BY CLICKING “I AGREE” OR IMPLEMENTING OR OTHERWISE USING ANY UNSPLASH API, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE API TERMS.
Changes to the Terms. Unsplash reserves the right, at Unsplash’s discretion, to change these API Terms on a going-forward basis at any time by posting the amended API Terms to the Developer Site with reasonable advanced notice when possible. Please check these API Terms and any other Policies periodically for changes. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. Your continued use of the APIs after new and/or revised API Terms are effective indicates that you have read, understood, and agreed to those API Terms. Your continued access to, or use of, the APIs following the effective date of any changes to the API Terms will signify your assent to and acceptance of such changes.
Organization. If you use the APIs on behalf of a business, you represent to Unsplash that you have the authority to bind that business and your acceptance of these API Terms will be treated as acceptance by that business. In that event, “you” and “your” will refer to that business in these API Terms.
Registration. In order to access the APIs, you need to create a developer account and you will be required to provide certain information (such as identification or contact details) as part of the registration process, or as part of your continued access to or use of the APIs. You agree that any registration information you give to us will always be accurate and up to date and you will promptly make updates as needed. You may only access your account with the Client ID, access key, or other token (“Credentials”) provided to you by Unsplash and you will be fully responsible and liable for all activities that occur through the use of your Credentials. You must only access (or attempt to access) the APIs by the means described in these API Terms, including in accordance with the documentation for the specific APIs you access. You will not use the developer credentials assigned to a different individual or entity, or mask or misrepresent your identity when using the APIs or developer accounts. You may not share your Credentials with any third party. You may only link your API account with other Service accounts that you manage. Anyone who has had their access to any of the APIs suspended or terminated is prohibited from accessing, or attempting to access, the APIs via any means, including by creating or requesting, or using a proxy to create, new developer credentials or API credentials.
You may access and use the APIs solely to develop and operate your Developer Apps, and only in accordance with these API Terms (including all applicable Policies). In accordance with Section 19 (Termination), Unsplash may suspend or terminate your (or your Developer App’s) access to, or use of, any aspect of the APIs without notice for non-compliance with these API Terms.
Your access to, and use of, the APIs will comply with, and you will require those acting on your behalf and your users to comply with (and not encourage, require, or enable them to violate), all applicable laws (notably, where applicable, the EU General Data Protection Regulation, the “GDPR”), rules and regulations, and all third-party rights. You and your Developer App will not use, or encourage, require, or enable others to use, the APIs in a manner that encourages or promotes illegal activity; is deceptive, unethical, false or misleading; or infringes or violates third-party rights, including intellectual property rights. You must not aggregate Content (as defined below) received via the APIs with any third party content such that users of your Developer Apps cannot attribute the Content to Unsplash.
In connection with any Photos that you access via the APIs, you must directly use or embed the related image URLs returned by the API in your Developer Apps (generally referred to as “hotlinking”) in accordance with the API Guidelines. Additionally, each time there is a download of a Photo or other comparable event (e.g., setting a Photo as background wallpaper) in your Developer Apps, you must provide us notice of the event in accordance with the API Guidelines. Failure to do any of the foregoing in this Section 6 will constitute a material breach of these API Terms. You agree that Unsplash may track user views, downloads, and other interactions with Photos within your Developer Apps via the image URLs or other technological means agreed between you and Unsplash (“Photo Interaction Data”). Unsplash owns all Photo Interaction Data collected from use of your Developer Apps. Unsplash grants you a limited, non-exclusive, non-transferrable, royalty-free license to use Photo Interaction Data from each Developer App in connection with the operation and maintenance of that Developer App. You must not (a) transfer, sell, lease, license, sublicense, distribute, disclose, divulge, or make available the Photo Interaction Data (or any derived data or derivative product based on the Photo Interaction Data) to, or permit use of or access to the Photo Interaction Data (or any such derived data or derivative product) by, any person or entity other than your employees, (b) use the Photo Interaction Data to create, market, or distribute any product or service that is competitive with Unsplash’s products or services, (c) contest, challenge, or otherwise make any claim or take any action adverse to Unsplash’s ownership of, or interest in, the Photo Interaction Data, including the intellectual property rights therein, or (d) permit, procure, enable, or request any other person or entity to do any of the foregoing.
Where applicable, You acknowledge that the obligations under the GDPR applies to You, in your capacity of Data Controller, it being specified that Unsplash will act in its capacity of Data Processor. Unsplash shall process your personal data (as defined under the GDPR) in strict compliance with the Agreement, your written instructions, it being specified that if Unsplash acts outside your instructions or contrary to these instructions, Unsplash will be considered as Data Controller within the meaning of the GDPR.
Unsplash undertakes to:
provide You with sufficient guarantees for the implementation of appropriate technical and organizational measures so that the processing of personal data implemented for the purposes of the execution of the Agreement meet the requirements of the GDPR and any other applicable privacy law;
not process personal data without duly documented instructions from You, it being specified that, if Unsplash considers that an instruction from You constitutes a violation of the GDPR and any other applicable privacy law, it shall inform You as soon as possible;
process personal data only for the purposes provided for in the Agreement, excluding any further processing by Unsplash for statistical purposes for its own behalf;
make its best efforts to guarantee the security and confidentiality of personal data and of Unsplash’s premises, so as to prevent the destruction, loss, alteration, distortion or other modification, hacking, misappropriation, damage, disclosure or access by unauthorized persons of personal data of which Unsplash has had access, which Unsplash stores or, more generally, which it processes in any manner whatsoever, on behalf of You;
make its best efforts to collaborate with You, in particular by providing it with the necessary documentation to demonstrate compliance with all its obligations, in particular the performance of audits, including inspections, by You or another auditor (that is independent and not a competitor of Unsplash) that You has mandated, and contribute to such audits;
where possible, collaborate with You to respond to requests from data subjects concerning their rights of access, rectification, deletion, if necessary limitation, opposition or portability, on their personally identifiable information, and to correct or delete them;
allow access to and make any transmission, extraction, communication, copy or other transfer, in whatever form, of personal data to a recipient located in a country outside the European Union and Canada, provided that (i) You have given your prior written consent and approval; (ii) the State in which the recipient is located, as well as any other subsequent recipient, is recognized as ensuring an adequate level of protection within the meaning of the GDPR and any other applicable laws or, in the absence of such recognition, the transfer is governed by appropriate safeguards (duly validated standard contractual clauses or binding corporate rules duly approved by the competent authority);
make its best efforts to ensure that all of Unsplash’s obligations under the Agreement are respected by any company replacing Unsplash and any subcontractor, regardless of its rank or method of intervention, by expressly providing for these same obligations in the contract binding Unsplash to the said company or the subcontractor to any subsequent subcontractor, so that they undertake to respect the Agreement;
do its best to inform You, without undue delay, in case of a request from an administrative or judiciary authority received by Unsplash related to the processing of personal data made in respect of services;
not to store personal data beyond the retention period fixed by You in relation to the purposes for which they were collected and, in any event, not to store them after the expiration of the Agreement, except in the event of any legislative or regulatory provision or any administrative or judicial decision stating the contrary;
notify You without undue delay after the discovery of an occurrence of a physical or technical incident relating to the security of personal data having led to any breach of personally identifiable information, or any security breach (such as access by unauthorized persons, alteration, destruction, loss, modification, infringement of integrity of data or their disclosure), in the conditions specified under GDPR and any applicable privacy laws and to take, as soon as possible, the appropriate measures to remedy the incident or security breach, including any useful steps to assist the competent national protection authority and cooperate with You to communicate, by mutual agreement, the existence of the violation of personal data security to the persons concerned; and,
at the termination of the Agreement, delete or return all the personal data to You at Your choice, and delete existing copies unless applicable law requires storage of the personally identifiable information.
Subject to your compliance with these API Terms, all Photos that are made available through the APIs are provided pursuant to the Unsplash License, except that, if you receive Unsplash’s prior written consent, you additionally have the right to sublicense your rights to Photos that are made available to you through the APIs.
Each time you or your Developer App displays a Photo, your Developer App must attribute Unsplash, the Unsplash photographer, and contain a link back to the photographer’s Unsplash profile. Unsplash, and other Unsplash graphics, logos, designs, headers, button icons, scripts and service names are trademarks, registered trademarks, service marks or trade dress of Unsplash (“Unsplash Marks”). Subject to your full compliance with these API Terms and any other Trademark Guidelines made available by Unsplash to you, Unsplash hereby grants you a limited, personal, non-sublicenseable, non-transferable, nonexclusive, revocable license to use the Unsplash Marks in your Developer App. You may not:
use the Unsplash Marks in any manner that creates a false suggestion, either directly or indirectly, that your Developer App is sponsored by Unsplash
use or alter any text, logo, Unsplash Mark, Unsplash signature colors, or Unsplash layout, or
alter or use any Unsplash Mark in a misleading way, (d) use any Unsplash logo or Unsplash Mark in your Developer App in a more prominent manner than the logo or mark that primarily describes the Developer App. Unsplash has the right to do quality insurance inspections of your Developer App and withhold the right to use any Unsplash Mark if the quality is not satisfactory to Unsplash in its sole discretion.
You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices or Terms of Service links) that may appear on, or be provided through, the APIs. You grant Unsplash a royalty free license to reproduce and publicly display your company name, your Developer App name and/or logo for the purpose of promoting your Developer App and the API program on any website owned or controlled by or on behalf of Unsplash, within the Service, Unsplash’s social media channels, Unsplash’s internal corporate documents and presentations, and other related marketing materials and marketing collateral, whether online or offline, and through any medium and using any technology, whether now known or hereafter created, selected by Unsplash in its sole discretion.
Unsplash may at any time change the specifications of or restrict or limit access to the APIs in Unsplash’s sole discretion, without any liability to you. Your right to access and use the APIs is a privilege, which may be revoked by Unsplash at any time, with or without notice. You acknowledge and agree that Unsplash may use any technological means to enforce these API Terms. Notwithstanding anything to the contrary, you hereby grant Unsplash the right to crawl, test, or otherwise monitor your Developer App for the purpose of verifying your compliance with these API Terms, and that you will not block, attempt to block, or otherwise interfere with such crawling or monitoring.
Unsplash may set a quota on your (or your Developer App’s) usage of any APIs. You will not attempt to exceed or circumvent automated use or quota restrictions. Unsplash may specify additional requirements relating to automated use or quotas.
Except as expressly granted herein, neither party through this Agreement grants the other party any intellectual property rights or other propriety rights. As between you and Unsplash, Unsplash and its applicable licensors retain all intellectual property rights (including all patent, trademark, copyright, trade secret, and other proprietary rights) in and to the APIs and its documentation and specifications, and the Service. For the avoidance of doubt, you retain all rights in and to your Developer App, excluding any Unsplash materials and intellectual property. All license rights granted in these API Terms are not sublicensable, transferable or assignable unless otherwise stated in these API Terms.
These API Terms constitute a non-exclusive agreement. You acknowledge that Unsplash may be developing, and may develop in the future, products or services that compete with the APIs, your Developer App, or any other products or services, and we have no obligation to make any of these products or services available to you.
To the fullest extent permitted by law, you will indemnify and hold Unsplash, its affiliates, and any of their respective officers, directors, employees, agents, shareholders, licensors, licensees, assigns, or successors harmless against any claim, costs, losses, damages, liabilities, judgments, fees (including reasonable fees of attorneys and other professionals), and expenses arising out of or in connection with any claim, action or proceeding (any and all of which are “Claims”) by a third party arising out of:
access to, or use of, any APIs by you, those acting on your behalf, your Developer App, or any of your users
violation of these API Terms, or violation or infringement of any third-party right, including any intellectual property or other proprietary right, privacy right, or right of publicity, by you, those acting on your behalf, your Developer Apps, or any of your users
the development, operation, maintenance, or use, of your Developer Apps, or
any content, data, technology or materials provided or contributed by you, those acting on your behalf, your Developer Apps, or any of your users. You must not settle any Claim without Unsplash’s prior written consent.
TO THE FULLEST EXTENT PERMITTED BY LAW:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APIS AND ANY AND ALL PHOTOS IS AT YOUR SOLE RISK AND THAT THE APIS AND PHOTOS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
UNSPLASH, ITS AFFILIATES AND LICENSORS, AND THEIR SUPPLIERS, DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) THE APIS WILL MEET YOUR REQUIREMENTS; (ii) THE APIS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE APIS WILL BE ACCURATE, RELIABLE, COMPLETE OR OTHERWISE VALID; OR (iv) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE APIS, INCLUDING ANY SOFTWARE, CODE, CONTENT, DATA, SUPPORT OR ANYTHING ELSE PROVIDED TO YOU AS PART OF OR IN CONNECTION WITH THE APIS, WILL BE CORRECTED.
ANY PHOTOS OR OTHER CONTENT OR DATA OBTAINED THROUGH THE APIS IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR YOUR USERS’ COMPUTER SYSTEM(S) OR DEVICE(S), LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM ANY ASPECT OF THE APIS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE APIS, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE API TERMS.
UNSPLASH, ITS AFFILIATES AND LICENSORS, AND THEIR SUPPLIERS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The content accessible through the APIs includes photos, graphics, text, and other materials, including music (collectively, “Content”). Such Content may come from a variety of sources and is the sole responsibility of the person or entity that submits the Content under the Unsplash Terms & Conditions. We are a provider of hosting services for Content and are not responsible for the availability, accuracy, usefulness, safety, or legality of such Content, including Content that may be offensive, indecent, defamatory, objectionable, or that may violate third-party rights or applicable laws or regulations.
Additionally, the APIs may contain links to third party websites and online services that are not owned or controlled by us. We have no control over, and assume no responsibility for, such websites or online services.
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF UNSPLASH, ITS AFFILIATES AND LICENSORS, AND THEIR SUPPLIERS, IS NOT RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR OTHER LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. IN ALL CASES, TO THE FULLEST EXTENT PERMITTED BY LAW, UNSPLASH WILL NOT BE LIABLE FOR ANY SUCH LOSS OR DAMAGE WHETHER OR NOT UNSPLASH, ITS AFFILIATES AND LICENSORS, OR THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, UNSPLASH’S TOTAL AGGREGATE LIABILITY UNDER OR ARISING OUT OF THE TERMS IS LIMITED TO THE GREATER OF: (I) THE FEES PAID BY YOU FOR THE APIS IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; AND (II) $100.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNSPLASH IS NOT LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM (I) REMOVING, MODIFYING, SUSPENDING OR TERMINATING ANY ASPECT OF THE APIS INCLUDING (A) ANY OR ALL FEATURES, FUNCTIONS, OR VERSIONS OF ANY OF THE APIS, INCLUDING DATA UNSPLASH MAKES AVAILABLE TO YOU OR ANY VIDEO CONTENT (IN WHOLE OR IN PART); AND (B) WITH RESPECT TO ANY SPECIFIC API USER OR DEVELOPER APP, CATEGORY OF USERS OR DEVELOPER APPS, OR ALL USERS, OR DEVELOPER APPS, OR (II) PROVIDING SUPPORT OR MODIFICATIONS TO THE APIS, INCLUDING WITH RESPECT TO ANY SPECIFIC API USER OR DEVELOPER APP, CATEGORY OF USERS OR DEVELOPER APPS, OR ALL USERS, OR DEVELOPER APPS.
Any rights granted to you in these API Terms will terminate automatically without notice if you fail to comply with any provision of these API Terms. Notwithstanding anything to the contrary, including under Section 11 (Changes to the APIs) of these API Terms (where applicable), we reserve the right to (i) suspend or terminate access to, or use of, any aspect of the APIs, and (ii) terminate these API Terms or any portion thereof, as applied to any specific user or Developer App, category of users or Developer Apps, or all users or Developer Apps at any time and without notice in our sole discretion and we will bear no liability for such decisions. If we elect to provide you with support or modifications for the APIs, this support or modification may be terminated at any time without notice to you. It is solely your responsibility at all times to be prepared to conduct your business and operate your Developer Apps without access to any aspect of the APIs. Upon any suspension, termination or notice of any discontinuance, you will immediately stop and thereafter desist from using all APIs. We are under no obligation to provide the APIs.
You may terminate these API Terms by discontinuing your and your Developer App’s use of and access to the APIs at any time. You do not need to specifically inform us when you stop using and accessing the APIs.
The following Sections of these API Terms will continue to apply indefinitely even upon any termination or expiration of the Terms: 1, 6, 13, and 15 – 20.
The API Terms, with the Policies, control the relationship between you and us and constitute the entire agreement between you and Unsplash with respect to the matters described in these API Terms. We may deny or grant in our sole discretion for any or no reason any consents, approvals, or permissions that are expressly contemplated under these API Terms or otherwise requested by you. Any dispute arising under these API Terms will be resolved pursuant to the Governing Law, Dispute Resolution and Arbitration section of the Unsplash Terms & Conditions. These API Terms and any arbitration arising from disputes under these API Terms will be subject to the Choice of Law and Forum section of the Unsplash Terms & Conditions. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND UNSPLASH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APIS MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Except as stated in Section 15, these API Terms create no third party beneficiary rights. A party’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, then the remaining provisions of these API Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these API Terms, and any such attempt is void, but Unsplash may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the APIs. Unsplash and you are not legal partners or agents; instead, our relationship is that of independent contractors.