These Unsplash API Terms of Use (these “API Terms”) comprise a legal agreement between Unsplash Inc. (“Unsplash,” “us,” “we,” or “our”) and you, and describe the rules developers must follow when accessing or using the Unsplash application programming interfaces (the “APIs”) and related documentation made available by Unsplash through the Unsplash developer website currently located at https://unsplash.com/developers (“Developer Site”). Any application that you own and that you integrate with the APIs is a “Developer App.”
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.
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 (including without limitation laws related to data privacy), 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.
You will comply with all applicable data privacy laws and regulations, including those applying to personal data and, where applicable, the GDPR. You will provide and adhere to a published privacy policy for each of your Developer Apps that clearly and accurately describes to users of each Developer App what user information you collect, store and delete, and how you use, process, and share such information (including for advertising) with us and any third parties.
In connection with any Images 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 an Image or other comparable event (e.g., setting an Image 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. Unsplash may track user views, downloads, searches and likes of Images within your Developer Apps via the image URLs or other technological means agreed between you and Unsplash to ensure the quality of and improve Unsplash products and services; perform research; and ensure compliance with these API Terms and applicable laws (“Image Interaction Data”). Any tracking activity undertaken is via a random identifier that allows Unsplash to understand the approximate number of devices that produces the Image Interaction Data. Unsplash does not link this identifier with any personal information other than Client IP address and Image Interaction Data does not identify the user. Unsplash owns all Image Interaction Data collected from use of your Developer Apps. Unsplash grants you a limited, non-exclusive, non-transferrable, royalty-free license to use Image 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 Image Interaction Data (or any derived data or derivative product based on the Image Interaction Data) to, or permit use of or access to the Image Interaction Data (or any such derived data or derivative product) by, any person or entity other than your employees, (b) use the Image 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 Image 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.
You represent and warrant that you are authorized to process your data and make such data available to Unsplash for uses as set out in these API Terms and the Unsplash Privacy Policy, including through appropriate notice, disclosures, consent and by your referring individuals to the Unsplash Privacy Policy.
Unless specifically agreed in writing between you and us, in relation to data, including personal data, that are subject to European Economic Area data protection rules, you acknowledge and agree that you act as an independent controller without prejudice to any use or licensing restriction or condition under the API Terms. You are solely responsible for ensuring that any contractual arrangements required by applicable law are in place, including with API developers, including any relevant data processing and transfer agreement (including where relevant appropriate standard contractual clauses) between you and Unsplash or any other party to which you provide personal data, and that we may freely deny or revoke access to the API if you do not do so. You represent and warrant that you are authorized by the applicable third parties to act on their behalf, and that your collection, storage and onward transfer to Unsplash of the personal data of any such third parties complies with all applicable data privacy laws and regulations.
You agree that you must implement appropriate technical and organizational measures to protect the personal data against misuse, any unauthorized or unlawful processing, accidental loss, destruction, damage or theft.
Subject to your compliance with these API Terms, all Images that are made available through the APIs are provided pursuant to the Unsplash License and Unsplash Terms & Conditions, except that, if you receive Unsplash’s prior written consent, you additionally have the right to sublicense your rights to Images that are made available to you through the APIs.
Notwithstanding anything in Unsplash License and Unsplash Terms & Conditions to the contrary, each time you or your Developer App displays an Image, 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:
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, 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. Unsplash may also decide, in its sole discretion, to charge a technology fee to certain businesses, including businesses that heavily interact with the API or that Unsplash anticipates will heavily interact with the API. In such instances, Unsplash will reach out directly to you in writing to negotiate such fee and you understand and agree that your business’ use of the API is conditioned on payment of such technology fee. In the event you desire to use the Content sourced from the API in connection with any machine learning and/or artificial intelligence purposes, or for technologies designed or intended for the identification of natural persons, please visit https://unsplash.com/data for more information.
Except as expressly granted herein, neither party through these API Terms 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 services provided hereunder. 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:
TO THE FULLEST EXTENT PERMITTED BY LAW:
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.