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Terms of Service for edX APIs

Effective Date: May 24th, 2018

Welcome to edX. Thank you for using edX's Course Discovery API, Enterprise API and/or any additional APIs that we may offer from time to time (collectively, the "APIs"). Please read these Terms of Service prior to accessing or using the APIs. These Terms of Service, any additional terms within accompanying API documentation, and any applicable policies and guidelines that edX makes available and/or updates from time to time are agreements (collectively, the "Terms") between you and edX. These Terms are issued under the enterprise product agreement, member participation agreement, or other direct agreement governing the purchase of edX products, if any (the "Agreement"), executed by you or the party on whose behalf you are accessing or using the APIs and edX. In the event that you have such an Agreement that applies to your use of the APIs, the Agreement will control in the event of any conflict between it and these Terms. By accessing or using the APIs, you accept and agree to be legally bound by the Terms, whether or not you are a registered user. If you are accessing or using the APIs on behalf of a company, organization or other legal entity, you are agreeing to these Terms for that entity and representing and warranting to edX that you have full authority to accept and agree to these Terms for such entity, in which case the terms "you," "your" or related terms herein shall refer to such entity on whose behalf you are accessing or using the APIs. If you do not have such authority or if you do not understand or do not wish to be bound by the Terms, you should not use the APIs.

API Access

To access the APIs, you will need to create an edX user account for your application (not for personal use). This account will provide you with access to our API request page at https://courses.edx.org/api-admin/. On that page, you must complete the API request form including a description of your proposed uses for the APIs. Any account and registration information that you provide to edX must be accurate and up to date, and you agree to inform us promptly of any changes. Edx will review your API request form and, upon approval in edX's sole discretion, will provide you with instructions for obtaining your API shared secret and client ID.

Permissible Use

You agree to use the APIs solely for the purpose of delivering content that is accessed through the APIs (the "API Content") to your own website, mobile site, app, blog, email distribution list, or social media property ("Your Application") or for another commercial use that you described in your request for access and that edX has approved on a case-by-case basis. Edx may monitor your use of the APIs for compliance with the Terms and may deny your access or shut down your integration if you attempt to go around or exceed the requirements and limitations set by edX. Your Application or other approved use of the API or the API Content must not prompt your end users to provide their edX username, password or other edX user credentials anywhere other than on the edX website at www.edx.org.

Prohibited Uses and Activities

Edx shall have the sole right to determine whether or not any given use of the APIs is acceptable, and edX reserves the right to revoke API access for any use that edX determines at any time, in its sole discretion, does not benefit or serve the best interests of edX, its users and its partners.

The following activities are not acceptable when using the APIs (this is not an exhaustive list):

  • collecting or storing the names, passwords, or other credentials of edX users;
  • scraping or similar techniques to aggregate or otherwise create permanent copies of API Content;
  • violating, misappropriating or infringing any copyright, trademark rights, rights of privacy or publicity, confidential information or any other right of any third party;
  • altering or editing any content or graphics in the API Content;
  • altering or removing any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the APIs or any API Content;
  • sublicensing, re-distributing, renting, selling or leasing access to the APIs or your client secret to any third party;
  • distributing any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component; or
  • using the APIs for any purpose which or might overburden, impair or disrupt the edX platform, servers or networks.

Usage and Quotas

Edx reserves the right, in its discretion, to impose reasonable restrictions and limitations on the number and frequency of calls made by you or Your Application to the APIs. You must not attempt to circumvent any restrictions or limitations imposed by edX.

Compliance

You agree to comply with all applicable laws, regulations, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, copyright, and local laws). You will not use the APIs to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with edX. You will only access (or attempt to access) an API by the means described in the documentation of that API. You will not misrepresent or mask either your identity or Your Application's identity when using the APIs.

Ownership

You acknowledge and agree that the APIs and all API Content contain valuable intellectual property of edX and its partners. The APIs and all API Content are protected by United States and foreign copyright, trademark, and other laws. All rights in the APIs and the API Content, if not expressly granted, are reserved. By using the APIs or any API Content, you do not acquire ownership of any rights in the APIs or API Content. You must not claim or attempt to claim ownership in the APIs or any API Content or misrepresent yourself or your company or your Application as being the source of any API Content. You may not modify, create derivative works of, or attempt to use, license, or in any way exploit any API Content in whole or in part on your own behalf or on behalf of any third party. You may not distribute or modify the APIs or any API Content (including adaptation, editing, excerpting, or creating derivative works).

All names, logos and seals ("Trademarks") that appear in the APIs, API Content, or on or through the services made available on or through the APIs, if any, are the property of their respective owners. You may not remove, alter, or obscure any copyright, Trademark, or other proprietary rights notices incorporated in or accompanying the API Content. If any edX Participant (as hereinafter defined) or other third party revokes access to API Content owned or controlled by that edX Participant or third party, including without limitation any Trademarks, you must ensure that all API Content pertaining to that edX Participant or third party is deleted from Your Application and your networks, systems and servers as soon as reasonably possible. "Edx Participants" means MIT, Harvard, and the other entities providing information, API Content or services for the APIs, the course instructors and their staffs.

To the extent that you submit any content to edX in connection with your use of the APIs or any API Content, you hereby grant to edX a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, relicense and otherwise use, make available and exploit such content, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).

Privacy

You agree to comply with all applicable privacy laws and regulations and to be transparent with respect to any collection and use of end user data. You will provide and adhere to a privacy policy for Your Application that clearly and accurately describes to your end users what user information you collect and how you may use and share such information (including for advertising) with edX and other third parties.

Right to Charge

Certain access to the APIs may be provided free of charge, but edX reserves the right to charge fees for future use or access to the APIs.

Updates

Edx reserves the right to modify the Terms at any time without advance notice. Any changes to the Terms will be effective immediately upon posting on this page, with an updated effective date. By accessing or using the APIs after any changes have been made, you signify your agreement on a prospective basis to the modified Terms and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of the Terms.

Edx may also update or modify the APIs from time to time without advance notice. These changes may affect your use of the APIs or the way your integration interacts with the API. If we make a change that is unacceptable to you, you should stop using the APIs. Continued use of the APIs means you accept the change.

Confidentiality

Your credentials (such as client secret and IDs) are intended to be used solely by you. You will keep your credentials confidential and prevent and discourage others from using your credentials. Your credentials may not be embedded in open source projects.

In the event that edX provides you with access to information specific to edX and/or the APIs that is either marked as "Confidential" or which a reasonable person would assume to be confidential or proprietary given the terms of its disclosure ("Confidential Information"), you agree to use this information only to use and build with the APIs. You may not disclose the Confidential Information to anyone without edX's prior written consent, and you agree to protect the Confidential Information from unauthorized use and disclosure in the same way that you would protect your own confidential information. Confidential Information does not include information that you independently developed, that was rightfully given to you by a third party without any confidentiality obligation, or that becomes public through no fault of your own. You may disclose Confidential Information when compelled to do so by law if you provide edX with reasonable prior notice, unless a court orders that edX not receive notice.

Disclaimer of Warranty / Limitation of Liabilities

THE APIS AND ANY INFORMATION, API CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE APIS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.

EDX AND THE EDX PARTICIPANTS DO NOT WARRANT THAT THE APIS WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE APIS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APIS OR API CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. EDX AND THE EDX PARTICIPANTS ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE APIS OR ANY API CONTENT, OR THAT ANY PARTICULAR API CONTENT WILL CONTINUE TO BE MADE AVAILABLE.

USE OF THE APIS, AND THE API CONTENT AND ANY SERVICES OBTAINED FROM OR THROUGH THE APIS, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS OR DATA THROUGH THE APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH INFORMATION, MATERIALS OR DATA, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THE EDX PRIVACY POLICY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER EDX NOR ANY OF THE EDX PARTICIPANTS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE TERMS, OR YOUR (OR ANY THIRD PARTY'S) USE OF OR INABILITY TO USE THE APIS OR ANY API CONTENT, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE APIS, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.

IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EDX NOR ANY OF THE EDX PARTICIPANTS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT EDX OR ANY OF THE EDX PARTICIPANTS HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA OR INTERRUPTION IN AVAILABILITY OF DATA).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

The APIs and API Content may include hyperlinks to sites maintained or controlled by others and not affiliated with or under the control of edX. Edx and the edX Participants are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these third-party sites. If you decide to access linked third-party websites, you do so at your own risk.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, hold harmless and indemnify edX and the edX Participants, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents and employees from and against any third-party claims, actions or demands arising out of, resulting from or in any way related to your use of the APIs and any API Content, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, edX or one of the edX Participants will provide you with written notice of such claim, action or demand.

General Legal Terms

The Terms constitute the entire agreement between you and edX with respect to your use of the APIs and API Content, superseding any prior agreements between you and edX regarding your use of the APIs and API Content. The failure of edX to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the 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 the Terms shall remain in full force and effect. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. For any notice provided to you by edX under these Terms, edX may notify you via the email address associated with your edX account.

You agree that the Terms, the APIs, and any claim or dispute arising out of or relating to the Terms or the APIs will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Cambridge, Massachusetts, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum). Notwithstanding the foregoing, you agree that edX shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Termination

You may stop using the APIs at any time. You agree that edX, in its sole discretion and at any time, may terminate your use of the APIs or any API Content for any reason or no reason, without prior notice or liability.

Edx and the edX Participants reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any API or API Content offered through edX, or to cease providing any part or all of the APIs or API Content or related services, and you agree that neither edX nor any of the edX Participants will have any liability to you for such an action.

Upon any termination of the Terms or discontinuation of your access to an API for any reason, your right to use any API and API Content will immediately cease. You will immediately stop using the APIs and delete any cached or stored API Content from Your Application and your networks, systems and servers as soon as reasonably possible. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the APIs and API Content shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to edX, including without limitation any indemnification obligations contained herein.