Rules of the game
The ESPN API is an extension of the ESPN brand. Our mission is to serve sports fans. Anytime. Anywhere. By opening our application programming interfaces ("ESPN API"), we are empowering you to create the products and services that you believe sports fans want. We encourage you to dive in, take a swing, aim for the fences, and break the ribbons.
Please read the following terms and conditions so you know the rules of the game before playing.
ESPN will determine in its sole discretion the APIs (and related Content) and Tools available in the ESPN API, and may impose certain requirements with respect to the use of ESPN trademarks, logos or other intellectual property or proprietary content (collectively, "ESPN Property") in Apps that use or access any API, including, for example, whether an App must be ESPN-branded, how ESPN Property must appear in an App, how much Content may be used in an App, and the amount of times particular Content may be displayed in an App.
3. Creating Apps
The following default rules apply to all Apps:
- Branding. All Apps must include an approved ESPN trademark, logo or other intellectual property (each, an "ESPN Mark").
- Advertising. No advertising or sponsorship of any kind may appear on or be associated with any App (unless included in the Content made available by ESPN).
- No Charge. All Apps must be offered free of charge to download or otherwise access and may not contain any in-App purchase features.
Your License to ESPN. You grant to ESPN a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sublicenseable and transferable (in whole or in part) worldwide license to use, in all means and media now known or hereafter devised, the information you provide about yourself, your company and your App in connection with ESPN’s descriptions, marketing or promotion of the ESPN API, and the Apps developed through it. This license does not give ESPN the right to create commercial products out of your name or likeness, absent your prior written approval.
The following obligations apply to your use of the ESPN API (and related Content) and Tools:
- Security. You agree to access and handle the ESPN API (and related Content) and Tools in a secure manner. You will report to ESPN any violations of the security of your systems that access the ESPN API or provide access to Content or Tools. ESPN may investigate your compliance with the security measures you have established for your Apps.
- Use of ESPN Property. As a condition to launching an App, ESPN may require that you use certain ESPN Property including, without limitation, ESPN Marks. ESPN shall have sole discretion to determine the ESPN Property to be used in connection with a particular App, and the terms governing use of such ESPN Property. You may not create derivatives of ESPN Property, or use the “ESPN” name or any other ESPN Marks in the title of your App without ESPN’s prior written approval. Your use of ESPN Property, the ESPN API (and related Content) and Tools may not (i) imply in any way that ESPN endorses your or your company’s products/services or (ii) portray ESPN in a negative manner (as determined by ESPN in its sole discretion).
- Use of our Content. You may not change or edit the Content (e.g., modify, augment). You agree to follow ESPN’s branding rules and linking rules, as set forth here: http://developer.espn.com/branding. You also agree to delete any Content upon ESPN’s request (or if ESPN disables the ESPN API (or upon termination, see below)). You agree to configure your Apps to request only Content that is needed by such App. You may not (except with ESPN’s prior written approval): (i) use any Content, or the ESPN API or Tools for any commercial purpose; or (ii) redistribute the Content or Tools except within your Apps.
- Your Apps; Compliance With Applicable Laws; No Endorsement by ESPN. You agree to maintain your Apps and your systems in accordance with industry standard quality levels. Further, you agree that your Apps will comply with all applicable laws (including, without limitation, privacy laws) of the United States and other countries, as applicable, and you understand that you are solely responsible for ensuring that your Apps comply with such laws. The ESPN API (and related Content) and Tools may be protected by copyrights, trademarks, service marks, international treaties, and/or other intellectual property or proprietary rights. You agree to abide by all notices and/or restrictions applicable to the use of any APIs (and related Content) and Tools.
- Third Party Content. If any third party names, trademarks, logos or other intellectual property or proprietary content in any format (e.g., text, audio, audio-visual) (collectively, “Third Party Content”) are included in your App, you represent that you own or have all necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use or exploit such Third Party Content in your App. In addition, you may not imply (in your App or otherwise) that any Third Party Content is endorsed by ESPN.
- API Volume. ESPN will set a “call volume” for the ESPN API. You agree to notify ESPN if you believe you need to exceed the expected call volumes.
- Use of the Developer Keys. ESPN will provide a “Developer Key” in connection with your access and use of the APIs. ESPN may grant or remove a Developer Key for any reason in its sole discretion. Developer Keys are personal to you. You are responsible for maintaining the secrecy and security of your Developer Keys. ESPN will provide a link for “Developer Key” retrieval and/or replacement in the event you are unable to remember or use your key. You may not transfer Developer Keys to any other person or entity without ESPN’s prior written approval.
ESPN may make available to you a Tool or other API that permits you to include ESPN-approved advertising in your Apps. Unless otherwise set forth in the Information Form or on a separate “Advertising Addendum,” you may not include any advertising or sponsorship in your App (unless included in the Content made available by ESPN).
8. Independent Development
THE ESPN API, CONTENT AND TOOLS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. YOUR USE OF THE ESPN API, CONTENT AND TOOLS IS AT YOUR OWN DISCRETION AND RISK. WE DO NOT WARRANT THAT ANY APIs, CONTENT OR TOOLS WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY API (OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE) OR TOOL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF TOOLS OR ANY CONTENT MADE AVAILABLE THROUGH THE ESPN API. YOU HEREBY WAIVE ANY CLAIM AGAINST US WITH RESPECT THERETO.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ESPN BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH USE OF THE ESPN API, CONTENT OR TOOLS, EVEN IF ESPN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ESPN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID (IF ANY) FOR ACCESSING OR USING THE APIs (AND RELATED CONTENT) OR TOOLS, OR $100, WHICHEVER IS LESS.
ESPN may prevent you from accessing, or terminate your use of, the ESPN API (and related Content) or Tool at any time for any reason in its sole discretion, without notice, including for example if ESPN determines your request volume is excessive, that you are misusing the ESPN API, Content or Tool, or if ESPN receives a complaint or otherwise becomes aware that you or your App is violating a law or policy or the rights of any person or entity. ESPN may also suspend or cease making the ESPN API (and related Content) and Tools available at any time for any reason in its sole discretion. You may also terminate by ceasing to use any and all of the ESPN API (and related Content) and Tools. Upon termination for any reason, you will cease using the ESPN API (and related Content) and Tools and take reasonable steps to remove your Apps from all distribution outlets in which they are available.
13. General Provisions