 API with another website or application and any affiliates or third parties must seek and obtain their own license and API Key.
- The Channel 4 API is provided without support. Further information about the Channel 4 API is available in the Channel 4 API Documentation.
- Channel 4 may release subsequent versions of the Channel 4 API (and/or Channel 4 Content) and require you to obtain and use the most recent version. You acknowledge that new versions may not be compatible with previous implementations.
Lifecycle/Caching of Channel 4 Content
- Save as set out below, you are not entitled to retain or make any copies of the Channel 4 Content and your license is limited to making direct server calls to the Channel 4 API for purposes of displaying the Channel 4 Content on your Site immediately upon receipt by your servers.
- You may only cache Channel 4 Content if this is permitted in the Channel 4 API Documentation and then only as set out therein.
- You must either replace (by re-requesting) or delete all Channel 4 Content (including any cached Channel 4 Content) you hold (whether or not published on your Site) at least every 24 hours. You must not keep or display any Channel 4 Content for longer than 24 hours.
Prohibited Uses
- You shall NOT:
- edit, adapt, modify, translate or otherwise alter the Channel 4 Content;
- remove, obscure or disable any of the Channel 4 Content (including but not in limitation any trademarks, logos, watermarks, advertisements, sponsorships or other promotional trailers, guidance notes, or content summaries contained in the Channel 4 Content) or links delivered by the Channel 4 API ("Channel 4 Links") with the Channel 4 Content;
- attempt to, or assist any other person to, circumvent or remove any security technology such as DRM or geo-blocking associated with the Channel 4 Content;
- attempt to access the Channel 4 API except through your registered API Key and then only for use of the Channel 4 API on your Site (as approved by us in your Application);
- reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Channel 4 API or any Channel 4 Content or any third party software or applications associated with the Channel 4 API;
- use (or permit others to use) Channel 4 Content or the Channel 4 API for any unlawful purpose or in any way that infringes or is likely to infringe the rights of any third party (including but not limited to copyright or other intellectual property rights, and/or rights of privacy and/or confidentiality);
- directly or indirectly suggest any endorsement or approval by Channel4 of you, your Site, your products or services or any other third parties (such as advertisers/sponsors) or their products or services;
- use the Channel 4 Content in a way that is derogatory to Channel 4 or its television channels or other services or to the Channel 4 Content or to the author of the Channel 4 Content or of any other person;
- use the Channel 4 API in a manner which adversely affects any Channel 4 services in any way (as determined by us in our sole discretion);
- misrepresent or confuse end users into thinking they are on a Channel 4 service or present Channel 4 Content (or permit it to be presented) so that it appears to be available from a third party or third party website;
- when an end user clicks on a Channel 4 Link, frame the subsequent destination but shall ensure that such Channel 4 Links open to a new window as intended by us;
- use the Channel 4 API and/or Channel 4 Content for any commercial purposes without our prior permission, by way of examples only, you shall not:
- sell or sublicense access to the Channel 4 API or use of the Channel 4 Content;
- include a pay wall between end users accessing Channel 4 Content;
- place advertising or sponsorship on or within Channel 4 Content or as pop ups when end users click Channel 4 Links (save that your Site may contain advertising provided you do not associate Channel 4 Content directly or indirectly with such advertisements or advertisers and provided such advertisements are not illegal or discriminatory or otherwise in breach of relevant advertising regulations and provided also that if you wish to create webpages on your Site containing only Channel 4 Content and to serve advertising or sponsorship on these webpages you must seek our prior written approval);
- use the Channel 4 API and/or the Channel 4 Content to promote your Site as an alternative destination to the Channel 4 Websites or otherwise compete with Channel 4's on demand services;
- make any publicity statement or press release that Channel 4 Content is available on your Site or otherwise promote the availability of Channel 4 Content on your Site from any other platform except your Site without our prior written consent; or
- make Channel 4 Content available to users outside the United Kingdom or export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information in violation of export control laws or regulations or other laws or regulations of any country within whose jurisdiction you operate or do business.
End Users of your Site
- You are solely responsible for imposing and enforcing appropriate terms and conditions on end users of your Site which meet the requirements of these Channel 4 API Terms in respect of use of Channel 4 Content and these must contain, at a minimum, provisions which cover the following:
- the Channel 4 Content is displayed on your Site for end users personal and non-commercial use only;
- a statement that all title, ownership rights and intellectual property rights in and to the Channel 4 Content is and shall remain the property of Channel 4 and/or its licensors;
- a prohibition on republication, retransmission, reproduction or any other use of the Channel 4 Content; and
- you must not give any warranties or make any representations or make any other promises in relation to the Channel 4 Content and accordingly your Site terms and conditions must include provisions equivalent to the Disclaimer and Limitation of Liability sections below in respect of Channel 4 Content.
- Your Site must also contain an appropriate privacy policy and you must abide by your privacy policy and all applicable laws and regulations relating to the collection of information from your Site's end users by you or third parties authorised by you.
- You are solely responsible for ensuring that the Channel 4 Content you select and display on your Site complies with all local laws and regulations and that the Channel 4 Content is suitable for your Site’s end users.
Compliance
- We reserve the right to monitor your use of the Channel 4 API and the Channel 4 Content.
- We may remove or limit your access to the Channel 4 API and/or withdraw all or part of the Channel 4 Content at any time and for any reason at our sole discretion. Channel 4's decision is final and no correspondence or discussion will be entered into.
- You must promptly inform us in writing by email (see Contact Us section below) if you receive any enquiry, complaint or claim from an end user or other third party in relation to Channel 4 Content and provide details of such enquiry, complaint or claim to us.
- You must immediately comply with the instructions contained in any legal notice or other notice that we send you in respect of the Channel 4 Content (which may require you to cease using certain Channel 4 Content) and unless a different time period is specified you must comply within 24 hours of our sending you such notice (and you undertake to keep confidential the existence and content of any such legal notice sent to you by us).
- It is your responsibility to ensure your use of Channel 4 Content complies with all relevant local laws and regulations, and to ensure that you have all necessary authorisations, licenses and registrations to provide the Channel 4 Content and to take independent legal advice where appropriate;
Indemnity
- You agree to indemnify and keep indemnified Channel 4, its subsidiaries, affiliates, officers, agents, employees, and suppliers from and against any claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of the Channel 4 API and Channel 4 Content or arising from or as a result of any breach or alleged breach of the Channel 4 API Terms by you or your violation of any law or regulation or the rights of any third party.
Disclaimer
- THE CHANNEL 4 API AND CHANNEL 4 CONTENT ARE PROVIDED 'AS IS' AND ON AN 'AS AVAILABLE' BASIS WITHOUT ANY REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. WE MAKE NO GUARANTEES THAT THE CHANNEL 4 API OR THE CHANNEL 4 CONTENT WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE CHANNEL 4 API OR CHANNEL 4 CONTENT OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS. THE CHANNEL 4 CONTENT AND CHANNEL 4 API DOCUMENTATION MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THESE OR THE RELIABILITY OF ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE CHANNEL 4 API OR CHANNEL 4 CONTENT (INCLUDING PROVIDED THROUGH ANY SOFTWARE) OR THE CHANNEL 4 API DOCUMENTATION OR THE CHANNEL 4 WEBSITES. YOU ACKNOWLEDGE THAT RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PART OF THE CHANNEL 4 API OR CHANNEL 4 CONTENT AND TO MAKE CHANGES TO THE CHANNEL 4 API OR TO THE CHANNEL 4 CONTENT AT ANY TIME WITHOUT NOTICE.
Limitation of Liability
- IN NO EVENT WILL WE OR OUR THIRD PARTY AFFILIATES BE LIABLE FOR ANY DAMAGES, LIABILITIES, LOSSES OR EXPENSES WHATSOEVER, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER ACTION, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF USE OF THE CHANNEL 4 API OR CHANNEL 4 CONTENT, DAMAGE TO EQUIPMENT OR OTHER SOFTWARE, OR LOSS OF DATA OR PROFITS OR FOR OTHER MONETARY LOSS OR FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE CHANNEL 4 API OR CHANNEL 4 CONTENT (EVEN IF YOU HAVE PREVIOUSLY ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES). IN ADDITION, IN NO EVENT SHALL WE OR OUR LICENSORS OR THIRD PARTY AFFILIATES BE LIABLE FOR ANY UNAUTHORISED USE OF THE CHANNEL 4 API OR CHANNEL 4 CONTENT. USE OF THE CHANNEL 4 API AND CHANNEL 4 CONTENT IS ENTIRELY AT YOUR SOLE RISK. TO THE EXTENT CHANNEL 4 IS LIABLE TO YOU FOR ANY REASON CONNECTED WITH YOUR USE OF THE CHANNEL 4 API OR CHANNEL 4 CONTENT THEN CHANNEL 4'S ENTIRE LIABILITY SHALL BE LIMITED TO THE SUM OF £100. THESE EXCLUSIONS AND LIMITATIONS DO NOT APPLY TO DEATH OR PERSONAL INJURY CAUSED BY CHANNEL 4'S NEGLIGENCE AND ONLY APPLY TO THE EXTENT PERMITTED BY LAW.
- WE WILL NOT BE LIABLE IN ANY CIRCUMSTANCES TO YOUR END USERS OF CHANNEL 4 CONTENT.
- CHANNEL 4 CONTENT MAY CONTAIN LINKS TO WEBSITES PROVIDED BY THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF SUCH SITES.
- EACH PARTY ACKNOWLEDGES THAT THE OTHER HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY STATED IN THESE CHANNEL 4 API TERMS OF USE AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES.
Channel 4's Proprietary Rights
- The names, images and logos identifying us, our associated companies or third parties and their products and services are proprietary marks of these parties. Nothing in the Channel 4 API Terms shall be construed as conferring any licence or right under any of our intellectual property rights, or the intellectual property rights of our associated companies or any other third party unless expressly stated otherwise. All copyright, trade marks and other intellectual property rights in the Channel 4 API, the Channel 4 Content and the Channel 4 Websites (including the design, arrangement and look and feel) and all material, software or content supplied as part of the Channel 4 API, Channel 4 Content and Channel 4 Websites, shall remain at all times our property or that of our licensors and are protected by copyright law and other intellectual property laws. We reserve all rights in the Channel 4 API, Channel 4 Content, Channel 4 Websites (and all content on the Channel 4 Websites), our trademarks, logos, and other proprietary marks and save as expressly granted herein no rights to use the same, express or implied, are granted to you.
Termination
- Channel 4 may change, suspend or discontinue all or part of the Channel 4 API and/or suspend or terminate your use of all or part of the Channel 4 API and/or Channel 4 Content at any time for any reason without notice.
- Your permission to access the Channel 4 API and to use Channel 4 Content shall terminate automatically on the occurrence of any of the following:
- You commit a breach of these Channel 4 API Terms;
- We cancel or suspend one or all of the API Keys associated with your Site(s);
- We provide written notice to you of such termination;
- We withdraw the Channel 4 API product.
- Our right to terminate your use of the Channel 4 API and/or Channel 4 Content is without prejudice to any other rights and remedies that we may have under these Channel 4 API Terms or provided by law.
- You may also terminate your use of the Channel 4 API and/or Channel 4 Content by removing implementation of the Channel 4 API from your Site and deleting all copies of Channel 4 Content.
- On suspension or termination of your use of the Channel 4 API for any reason you will immediately cease to use and/or display any Channel 4 Content and you will remove all Channel 4 Content from your Site and delete any remaining Channel 4 Content in your possession.
- The following sections of these Channel 4 API Terms shall survive termination or expiry of the agreement between us for any reason: Indemnity, Disclaimer, Limitation of Liability; Channel 4's Proprietary Rights, Termination, General, and Law and Jurisdiction.
General
- Any personal information you provide will be used by us in accordance with Channel 4's Privacy Policy. We will use any personal information you provide to us as part of or in connection with your Application and/or use of the Channel 4 API for the purposes of performing this agreement, and in particular, to assess your Application, to provide you with access to the Channel 4 API, to provide notices to you under this agreement and for general administration of your authorisation to access the Channel 4 API and Channel 4 Content and you acknowledge and agree that we may pass your personal information to our service providers and partners to the extent necessary for these purposes (and that this may involve a transfer of your personal data outside the European Economic Area). Please notify us immediately if your details change following registration by email us using the address set out in the Contact Us section below.
- If you access the Channel 4 API outside of the United Kingdom, you are responsible for compliance with all local laws.
- Part of the Channel 4 API may be powered by, hosted, or otherwise managed by third parties (including without limitation, Mashery Inc). Such third parties may impose their terms of use on you in respect of the Channel 4 API area they control and you agree that you shall comply with such terms in your use of the Channel 4 API and Channel 4 Content. In the event of a conflict between the Channel 4 API Terms and those of any third party these terms shall prevail to the extent such conflict affects Channel 4 Content.
- This agreement is personal to you. You may not assign, sub-licence, transfer or dispose of the rights licensed under this agreement. We can transfer its rights and obligations under the Channel 4 API Terms to any company, firm or person provided this does not affect your rights under the Channel 4 API Terms.
- You agree that we may use your name, and the URL on which you are using the Channel 4 API, in marketing and publicity for the Channel 4 API.
- Nothing in this Agreement shall be construed as creating a partnership or joint venture of any kind between us and you or as constituting either of us as the agent or employee of the other for any purpose. You shall not hold yourself out to any third party as having authority to bind us nor create any liability on behalf of the same in any way.
- These Channel 4 API Terms and your Application set out the complete understanding and agreement between us and you and may only be amended or waived in writing by us. No waiver by us of any failure by you to comply with or perform a provision of these Channel 4 API Terms shall be deemed to be a waiver of any preceding or succeeding failure. In the event that any of the provisions of this Channel 4 API Terms are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- Any notice under this Agreement may be given personally, by fax or by sending it in our case to: Corporation Secretary, Channel Four Television Corporation, 124 Horseferry Road, London, SW1P 2TX and in your case to your address as provided in your Application. Any such notice shall be deemed to be effective immediately on personal delivery, on receipt of a fax confirmation notice or 48 hours after posting.
Law and Jurisdiction
- The Channel 4 API Terms of Use shall be governed by and construed in accordance with the laws of England. Any disputes arising from or in connection with the Channel 4 API, Channel 4 Content or these Channel 4 API Terms (including any non-contractual or tortuous claims) will be decided only by the English courts.
Contact us
- developer@channel4.co.uk
Variation
- First published: 17 June 2010