Developer terms – November 2016
Thank you for using our developer tools and features!
Pinterest offers various documentation and tools ("Developer Tools") for websites, application developers, API partners, and others who may be integrating Pinterest features or functionality into their products. These Developer Terms of Service ("Developer Terms”) apply to your access to and use of the Developer Tools, and by using them you agree to these Developer Terms and a number of Pinterest’s policies, including our Privacy Policy. Our tools and these Developer Terms will change over time, so please check periodically to see the latest version.
1. Who can use our developer tools.
When you use our Developer Tools, you agree to form a binding contract with Pinterest, and follow these Developer Terms and all applicable laws. If you’re using Developer Tools on behalf of a company, organization, or other entity, then (a) "you” includes you and that entity, and (b) you represent and warrant that you’re authorized to grant all permissions and licenses provided in these terms and bind the entity to these terms, and that you agree to these terms on the entity’s behalf. Some of our Developer Tools may be code that you incorporate into your website or products that enable Pinterest functionality. You agree that we may automatically update those Products, and these Developer Terms will apply to such updates.
2. Our license to you.
Subject to these Developer Terms and our documentation and policies (including our Acceptable Usage Policy, Pin Etiquette, and Rich Pin Guidelines), we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Developer Tools. We reserve the right to limit, or temporarily or indefinitely suspend your access to the Developer Tools. You acknowledge that Pinterest and its end users retain all worldwide right, title and interest in the Developer Tools and all content made available through the Developer Tools, including all intellectual property rights therein.
3. Pinterest features in your product
a. Policies and guidelines
We offer Developer Tools that application developers or websites can use to offer Pinterest features and functionality to their users (e.g., the "Save” and "Follow” buttons, the Pinterest Widgets). You agree to use these tools only as documented by Pinterest, and in compliance with law. You also agree that the Pinterest features and functionality provided by our Developer Tools will be provided solely by our Developer Tools, except as otherwise authorized by Pinterest. Pinterest reserves the right to serve advertising through Developer Tools, without compensation to you.
By incorporating Developer Tools into your site or service, you agree to be subject to Pinterest’s Business Terms of Service, Acceptable Use, Advertising Rules, Brand Guidelines and Privacy Policy (collectively “Policies”), which may be modified from time to time at Pinterest’s discretion.
b. Brand Features
You may use the Pinterest trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (collectively, "Brand Features”) provided in the Developer Tools only as specified in our Logo and Brand Guidelines. You may not alter the appearance or functionality of the Pinterest Brand Features. You agree that you will not challenge Pinterest’s ownership of, the validity of any license to use, or otherwise copy or exploit the Brand Features. If you acquire any rights in the Brand Features or any confusingly similar marks, by operation of law or otherwise, you will immediately assign such rights to Pinterest at no expense to us.
c. Permissions
By incorporating Developer Tools into your site or service, you agree that Pinterest may collect and use information from you and your users as described in our Privacy Policy. You also agree that Pinterest may use automated methods to analyze your site or service where Developer Tools have been incorporated. Nothing in this Section shall restrict other legal rights Pinterest may have to the content.
Some Developer Tools allow you or your users to post or otherwise make available content in Pinterest products. By using these Developer Tools you grant Pinterest and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, perform, and distribute any pins, advertisements, related technology and any other content that you provide to Pinterest via the Developer Tools (“Developer Content”).
You represent and warrant that (i) you have all necessary rights to grant the license to Developer Content (ii) the Developer Content will not violate any applicable law or regulation, or infringe any third party intellectual property rights, and (iii) that you have the necessary authority to enter into these Developer Terms.
4. Confidentiality
In your use of our Developer Tools, you may have access to Confidential Information. You may use Confidential Information only as required to use the Developer Tools. You will not disclose Confidential Information to any third parties without our prior written consent. You are not restricted from disclosing Confidential Information if required by law if you provide reasonable advance notice, unless a court orders that no notice be given. You must use the same degree of care you use to protect your own confidential information, but in no event less than reasonable care. “Confidential Information” means information that is confidential or proprietary to Pinterest, including software, documentation, our communications to you and any other non-public information.
5. Feedback
We love hearing from developers, and we’re always interested in learning about ways we can make Pinterest more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Pinterest doesn’t waive any rights to use similar or related feedback previously known to Pinterest, or developed by its employees, or obtained from sources other than you.
6. Third-party Links, Sites and Services
Our Developer Tools may include or enable links to third-party websites, advertisers, services, special offers, or other events or activities that Pinterest doesn’t own or control. We don’t endorse or assume any responsibility for these third-party sites, information, materials, products, or services. If you or your users access any third-party website, service, or content from Pinterest, you do so at your own risk. You also agree that Pinterest will have no liability arising from your use of or access to any third-party website, service, or content.
7. Termination.
Pinterest may terminate or suspend these Developer Terms at any time, with our without cause or notice to you. Upon termination, you continue to be bound by Sections 3(b) and 4-13 of these terms.
8. Indemnity
You agree to indemnify and hold harmless Pinterest and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Developer Tools or (b) your breach of any of these Developer Terms.
9. Disclaimers
The Developer Tools and all included content are provided on an "as is” basis without warranty of any kind, whether express or implied. PINTEREST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Pinterest takes no responsibility and assumes no liability for any content that you or any other user or third party posts or transmits using our Developer Tools. You understand and agree that you or your users may be exposed to content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PINTEREST WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT WILL PINTEREST’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE DEVELOPER TOOLS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNTS PAID BY YOU TO PINTEREST FOR THE PAST THREE MONTHS FOR THE DEVELOPER TOOLS.
11. Arbitration
If you have a dispute with Pinterest, you agree to first contact us and attempt to resolve the dispute with us informally. If Pinterest isn’t able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Pinterest agree otherwise, the arbitration will be conducted in San Francisco, California. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction. Nothing in this Section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. BY ENTERING INTO THESE TERMS YOU AGREE THAT YOU AND PINTEREST EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
12. Governing Law and Jurisdiction
These Developer Terms will be governed by the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Santa Clara County, California or the United States District Court for the Northern District of California, for any actions not subject to Section 11 (Arbitration). Our Developer Tools are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
13. General Terms
Notification Procedures and changes to these Terms. Pinterest reserves the right to determine the form and means of sending you notifications, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Developer Tools after revisions become effective, you agree to be bound by the revised terms. If you don’t agree to the new terms, please stop using the Developer Tools. Assignment. You may not transfer or assign these Terms or any rights and licenses granted hereunder, but they may be assigned by Pinterest without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. Entire Agreement/Severability. These terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Pinterest in connection with the Products, will constitute the entire agreement between you and Pinterest concerning the Developer Tools and supersede any prior terms you have with Pinterest regarding the Products. If any provision of these Developer Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. No Waiver. No waiver of any term of these Developer Terms shall be deemed a further or continuing waiver of such term or any other term, and Pinterest’s failure to assert any right or provision under these Developer Terms shall not constitute a waiver of such right or provision. U.S. Government Agencies. If you’re a United States federal government agency, this amendment applies to these terms.
