Terms of Service

Entertainment Express 2.0 API Trial Evaluation Terms of Service (“Terms”) govern use of the metadata (collectively, the “Data”) and associated services (the “Services”) made available by Internet Video Archive, LLC (“IVA”) via the online portal located at https://developer.iva-api.com/ (the “Portal”). In order to access the Data and Services, you must register your employer through the Portal and affirmatively agree to these Terms on behalf of your employer (hereinafter referred to as “Affiliate”). If you do not agree to these Terms, please exit the Portal.

By using IVA’s Data and Services you represent and warrant that you have read and agreed to these Terms of Service and that you have the legal authority to bind Affiliate to these Terms. You agree, on behalf of Affiliate, that acceptance of these Terms creates a legal agreement between IVA and Affiliate (this “Agreement”).

IVA may amend or modify the terms of this Agreement in its sole discretion with or without notice to Affiliate. In the event of such amendment or modification, Affiliate agrees that any amended or modified terms supersede all prior versions of this Agreement, and that Affiliate shall be bound by such amended or modified terms.

Data Grant
Subject to Affiliate’s compliance with the Terms of this Agreement, and solely for the duration of the Term hereof, IVA hereby grants Affiliate a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, revocable grant to use the Data and Services, as provided by IVA to Affiliate in IVA’s sole discretion, SOLELY FOR PURPOSES OF CONDUCTING INTERNAL EVALUATIONS AND TESTING OF THE DATA AND SERVICES. Affiliate may use the Data and Services only as expressly authorized in this paragraph. Any and all other uses of the Data and Services are strictly prohibited.

Access Requirements
Upon completion of registration, IVA shall make an access key (“Key”) available to Affiliate through Affiliate’s “Profile” section of the Portal. The Key will permit Affiliate to access a limited “public” API set, which shall be subject to query rate limits of 1/sec and 50/day. Affiliate may request, by contacting sales@internetvideoarchive.com , that IVA upgrade the Key to permit access to a larger “sample” API set. IVA shall grant or deny upgrade requests in its sole discretion.

Ownership by IVA
Affiliate acknowledges that IVA owns all proprietary rights in and to the Data and Services. Except as expressly provided in this Agreement, IVA does not grant Affiliate any rights in or to the Data or Services, or the related names and trademarks, including without limitation the content and proprietary systems used by IVA in connection with the Data and Services. Affiliate shall not, by virtue of this Agreement or by virtue of its access to the Data or Services, obtain any copyright or other proprietary right or interest in or to the Data or Services except the revocable rights specifically granted to Affiliate herein.

Third Party Data and Services
AFFILIATE acknowledges that use of third party supplied data and services are provided per the Terms of each data or service provider.

Term and Termination
The term of this Agreement (the “Term”) shall begin on the date Affiliate accepts these Terms (the “Effective Date”) and shall continue in full force and effect until the earlier of: (1) thirty (30) days following the date (if any) on which IVA upgrades Affiliate’s Key to permit access to a larger “sample” API set; or (2) termination of this Agreement by IVA. IVA may terminate this Agreement, in whole or in part, at any time and for any reason, or for no reason, without notice or liability. In addition, IVA may at any time modify, suspend, discontinue or restrict Affiliate’s access to the Data and Services for any reason or for no reason, without notice or liability.

> Upon termination of this Agreement: (i) all rights granted by IVA hereunder shall immediately terminate; (ii) Affiliate shall immediately cease to display, reproduce, retransmit or otherwise use any Data; (iii) Affiliate shall purge all Data from all of its on-line and off-line storage media, including cached data; (iv) Affiliate shall not use for any purpose thereafter any information included in or derived from the Data; and (v) Affiliate shall return to IVA any software or other materials provided by IVA hereunder.

Data Processing
IVA processes data for Clients and Client’s end users. Client data collected includes personally identifiable information like email, name, billing address and is securely stored and can be deleted or updated by contacting us directly.

Client’s end users data collected during video playback is non-user identifiable. IVA anonymizes the IP address before writing to disk and does not have access to and does not collect any other information not provided in the http request.

IVA collects raw logs from video service providers and is necessary for accurate billing of GB totals and not used for any other purpose. Raw logs are secure and purged after 60 days.

As per the GDPR, Client agrees that they are the Controller of their End user data and that IVA does not store and has no way to access end user data as the data is anonymized.

If IVA becomes aware of a security breach leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Client’s Personal Data on our servers, we will notify Client via Client’s registered email address, of the incident promptly and without undue delay, and take reasonable steps to minimize harm and secure Client’s data. Client is responsible for providing a valid email address and ensuring their email address is current and valid. Our notification of or response to an incident will not be construed as an acknowledgement of any fault or liability with respect to the incident.

Updated May 23, 2018