LinkedIn actualiza las Condiciones de Uso de sus APIs

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LinkedIn, la red social de carácter profesional, actualizó el pasado 6 de agosto las Condiciones de Uso de sus APIs.

El cambio es muy grande, podría decirse que un 75-85% de las condiciones han cambiado, por tanto hacer un comentario detallando cambio por cambio es complicado.

De modo que he decidido incluir la versión anterior y la nueva de las Condiciones de Uso de las APIs y en la nueva indicar en color los cambios. Al menos así espero que quien necesite conocer las modificaciones, lo tenga un poco más fácil.

Al análisis de este bloque y el resto de términos y condiciones de LinkedIn queda para el futuro.

Geolocalización y otros datos de la empresa según sus términos y condiciones, en el Mapa de Términos y Condiciones.

Vamos a ello pues, primero las ANTIGUAS Condiciones de Uso de las APIs:

LinkedIn APIs Terms of Use

Introduction

Thank you for using the LinkedIn APIs. LinkedIn makes its application programming interfaces (LinkedIn APIs” or “APIs”) available to you to facilitate the development of innovative applications with a professional context using LinkedIn data and developer tools. If you want to use the LinkedIn APIs outside the scope of these Terms and Conditions, or to build and/or distribute enterprise applications outside your own company (e.g. use the APIs to build an Application that you distribute to other companies), please contact our Enterprise Relations Team.

By using one or more of the LinkedIn APIs, you and, if applicable, the company you represent (collectively, “you”) accept and agree to be bound by the following terms and conditions (the “Terms of Use” or “Terms”). It is important that you read these Terms as they form a legal agreement between you and LinkedIn Corporation (“LinkedIn”, “we”, or “us”).

In addition to the content in this document, the following are incorporated into the Terms (and references to “Terms” shall mean this document and those incorporated by reference):

The LinkedIn User Agreement, which is located at http://www.linkedin.com/static?key=user_agreement;
The LinkedIn Privacy Policy, which is located at http://www.linkedin.com/static?key=privacy_policy;
The Platform Guidelines, which are located at the LinkedIn Developer Network site at developer.linkedin.com (“Developer Site”); and
The Branding Guidelines, which are also located at the Developer Site.

In the event of any conflict between the content in this document and the documents incorporated by reference, this document shall control with respect to your use of the APIs. If you disagree with any of the provisions in these Terms, do not click that you agree to them, and do not accept, access or use the APIs.

LinkedIn reserves the right, from time to time, with or without notice to you, to change these Terms in our sole and absolute discretion. The most current version of these Terms can be reviewed on the LinkedIn developer portal at anytime and supersedes all previous versions. By using the LinkedIn APIs after changes are made to the Terms, you agree to be bound by such changes. Your only recourse if you disagree with the Terms, or changes to the Terms, is to discontinue your use of the APIs. Accordingly, we recommend you review these Terms periodically.

1 Description, Licenses, and Restrictions

1.1 Description of LinkedIn APIs. The APIs consist of programmatic web APIs and associated tools and documentation that allow you to create software application(s) or website(s) (your “Application”) using certain data and content from the LinkedIn website at www.linkedin.com (“Website”), made accessible by LinkedIn in its sole discretion (the “Content”). While LinkedIn strives to have its APIs available continuously, it cannot guarantee any up-time for any LinkedIn developer resource, including the APIs.

1.2 Developer Accounts and Access Codes. To obtain the necessary security keys, secrets, tokens, passwords and/or other credentials to access the APIs (collectively, “Access Codes” or “API Keys”), you must create a account through LinkedIn’s developer portal at: http://developer.linkedin.com (“Developer Account”). You are responsible for maintaining the secrecy and security of your Access Codes, and all activities that occur using your Access Codes, are your responsibility. In order to maintain accurate information (including a current email address and other required contact information) related your account, you must keep your Developer Account information up-to-date.

1.3 APIs License Grant. Subject to the terms and conditions in these Terms, we grant you a limited, non-exclusive, non-assignable or non-transferable license under LinkedIn’s intellectual property rights during the Term to use the APIs to develop, test, and support your Application, and to distribute or allow access to your integration of the APIs within your Application to end users of your Application. You have no right to distribute or allow access to the stand-alone APIs.

1.4 Brand Features License Grant. Subject to the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-assignable and non-transferable license during the Term to display our trade names, trademarks, service marks, logos and domain names that we make available to you in our discretion via the Branding Guidelines available on our Developer Site (collectively, “Brand Features”) to promote or advertise your integration of the APIs in your Application. You agree that your use and display of the Brand Features will at all times be consistent with the Branding Guidelines, and any other branding, trademark, or similar guidelines included in the Platform Guidelines. In particular, you agree not to display our Brand Features in any way that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to LinkedIn, or in a way that suggests we have created, sponsored, or endorsed your Application or its content.

1.5 Restrictions. In addition to other restrictions contained in these Terms, you agree not to do any of the following, unless expressly permitted by LinkedIn in these Terms or in writing by LinkedIn:

a. Use a fraudulent LinkedIn profile to register as a LinkedIn developer. All LinkedIn profiles must accurately reflect the professional information of the actual developer requesting the license, including an accurate description of the current title and company.

b. Allow anyone other than you to access your Developer Account.

c. Sell, transfer, sublicense or otherwise fail to protect the confidentiality of the APIs, Access Codes, or content posted or available in areas of the Developer Site that require Access Codes.

d. Modify or attempt to circumvent the Access Codes.

e. Obtain or use more than twenty-five (25) Access Codes, either through one or multiple developer accounts. Please contact our Business Development Team at: business@linkedin.com to discuss options to exceed this limit.

f. Require your users to obtain their own Access Code to use your Application.

g. Use your Developer Account or Access Codes to build and/or distribute enterprise applications outside your own company (e.g. use the APIs to build an Application that you distribute to other companies).

h. Request or publish information impersonating a LinkedIn user, misrepresent any user or other third party in requesting or publishing information;

i. Provide functionality that proxies, requests or collects LinkedIn user names or passwords; or

j. Obfuscate or hide your deployment or use of any LinkedIn buttons, sign-in functionality, consent or authorization flows from your users.

k. Allow any third party, including other users, to see information obtained from another user’s LinkedIn network or through another user’s view of our Website or the Content;

l. Obtain, display or use more data through the APIs than is minimally required to run the Application created using the particular developer key;

m. Store LinkedIn user data other than the Member Token or OAuth Token for any LinkedIn user, with the exception of a user’s profile data when given explicit permission by the owner of the profile as set forth in 3.4, below. User profile data obtained in accordance with this section and 3.4 below may not be updated without the user’s subsequent consent;

n. Use the APIs or Brand Features for any illegal, unauthorized or otherwise improper purposes, or in any manner that would violate these Terms (or any document incorporated into the Terms), or breach any laws or regulations, or violate any rights of third parties, or expose LinkedIn or its members to legal liability in your use of the APIs;

o. Combine content from the APIs with other LinkedIn data obtained through scraping or any other means outside the official LinkedIn APIs. This includes acquiring LinkedIn data from third parties;

p. Remove any legal, copyright, trademark, watermark or other proprietary rights notices contained in or on materials you receive or access pursuant to these Terms, including the APIs, the materials posted at the Developer Site, and our Website;

q. Sell, lease, share, transfer, sublicense any Content obtained through the APIs, directly or indirectly, to any third party, including any data broker, ad network, ad exchange, or other advertising or monetization-related party..

r. Charge, directly or indirectly, any incremental fees (including any unique, specific, or premium charges) for access to LinkedIn’s Content or your integration of the APIs in your Application;

s. Use the Content in any advertisements or for purposes of targeting advertisements (whether such advertisement appear in your Application or elsewhere);

t. Submit content that falsely expresses or implies that such content is sponsored or endorsed by LinkedIn;

u. Use the Content for generating advertising, messages, promotions, offers, or for any other purpose other than, and solely to the extent necessary for, allowing end users to use the returned Content in your Application;

v. Implement features or business practices that harms the professional reputation, relationships, or professional ecosystem of LinkedIn members.

w. Copy, adapt, reformat, reverse-engineer, disassemble, decompile, translate or otherwise modify the APIs, Access Codes, our Website or any Content displayed on it, including the a user’s Public Profile including its URL, or any of our other services, through automated or other means;

x. Use the APIs in an Application that competes with products or services offered by us;

y. Interfere with or disrupt LinkedIn services or servers or networks connected to LinkedIn services, or disobey any requirements, procedures, policies or regulations of networks connected to LinkedIn services;

z. Use any robot, spider, site search/retrieval Application, or other device to retrieve or index any portion of LinkedIn services or collect information about users for any unauthorized purpose;

aa. Download, scrape, post, or transmit, in any form or by any means, any part of our Website or Content other than Content that you post as part of your Application;

bb. Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of the APIs;

cc. Use the APIs in an Application that contains or displays or promotes any of the following: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia) or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, any hacking, surveillance, interception, or descrambling equipment, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, the sale of tobacco or alcohol to persons under twenty-one (21) years of age, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, or weapons and accessories;

dd. Use the APIs for purposes where their failure could lead to death, personal injury, or severe property or environmental damage;

1.6 Support and Modifications. We may provide you with support or modifications for the APIs in our sole discretion. We may terminate the provision of such support or modifications to you at any time without notice or liability to you. We may release subsequent versions of the APIs and require that you use such subsequent versions. Your continued use of the APIs following a subsequent release will be deemed your acceptance of modifications.

1.7 Fees. The APIs are currently provided for free, but LinkedIn reserves the right to charge for the APIs in the future. If we do charge a fee for use of the APIs or any developer tools and features, you do not have any obligation to continue to use the LinkedIn’s developer resources.

1.8 Monitoring. You agree to provide assist LinkedIn in verifying your compliance with this Agreement by providing us information about your Application, including providing us access to it and/or other materials related to your use of the APIs. If, in LinkedIn’s sole discretion, you do not demonstrate full compliance with this Agreement, we may restrict or terminate your access to the APIs.

1.9 Usage Limitations. LinkedIn may limit the number of network calls that your Application may make via the APIs, and/or the maximum Content that may be accessed, or anything else about the APIs and the Content it accesses as LinkedIn deems appropriate in its sole discretion. The usage limitations can be found in the LinkedIn developer portal at http://developer.linkedin.com/. LinkedIn may change such usage limits at any time. In addition to its other rights under these Terms, LinkedIn may utilize technical measures to prevent over-usage and/or stop usage of the APIs by an Application after any usage limitations are exceeded. If no limits are stated in the Platform Guidelines, you nevertheless agree to use the APIs in a manner that, as determined by us in our sole discretion, exceeds reasonable request volume or constitutes excessive or abusive usage.

1.10 Security Measures. Your networks, operating system and the software of your web server(s), routers, databases, and computer systems (collectively, “System” or “Systems”) must be properly configured to Internet industry standards as required to securely operate your Application. You will not architect or select Systems in a manner to avoid the foregoing obligation. You must promptly report any security deficiencies in or intrusions to your Systems that you discover to LinkedIn in writing via email to support@linkedin.com or subsequent contact information posted in the Developer Site. You will work with LinkedIn to immediately correct any security deficiency, and will disconnect immediately any intrusions or intruder. In the event of security deficiency or intrusion involving the Application, you will make no public statements (i.e. press, blogs, bulletin boards, etc.) without prior written and express permission from LinkedIn in each instance.

1.11 LinkedIn Independent Development. You understand and acknowledge that LinkedIn may be independently creating applications, content and other products or services that may be similar to or competitive with your Application, and nothing in these Terms will be construed as restricting or preventing LinkedIn from creating and fully exploiting such applications, content and other items, without any obligation to you.

2 Proprietary Rights

2.1 LinkedIn Property. As between you and us, we own all rights, title, and interest, including without limitation all intellectual property rights, in and to, the (i) APIs, and all elements, components, and executables of the APIs; (ii) the Content available from the APIs; (iii) our Website; and (iv) our Brand Features (collectively, the “LinkedIn Materials”). Except for the express licenses granted in these Terms, LinkedIn does not grant you any right, title or interest in the LinkedIn Materials. You agree to take such actions, including, without limitation, execution of affidavits or other documents, as LinkedIn may reasonably request to effect, perfect or confirm LinkedIn’s rights to the LinkedIn Materials.

2.2 Feedback. You have no obligation to give us any suggestions, comments or other feedback (“Feedback”) relating to the LinkedIn Materials. However, we may use and include any Feedback that you voluntarily provide to improve the LinkedIn Materials and/or any other of our products, services or technologies. Accordingly, if you give Feedback, you agree that we may freely use, reproduce, license, and distribute such Feedback. You also agree not to provide Feedback that you know is subject to any intellectual property claim by a third party or any license terms which would require products or services derived from such Feedback to be licensed to or from, or shared with, any third party.

2.3 Application. You represent and warrant to LinkedIn that, excluding LinkedIn Property, you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute your Application, and that use by LinkedIn and its users of your Application shall not violate the rights of any third party (e.g., copyright, patent, trademark, or other proprietary right of any person or entity), or any applicable regulation or law, including the laws of any country in which your Application is made available. Except to the extent your Application contains LinkedIn Property, LinkedIn claims no ownership or control over your Application. During the term of these Terms you hereby grant to us a paid-up, royalty-free, nonexclusive, worldwide irrevocable right and license, under all of your intellectual property rights, to: (i) use, perform, and display your Application and its content for purposes of marketing, demonstrating, and making your Application available to users; (ii) link to and direct users to your Application; and (iii) sublicense the foregoing rights to our affiliates. Following the termination of these Terms and upon written request from you, LinkedIn shall make commercially reasonable efforts, as determined in its sole discretion, to remove all references and links to your Application from the LinkedIn website and service. LinkedIn shall have no other obligation to delete copies of, references to, or links to, your Application.

3 Privacy, Policies, and Legal Compliance

3.1 LinkedIn’s Privacy Policy. LinkedIn’s collection and use of personal information from its users and developers is governed by LinkedIn’s Privacy Policy, available at http://www.linkedin.com/static?key=privacy_policy and incorporated by reference into these Terms, with the exception that LinkedIn may reveal personal information about developers for attribution purposes, handling inquiries from users or potential users, and other purposes LinkedIn reasonably deems necessary pursuant to these Terms. You understand and agree that LinkedIn may access, preserve, and disclose your personal information and your developer account details if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of LinkedIn, its affiliates or partners, its users, or the general public.

3.2 Digital Millennium Copyright Act. You will post a policy complying with the Digital Millennium Copyright Act (DMCA) and respond promptly to notices of alleged copyright infringement involving your Application.

3.3 Your Policies; Informed Consent. You will (a) maintain your own user agreement and privacy policy applicable to users of the Application (your “Policies”), (b) comply with your Policies, (c) prominently identify and link to your Policies at those locations where users may opt to download or access your Application, and (d) promptly notify us of any breaches of your Policies by you or users of the Application. Your privacy policy will be at least as stringent and user-friendly as LinkedIn’s. Before obtaining information from your users of the Application, you will obtain their informed consent by informing them what information you collect and how it will be used and/or shared.

3.4 Data Storage and Conversion Limits.

3.4.1 Prohibition on Copying and Storage. You may not copy, store or cache any Content returned or received through the APIs, including data about users, longer than the current usage session of the user for which it was obtained, except for the alphanumeric user IDs (Member Tokens) which we provide you for identifying users or any individual member’s authentication token (OAuth Token) which we provide you when a LinkedIn user authenticates your Application to his LinkedIn account.

3.4.2 Exceptions. You may store the Member Token and the OAuth Token until the earlier of:

Your ceasing using the APIs;
The LinkedIn user uninstalls your application or directs you to delete the user’s information; or,
We terminate your use of them for breach of these Terms.

3.4.3 Exception to Storage and Conversion Limits with User Consent. The restrictions of this section do not apply to user profile data received through a one-time call through the APIs that a user explicitly permits you to collect and store, provided that you obtain the user’s consent through the technical and user-interface specifications provided by LinkedIn, and that any subsequent update to the profile data only be done with the user’s explicit consent. PLEASE NOTE: a) User profile data does not include information about a user’s connections, which may not be copied or stored; and b) you may only use stored profile data for the benefit of the LinkedIn user that granted you permission to access it.

3.4.4 Removal of LinkedIn User Data from Your System. Also, you must remove all data collected with the user’s consent upon request by the user, when the user uninstalls your Application, or when the user closes his or her account with you. The restrictions of this section also do not apply to “Independent Data,” which means data that users provide directly to you and that is separately entered, uploaded, or presented to you by the user of your Application.

3.4.5 Data from the Apply with LinkedIn Plugin. Content obtained from the Apply with LinkedIn Plugin is provided solely for the use of the hiring company that is accepting applications for an open position and cannot be used to create or populate a profile on a third party service, or to create an application template used across multiple job applications.

4 Marketing and Publicity

4.1 Your Marketing and Publicity. You may promote your Application, including talking to traditional and online media and your users about your Application, so long as you do so truthfully and without implying that your Application is created or endorsed by LinkedIn (or otherwise embellishing your relationship with LinkedIn). However, you may not issue any formal press release via traditional or online media referring to LinkedIn without LinkedIn’s prior consent, unless expressly allowed in the Guidelines for Use of LinkedIn Brand Features.

4.2 LinkedIn’s Marketing and Publicity. We may publicly refer to you, orally or in writing, as a licensee of the LinkedIn APIs and we may publish your name and/or logo (with or without a link to your Application) on our Website, in press releases, and in promotional materials without your prior consent.

5 Confidentiality.

The term “LinkedIn Confidential Information” means any information of or relating to LinkedIn that becomes known to you through disclosure, observation or otherwise, and that either is designated as confidential by LinkedIn or that is not generally known or readily ascertainable to the public, including, without limitation, nonpublic information regarding LinkedIn’s APIs and LinkedIn’s products, services, programs, features, data, techniques, technology, code, ideas, inventions, research, testing, methods, procedures, know-how, trade secrets, business and financial information and other activities. All LinkedIn Confidential Information remains the property of LinkedIn, and no license or other right in any LinkedIn Confidential Information is granted hereby. You will not disclose any LinkedIn Confidential Information to any third party, and will take all reasonable precautions to prevent its unauthorized dissemination, both during and after the term of these Terms. If you are a corporate entity, you will limit your internal distribution of LinkedIn Confidential Information to your employees and agents who have a need to know, and will take steps to ensure that dissemination is so limited. You will not use any LinkedIn Confidential Information for the benefit of anyone other than LinkedIn. Upon LinkedIn’s written request, you will destroy or return to LinkedIn all LinkedIn Confidential Information in your custody or control. In addition to the terms of this provision, you and LinkedIn will continue to be subject to any non-disclosure agreement that you and LinkedIn have entered into separately. This provision will survive any termination of these Terms.

6 Term and Termination

6.1 Term. The term of these Terms of Use shall commence on the date upon which you agree to the Terms and shall continue in force thereafter, unless modified or terminated as provided herein.

6.2 LinkedIn Termination; Suspension; Discontinuance. We may suspend or terminate your use of all or any of the APIs at any time if we believe you have violated these Terms, the User Agreement, the Platform Guidelines, or, in our sole discretion, we believe the availability of the APIs in your Application is not in our or our users’ best interests. We may discontinue the availability of some or all of the APIs at any time for any reason. We may also impose limits on certain features and services or restrict your access to some or all of the APIs or our Website. All of our rights herein may be exercised without prior notice or liability to you.

6.3 Your Termination. You may terminate the agreement under these Terms for any reason or no reason at all, at your convenience, by closing your account or ceasing use of the APIs.

6.4 Effect of Termination. Upon termination of the agreement between you and us under these Terms, (a) all rights and licenses granted to you will terminate immediately, (b) any and all payment obligations, if any, will be due, (c) you will promptly destroy LinkedIn Confidential Information in your possession or control, and (d) unless we agree otherwise in writing or as stated in these Terms, you must permanently delete all Content or other data which you stored pursuant to your use of the APIs, except as expressly permitted by these Terms of the Platform Guidelines. LinkedIn may request that you certify in writing your compliance with this section. No liability shall be created for either party by the mere fact of termination of the agreement under these Terms. The following sections of these Terms shall survive termination: Sections 1.5, 1.8, 1.11, 2, 3, and 5-10.

6.5 Remedies. You acknowledge that your breach of these Terms may cause irreparable harm to LinkedIn, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which LinkedIn may be legally entitled, LinkedIn shall have the right to seek immediate injunctive relief in the event of a breach of these Terms by you or any of your officers, employees, consultants or other agents.

7 WARRANTY DISCLAIMER

THE LINKEDIN MATERIALS ARE PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. SOME OF THE LINKEDIN MATERIALS ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. WE DO NOT REPRESENT, WARRANT OR MAKE ANY CONDITION THAT THE LINKEDIN MATERIALS ARE FREE OF INACCURACIES, ERRORS, BUGS OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE OR OTHERWISE VALID. YOUR USE OF THE LINKEDIN MATERIALS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM USE OF THE LINKEDIN MATERIALS INCLUDING FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR WEBSITE OR OUR SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.

8 LIMITATION OF LIABILITY

YOU AGREE TO THE FOLLOWING LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW: YOU EXPRESSLY UNDERSTAND AND AGREE THAT LINKEDIN SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LINKEDIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE LINKEDIN MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN THE LINKEDIN MATERIALS OR ANY LINKEDIN SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE LINKEDIN MATERIALS OR ANY LINKEDIN SERVICES. UNDER NO CIRCUMSTANCES SHALL LINKEDIN’S AGGREGATE, CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, UNDER ANY THEORY OF LIABILITY, EXCEED U.S. ONE HUNDRED DOLLARS (U.S. $100).

9 Indemnification. You agree to hold harmless and indemnify LinkedIn, and its affiliates, and their respective directors, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of any LinkedIn Materials, violation of these Terms of Use or any other actions connected with your use of the LinkedIn APIs, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and reasonable attorneys’ fees, of every kind and nature.

10. General Terms

10.1 Governing Law; Attorneys Fees. These Terms will be governed by and construed in accordance with the laws of the State of California as such laws apply to contracts between California residents performed entirely within California. Any action or proceeding arising from or relating to these Terms must be brought in a federal court in the Northern District of California or in state court in Santa Clara County, California and each party irrevocably submits to the jurisdiction and venue of any such court. In the event of litigation between the parties arising out of or related to these Terms, the prevailing party will be entitled to recover its attorneys’ fees and costs incurred.

10.2 Interpretation. The term “include” (and all of its variants) when used in these Terms will be interpreted to be followed by the clause “without limitation” in all cases. You agree that LinkedIn has sole discretion in determining the interpretation of the meaning of these Terms, including determining your compliance with these Terms.

10.3 Export Laws. You shall comply with applicable export laws and regulations of the United States with respect to any technical materials you receive pursuant to these Terms.

10.4 Waiver. The failure of LinkedIn to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

10.5 Severability of Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect

10.6 Applicability and Entirety of Terms. These Terms do not apply to you if you and LinkedIn have executed a written API License Agreement, in which case such Agreement applies. In all other cases, these Terms apply to you, they constitute the entire agreement between you and us with respect to the subject matter herein, and they supersede any and all prior proposals (oral and written), understandings, representations and other communications between you and us.

10.7 Relationship Between the Parties. Nothing in these Terms will be construed as creating a partnership or joint venture of any kind between the parties and neither party will have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.

10.8 Assignment. You may not assign these Terms, in whole or in part, without LinkedIn’s prior written consent. Any assignment in violation of this section is null and void.

10.9 Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.

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A continuación las NUEVAS Condiciones de Uso de las APIs. A modo de recordatorio, el texto en color son las partes modificadas. Vamos allá:

LinkedIn APIs Terms of Use

I. Introduction

A. Welcome to the LinkedIn Developer Program

We’re excited that you’ve chosen to develop on the LinkedIn platform. At LinkedIn, we believe in putting our members first. We created our Developer Program to enable developers to create fantastic applications for our members. Together, we are building the professional web.

Our members include professionals and aspiring professionals. Participating in our Developer program requires that you act professionally as well:

  • To your users
  • To their fellow LinkedIn members
  • To LinkedIn

These Terms will evolve, so please check back regularly.

B. Who This Program Is For

We actively encourage you to create new types of applications that could never exist without the LinkedIn platform.

Please incorporate our APIs into your products to enable LinkedIn members to:

  • Bring their professional identities with them as they move across the web
  • Increase their productivity by enriching their experiences with professional information
  • Build their professional brand by publishing, discussing, and sharing content
  • Gain insights into how they can be more successful through content curation and discovery
  • Network, online and offline, with fellow professionals
  • Discover and connect with like minded professionals who can help them in their careers

The use of our plugins is subject to the terms of our Plugins Terms of Use. If you use both APIs and LinkedIn plugins in your Application, you must comply with these Terms and the Plugins Terms of Use.

C. Who Our Partner Programs Are For

We designed our Partner Programs to give specific categories of applications access to our Platform. Approved partners in these programs often get enhanced use of our APIs and premium support.

Learn more about all of our Partner Programs, including the application process, at https://developer.linkedin.com/partner-programs.

If your application falls into one or more of the following categories, you are required to be part of one of our Partner Programs and have a signed agreement with LinkedIn that allows you to use our APIs in your application:

  • Applications used for hiring, marketing, or sales. For example, employee hiring, company marketing or monitoring, lead generation, relationship management, systematic matching of people with their LinkedIn profile, or anything with a similar feature or purpose. Developers interested in these categories often apply to one of the following Partner Programs: Social Media Management, Ads, ATS, Job Postings, CRM, or our Certified Developer Program.
  • Applications that currently have or expect to have more than 250,000 lifetime members using our APIs, make more than 500,000 daily API calls, make more than 500,000 lifetime people search API calls, or serve greater than 1 million daily plugin impressions.
  • Applications that store or export any data from LinkedIn other than the Profile Data as explicitly allowed in Section III.B. This includes data for anyone other than the member, such as a member’s connections, people found via search, and information about companies and job postings.

If you believe that you are a good fit for one of these programs or are interested in building an application that requires access or permission under our Partner Programs, please contact us.

II. Joining our Program

A. Developer Accounts and Access Credentials

1. Developer Account.

To use the API, you must first sign up for a Developer Account using your real LinkedIn account. Both the Developer Account and your LinkedIn account must contain accurate and up-to-date information at all times, including your current title, company, and e-mail address.

2. Access Credentials.

Once you have a Developer Account you may obtain Access Credentials for your Application. The Access Credentials enable us to associate your API activity with your Application and the members using it. All activities that occur using your Access Credentials are your responsibility. Keep them secret. Do not sell, transfer, or sublicense them. Do not attempt to circumvent the Access Credentials. You must not require your users to obtain their own Access Credentials to use your Application.

3. Test Accounts.

For testing purposes only, you may create up to five LinkedIn accounts. Accounts must be created manually and not via any automated means, including scripts. These test accounts must not interact with non-test accounts (e.g. they must not be used to post messages in Groups), or be used to circumvent user limits. These accounts must have profiles that clearly identify them as test accounts, not have any profile positions at real companies besides your own, and be listed as Developers on your Developer Account.

B. API License

Subject to these Terms, we grant you a limited, non-exclusive, non-assignable, non-transferable license under LinkedIn’s intellectual property rights during the term of this agreement to use the APIs to develop, test, and support your Application, and to let your customers use your integration of the APIs within your Application.

III. Act Professionally

A. Display and Use Content Properly

1. Data Views.

Each user must grant your application access to their LinkedIn network, and each user may only see data from his or her own LinkedIn network. Data from one user’s LinkedIn account or network must not be exposed to another user. People’s views of their networks are private to them, based on the connections they have. For example, you must not gather information about a LinkedIn member in one user’s network and show that information to other users.

2. Excluded Uses.

The use scenarios below are not permitted under these Terms. You must never do any of the following:

a. Use LinkedIn Content in any advertisements or for purposes of targeting advertisements, in your Application or elsewhere.

b. Use the Content for any of the following: generating messages, promotions, offers, or mass messages; or for any other purpose other than, and solely to the extent necessary for, allowing end users to use the Content in your Application.

c. Use the APIs in any Application that contains or displays adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under 21 years of age, or otherwise violates any law or regulation.

d. Sell, lease, share, transfer, or sublicense any Content or access to any Content, directly or indirectly, to any third party, including any recruiter, data broker, salesperson, or advertising-related entity.

e. Offer API search results as aggregated search.

f. Commingle Content from the APIs with any LinkedIn data obtained directly or indirectly from another source, including data scraped from our Website or data provided by a third party. For example, you cannot supplement the Profile Data you have received via the API with other LinkedIn information obtained from scraping our Website, whether that scraping was done by you or a third party.

g. Display Content, including search results, gathered using the Access Credentials of another person. Each person must authenticate individually.

h. Distribute or allow access to the stand-alone APIs, or provide an application program interface that provides access to LinkedIn Content. Anyone who wants access to our APIs and Content must join our Developer Program.

B. Store Content Only As Allowed

This Section III(B) replaces the old Section 3.4 that may be referred to in some of our other agreements. The terms of this Section III(B) apply everywhere that Section 3.4 of the API Terms of Use is referenced.

1. No Copying.

Except as expressly permitted in these Terms, you must not copy or store any Content. This restriction includes any derived, hashed, or transformed data, or any method where you capture information expressed by the Content, even if you don’t store the Content itself.

2. Tokens.

You may store the alphanumeric user IDs (Member Tokens) that we provide to you for identifying users or any individual member’s authentication token (OAuth Token) that we provide to you when a LinkedIn user authenticates your Application to his LinkedIn account.

3. Cache for Performance.

To improve the member experience, you may cache LinkedIn Content, but you must not do so for more than 24 hours from your original request. This limited permission to cache is for performance reasons only. You do not have any rights to the LinkedIn Content beyond this limited use.

4. Member Profile Data.

If you obtain a member’s consent to store that member’s profile, you may perform a one-time capture of the Profile Data for that member and store that Profile Data. The process for obtaining member consent must meet the specifications provided by LinkedIn and explicitly inform the member which parts of his or her profile you are storing. Each future request for revised Profile Data must be accompanied by another request for consent from that member and consent from that member. You must use stored Profile Data solely for the benefit of the LinkedIn user that granted you permission to access it. You must not monetize it, directly or indirectly. For example, you may not sell access to an aggregated collection of profiles or the most relevant people for a position.

C. Delete Content When Asked

1. Delete at User Request

You must delete all data collected with the user’s consent, including the Member Token and the OAuth Token, upon request by the user, when the user uninstalls your Application, or when the user closes his or her account with you. The restrictions of this Section III(C)(1) do not apply to data that users provide directly to you and that is separately entered or uploaded to you by the user of your Application.

2. Delete for Breach.

You must immediately delete all data if we terminate your use of the APIs for breach of these Terms, except when doing so would cause you to violate any law or obligation imposed by a governmental authority.

D. Don’t Harm or Trick Members

Your Application must include your own user agreement and privacy policy. Your user agreement and privacy policy must be prominently identified or located where users download or access your Application. You must promptly notify us of any breaches of your user agreement or privacy policy that impact or may impact our members. Your privacy policy must be at least as stringent and user-friendly as LinkedIn’s.

Before obtaining information from your users of the Application, you must obtain their informed consent by informing them what information you collect and how it will be used and/or shared.

Your Application must not:

  • Implement features or business practices that harm the professional reputation, relationships, or professional ecosystem of LinkedIn members.
  • Impersonate a LinkedIn user or misrepresent any user or other third party when requesting or publishing information.
  • Obfuscate or hide any LinkedIn buttons, sign-in functionality, consent, or authorization flows from your users.
  • In order to access member specific Content through the APIs, your users must sign-in with their LinkedIn credentials and grant your Application access to their Content.
  • Proxy, request or collect LinkedIn user names or passwords. You are never allowed to collect or use a LinkedIn member’s username or password in any fashion for any reason. We want our members to have safe and consistent experiences across all applications.

E. Be a Good Citizen to our Platform

You share LinkedIn and our APIs with your fellow members and developers. Write your Application as you’d want others to write theirs.

  • Only ask for the minimum data fields your application needs to work properly.
  • Don’t try to exceed or circumvent your limitations on calls and use. This includes creating multiple applications for identical, or largely similar, usage (e.g. having one application per customer). If we believe that you have exceeded or circumvented our limitations, or if you have tried to, we may temporarily suspend or permanently block your access to the APIs, disable your developer account, or both.
  • Don’t download, scrape, post, or transmit, in any form or by any means, any part of our Website or Content.
  • Don’t copy, reformat, reverse-engineer, or otherwise modify the APIs, Access Credentials, our Website or any Content.
  • Don’t interfere with or disrupt LinkedIn services or servers or networks connected to LinkedIn services, or disobey any requirements, procedures, policies or regulations of networks connected to LinkedIn services.

F. Treat Our Brand With Respect

1. Brand Features License.

Subject to these Terms, including the Branding Guidelines, we grant you a limited, non-exclusive, non-assignable, non-sublicenseable, and non-transferable license during the Term to display our Brand Features to promote or advertise your integration of the APIs in your Application.

2. Restrictions.

You must not:

a. Display our Brand Features in any way that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to LinkedIn in its sole discretion, or in a way that suggests we have created, sponsored, or endorsed your Application or its content;
b. Remove any legal, copyright, trademark, watermark or other proprietary rights notices contained in or on materials you receive or access pursuant to these Terms, including the APIs, the materials posted at the Developer Site, and our Website; or
c. Use the APIs or Brand Features for any illegal, unauthorized or otherwise improper purposes, or in any manner that would violate these Terms (or any document incorporated into the Terms), or breach any laws or regulations, or violate any rights of third parties, or expose LinkedIn or its members to legal liability in your use of the APIs.

3. Publicity by You.

Subject to our Branding Guidelines, You may promote your Application, including talking to traditional and online media and your users about your Application, so long as you do so truthfully and without implying that your Application is created or endorsed by LinkedIn (or otherwise embellishing your relationship with LinkedIn). However, you may not issue any formal press release via traditional or online media referring to LinkedIn without LinkedIn’s prior consent, unless expressly allowed in the Branding Guidelines.

4. Publicity by Us.

We may publicly refer to you, orally or in writing, as a licensee of the LinkedIn APIs. We may also publish your name and logo (with or without a link to your Application) on our Website, in press releases, and in promotional materials without your prior consent.

G. Follow The Law and These Terms

You must comply with all applicable laws, including, the Digital Millennium Copyright Act and applicable export laws, and these Terms, which may be amended from time to time with or without advance notice, in order to use the LinkedIn APIs. You and your Application must also comply with the following, which are hereby incorporated by reference:

  1. The LinkedIn User Agreement;
  2. The LinkedIn Privacy Policy;
  3. The Platform Guidelines, which are located at the Developer Site; and
  4. The Branding Guidelines.

In the event of any conflict between the content in this document and the above documents, this document controls your use of the APIs. If you disagree with any of the provisions in these Terms, do not click that you agree to them, and do not access or use the APIs.

The most current version of these Terms can be reviewed on the Developer Site. By using the LinkedIn APIs after changes are made to the Terms, you agree to be bound by the most current version. If you disagree with the Terms, or changes to the Terms, you must discontinue your use of the APIs.

If we have entered into a separate, written API License Agreement with you, the terms of that agreement will govern your use of those APIs.

H. Safety and Abuse

A. Security Measures

Your network, operating system and the software of your web servers, databases, and computer systems (collectively, “Systems”) must be properly configured to securely operate your Application. You must not architect or select Systems in a manner to avoid the foregoing obligation. You must promptly report any security deficiencies in or intrusions to your Systems that you discover to LinkedIn in writing via email to support@linkedin.com or subsequent contact information posted in the Developer Site. You will work with LinkedIn to immediately correct any security deficiency, and will disconnect immediately any intrusions or intruder. In the event of any security deficiency or intrusion involving the Application, you will make no public statements (i.e. press, blogs, bulletin boards, etc.) without prior written and express permission from LinkedIn in each instance.

B. Monitoring

You agree to assist LinkedIn in verifying your compliance with these Terms by providing information about your Application to us, which may also include access to your Application and other materials related to your use of the APIs. If you do not demonstrate full compliance with this Agreement, we may restrict or terminate your access to the APIs.

C. Other Legal Terms

 A. Rights we reserve.

 1. Support and Modifications.

We may provide you with support or modifications for the APIs in our sole discretion. We may stop providing support or modifications to you at any time without notice or liability to you. We may release subsequent versions of the APIs and require that you use those subsequent versions. Your continued use of the APIs following a subsequent release will be deemed your acceptance of modifications.

 2. Fees.

The APIs are currently provided for free, but LinkedIn reserves the right to charge for the APIs in the future. If we do charge a fee for use of the APIs or any developer tools and features, you do not have any obligation to continue to use LinkedIn’s developer resources.

 3. LinkedIn Independent Development.

You understand and acknowledge that LinkedIn may be independently creating applications, content, and other products or services that may be similar to or competitive with your Application. Nothing in these Terms will be construed as restricting or preventing LinkedIn from creating and fully exploiting any applications, content, and other items, without any obligation to you.

   4. Developer Exception to our Privacy Policy.

LinkedIn may reveal personal information about developers for attribution purposes, handling inquiries from users or potential users, and other purposes LinkedIn reasonably deems necessary under these Terms. You understand and agree that LinkedIn may access, preserve, and disclose your personal information and your developer account details if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal process or to protect the rights, property, or safety of LinkedIn, its affiliates or partners, its users, or the general public.

  B. Proprietary Rights.

   1. LinkedIn Property.

As between you and us, we own all rights, title, and interest, including all intellectual property rights, in and to, the (a) APIs, and all elements, components, and executables of the APIs; (b) the Content available from the APIs; (c) our Website; and (d) our Brand Features (clauses (a)-(d) collectively, the “LinkedIn Materials”). Except for the express licenses granted in these Terms, LinkedIn does not grant you any right, title, or interest in the LinkedIn Materials. You agree to take such actions, including executing affidavits or other documents, as LinkedIn may reasonably request to effect, perfect, or confirm LinkedIn’s rights to the LinkedIn Materials.

 2. Feedback.

You have no obligation to give us any suggestions, comments or other feedback (“Feedback”) relating to the LinkedIn Materials. However, we may use and include any Feedback that you voluntarily provide to improve the LinkedIn Materials and/or any other of our products, services, or technologies. Accordingly, if you give Feedback, you agree that we may freely use, reproduce, license, and distribute such Feedback. You also agree not to provide Feedback that you know is subject to any intellectual property claim by a third party or any license terms that would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.

 3. Application.

You represent and warrant to LinkedIn that, excluding LinkedIn Materials, you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute your Application, and that use by LinkedIn and its users of your Application will not violate the rights of any third party (e.g., copyright, patent, trademark, or other proprietary right of any person or entity), or any applicable regulation or law, including the laws of any country in which your Application is made available. Except to the extent your Application contains LinkedIn Materials, LinkedIn claims no ownership or control over your Application. During the term of these Terms you hereby grant to us a paid-up, royalty-free, non-exclusive, worldwide, irrevocable right and license, under all of your intellectual property rights, to: (a) use, perform, and display your Application and its content for purposes of marketing, demonstrating, and making your Application available to users; (b) link to and direct users to your Application; and (c) sublicense the foregoing rights to our affiliates. Following the termination of these Terms and upon written request from you, LinkedIn will make commercially reasonable efforts, as determined in its sole discretion, to remove all references and links to your Application from the LinkedIn Website and service. LinkedIn has no other obligation to delete copies of, references to, or links to your Application.

  C. Term and Termination.

 1. Term.

The term of this agreement will commence on the date upon which you agree to these Terms and will continue until: you discontinue using our APIs, you close your Developer Account, or we terminate your access to the APIs, this agreement, or both.

 2. Suspension; Termination.

We may suspend or terminate your use of all or any of the APIs at any time if we believe you have violated these Terms or, if we believe the availability of the APIs in your Application is not in our or our members’ best interests. We may discontinue the availability of some or all of the APIs at any time for any reason. We may also impose limits on certain features and services or restrict your access to some or all of the APIs or our Website. All of our rights in these Terms may be exercised without prior notice or liability to you.

 3. Effect of Termination

Upon termination of the agreement between you and us under these Terms:

a. all rights and licenses granted to you will terminate immediately;
b. you will promptly destroy LinkedIn Confidential Information in your possession or control;
c. neither party is liable to the other party just because the agreement has been terminated; and
d. unless we agree otherwise in writing or as stated in these Terms, you must permanently delete all Content or other data which you stored pursuant to your use of the APIs. LinkedIn may request that you certify in writing your compliance with this section.

  4. Survival.

Sections III(A)(2), III(B), III(C), III(D), III(E), III(F)(2), and the following sub-sections in Section V will survive any termination of this agreement: A.3, A.4, B, C.4, D, E, F, G, H, I, and J.

 D. WARRANTY DISCLAIMER.

While LinkedIn strives to have its APIs available continuously, we cannot guarantee any up-time for any LinkedIn developer resource, including the APIs.

THE LINKEDIN MATERIALS ARE PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE, AND NON-INFRINGEMENT. SOME OF THE LINKEDIN MATERIALS ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. WE DO NOT REPRESENT, WARRANT OR MAKE ANY CONDITION THAT THE LINKEDIN MATERIALS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. YOUR USE OF THE LINKEDIN MATERIALS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM USE OF THE LINKEDIN MATERIALS INCLUDING FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR WEBSITE OR OUR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.

  E. LIMITATION OF LIABILITY

YOU AGREE TO THE FOLLOWING LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW: YOU EXPRESSLY UNDERSTAND AND AGREE THAT LINKEDIN WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LINKEDIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE LINKEDIN MATERIALS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN THE LINKEDIN MATERIALS OR ANY LINKEDIN SERVICES; OR (5) ANY OTHER MATTER RELATING TO THE LINKEDIN MATERIALS OR ANY LINKEDIN SERVICES. UNDER NO CIRCUMSTANCES WILL LINKEDIN’S AGGREGATE, CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, UNDER ANY THEORY OF LIABILITY, EXCEED U.S. ONE HUNDRED DOLLARS (U.S. $100).

  E. INDEMNIFICATION

You agree to hold harmless and indemnify LinkedIn, and its affiliates, and their respective directors, officers, agents, employees, advertisers, and partners, from and against any third party claim arising from or in any way related to your use of any LinkedIn Materials, violation of these Terms, or any other actions connected with your use of the APIs, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and reasonable attorneys’ fees, of every kind and nature.

   F. GOVERNING LAW

These Terms will be governed by and construed in accordance with the laws of the State of California as such laws apply to contracts between California residents performed entirely within California. Any action or proceeding arising out of or relating to these Terms or your use of the APIs must be brought in a federal court in the Northern District of California or in state court in Santa Clara County, California and each party irrevocably submits to the jurisdiction and venue of any such court. In the event of litigation between the parties arising out of or related to these Terms or your use of the APIs, the prevailing party will be entitled to recover its attorneys’ fees and costs incurred.

  G. REMEDIES

You acknowledge that your breach of these Terms may cause irreparable harm to LinkedIn, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which LinkedIn may be legally entitled, LinkedIn will have the right to seek immediate injunctive relief in the event of a breach of these Terms by you or any of your officers, employees, consultants, or other agents.

   I. MISCELLANEOUS

The failure of LinkedIn to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. These Terms constitute the entire agreement between LinkedIn and you with respect to the subject matter in this document, and they supersede any and all prior proposals (oral and written), understandings, representations and other communications between you and us.Nothing in these Terms will be construed as creating a partnership or joint venture of any kind between the parties and neither party will have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose. You may not assign these Terms, in whole or in part, without LinkedIn’s prior written consent. Any assignment in violation of this section is null and void. The section headings in these Terms are for convenience only and have no legal or contractual effect.

J. DEFINITIONS

“Access Credentials” means the necessary security keys, secrets, tokens, passwords, and other credentials to access the APIs.

“APIs” means programmatic web APIs and associated tools and documentation that LinkedIn provides.

“Application” means a software application, website, or product you create or a service you offer.

“Brand Features” means any trade names, trademarks, service marks, logos and domain names that LinkedIn makes available to you.

“Content” means Profile Data and any other data or content from the Website or accessed via the APIs.

“Developer Account” means an individual account created on the Developer Site.

“Developer Site” means the LinkedIn Developer Network site at developer.linkedin.com.

“Profile Data” means the name, photo, headline, contact information, experience, education, summary, and location of a LinkedIn member. Profile Data excludes connections, network updates, jobs, groups, and companies.

“Terms” means the terms and conditions of this document, including any documents incorporated by reference.

“Website” means LinkedIn’s website at www.linkedin.com and any other website owned or operated by LinkedIn.

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