Fandango Showtimes, FandangoNOW and Rotten Tomatoes API Data Feeds Terms of Service
Fandango Showtimes, FandangoNOW and Rotten Tomatoes API Data Feeds Terms of Service
Updated December 14, 2016
If You are agreeing to these Data Feed Terms on behalf of Your employer or other entity, You represent and warrant that You have full legal authority to bind Your employer or such entity to these Data Feed Terms. If You have entered into a separate signed written agreement with Fandango governing the access and use of the Data Feed, then the terms of that agreement will prevail and govern with respect to any conflicting terms of these Data Feed Terms.
1. License to Data Feed. Subject to the terms and conditions herein, which include, without limitation, Your compliance with the Brand Guidelines provided by Fandango (Fandango Brand Guidelines and Rotten Tomatoes Brand Guidelines, as applicable, collectively, the "Brand Guidelines"), Fandango grants You a nonexclusive, revocable, non-assignable, non-sub-licensable right to access and use the Data Feed solely for purposes of developing, implementing, and integrating the Data Feed solely into Your Service, which will permit You to search and retrieve Licensed Content, and display certain Licensed Content (subject to Section 1(e) below) on Your Service, and no other service; and to use and display the Licensed Marks solely to identify that the Licensed Content so displayed is from the Source Website and Fandango, and as required herein. For the avoidance of doubt, as set forth in Section 3(a) below, You do not have the right to resell, sublicense or otherwise share the Data Feed or any Licensed Content or the Licensed Marks with a service other than Your Service (including, but not limited to, a service operated by You on a “white label” basis). We reserve the right to revoke access to the Fandango Property at any time for any reason or no reason immediately without notice.
(a) Support. Fandango will make support services for the Data Feed available through the Source Website. You are responsible for providing all support and/or technical assistance to Your end users regarding the use of Your Service (including any issues related to the Licensed Content and the Data Feed). Fandango will not provide support and/or technical assistance directly to Your end users.
(b) Updates. You acknowledge that Fandango may update or revise the Data Feed from time to time, and that such updates and revisions may adversely affect the manner in which Your Service accesses or communicates with the Data Feed. Accordingly, You agree to implement and use the most current version of the Data Feed and to make any changes to Your Service that are required as a result of Fandango’s updates and revisions to the Data Feed, at Your sole cost and expense. Fandango will attempt to provide You with as much advance notice as possible of any revisions to the Data Feed that are not backward compatible or remove significant functionality by posting such notice on the Source Website, unless circumstances require Fandango to make an immediate change.
(c) Registration. To access the Data Feed, You must provide registration details. It is a condition of use thereof that all the details You provide be true, accurate, correct, current, and complete. If we believe the details are not true, accurate, correct, current and complete, we have the right to refuse You access to the Data Feed, or any of the related resources, and to terminate or suspend Your account. Fandango may also require You to manage Your use and access to the Data Feed through the use of a third party platform (a “Third Party Tool”). Any such Third Party Tool is not controlled by Fandango. Accordingly, Fandango makes no warranties regarding such Third Party Tool and will not be liable for any loss or damage caused by Your use or reliance on such Third Party Tool. Your use of the Third Party Tool is at Your own risk. Your use of a Third Party Tool is subject to and governed by the agreements and policies related to Your use of the Third Party Tool that may be required by the provider of such Third Party Tool.
(d) Third Party Data Licensors. If You elect to receive theater information and show times from Fandango for theaters that do not ticket through Fandango for Your exhibition on Your Service, You agree to secure the necessary license(s) from Tribune Media Services to enable Fandango to provide You with such theater information and show times. Accordingly, You shall secure all necessary licenses from Tribune Media Services to display and distribute such information on Your Service. Your license to use the Licensed Content hereunder is conditioned on You securing such licenses.
(e) Data for Internal Use or Display. Notwithstanding anything to the contrary herein, certain data which is accessible through the Data Feed shall only be used internally and shall not be displayed by You. With respect to the Showtime Content, the following Showtime Content may be displayed, and all other Showtime Content included in the Data Feed shall be used by You only internally: movie title, name of theater, theater address and phone number, theatrical showtimes, MPAA rating. With respect to the RT Content, the following RT Content may be displayed, and all other RT Content included in the Data Feed shall be used by You only internally: title, Tomatometer score, audience score, review excerpts. With respect to the FandangoNOW Content, the following FandangoNOW Content may be displayed, and all other FandangoNOW Content included in the Data Feed shall be used by You only internally: title, availability on FandangoNOW, pricing.
(f) No Aggregation. You will not aggregate the Showtime Content with any other movie ticketing data to create a comprehensive ticketing solution.
2. Licensed Content. With respect to Licensed Content that may be displayed, You will not modify the Licensed Content except You may format it for display on Your Service, subject to the Brand Guidelines. For each proposed use of the Licensed Content, You shall not publicly display the Licensed Content without the prior written approval from Fandango of the format of such Licensed Content as integrated into Your Service. If modifications are required by Fandango, You will have ten (10) business days from the date of notification by Fandango to make necessary changes. Every six months, Fandango may request that You provide screen grabs and/or links to pages that feature Licensed Content, and You agree that You shall do so within ten (10) business days of receipt of such request.
(a) Updates. You must maintain and make the most current Licensed Content available on Your Service. The availability of Licensed Content is subject to change and Fandango may restrict access to, modify, suspend or terminate any or all of the Licensed Content or the Data Feed, generally or with respect to one or more recipients thereof, at any time, for any reason (including failure to comply with these Data Feed Terms) or no reason, and possibly without prior notice.
(b) Attribution. (i) You will include and display all required Licensed Marks where Licensed Content is displayed or used with Your Service, as required by these Data Feed Terms, the Brand Guidelines, or otherwise requested by Fandango. You will comply with all terms contained in the Brand Guidelines.
(ii) Each page of Your Service on which Showtime Content is displayed shall include the following Fandango attribution every time showtime data is displayed: “Showtimes and Ticketing powered by Fandango.” The attribution should be located at the top of the page and in close proximity to the showtime data.
(c) Showtime Display and Link Obligation. If Showtime Content is licensed hereunder, You agree to (a) display all returned showtimes information, including showtimes amenities (e.g., closed captioned, no passes, reserved seating); rating, runtime and AM/PM designation; and (b) deeplink to Fandango applications, if the Showtime Content includes Fandango-enabled ticketing services. Such deep links should link to Fandango’s mobile website in the case of mobile apps and to Fandango’s website in the case of web applications in accordance with the Partner Linking Instruction Documents available at https://developer.fandango.com/docs/fandango/Linking_To_Fandango. The affiliate ID must be included in the deep link to ensure proper purchase transaction tracking is enabled.
(d) Quality Control. You undertake to maintain Fandango’s high quality standards in Your use of Licensed Content and Licensed Marks.
3. Restrictions. Your right to access and use the Data Feed, Licensed Marks and Licensed Content is contingent upon Your compliance with the following terms and conditions, and You shall not use any of the foregoing for any purpose not expressly permitted in these Data Feed Terms.
(a) No Resell. You do not have the right to resell, sublicense or otherwise share the Fandango Property with a service other than Your Service. For the avoidance of doubt, You are prohibited from sublicensing or otherwise sharing the Fandango Property with others through a service operated by You on a “white label” basis. In addition, except as permitted herein (and unless You have been specifically permitted to do otherwise by Fandango in writing), You shall not (and You shall not permit anyone else to): (i) sell or otherwise charge users for access or use of Fandango Property; (ii) create any derivative works based upon Fandango Property; (iii) copy any of the Fandango Property and/or extract any data from it; (iv) remove, alter or obscure any copyright or other proprietary notice, credit-line or date-line (or any source identifier) included in the Fandango Property; (v) make use of Fandango Property in connection with any application or service not an electronic movie discovery or sales application or service (e.g., games using Licensed Content are not allowed); or (vi) use Fandango Property in connection with any service where each and every movie title page does not provide a link to the corresponding Source Website movie page, as provided elsewhere in these Data Feed Terms and the Brand Guidelines.
(b) No Conflicting Uses. You shall not use the Data Feed to develop (or instruct any third party to develop) a service that may reasonably be deemed to be directly competitive with Fandango’s products and services. You shall not use the Data Feed, the Licensed Marks or any words, symbols or logos that are similar to the Licensed Marks in any way that conflicts with the terms of these Data Feed Terms or that may confuse end users as to the ownership of the Licensed Marks or Licensed Content, including but not limited to use in metadata and URLs.
(c) No Benchmarking. You shall not use or access the Data Feed for purposes of monitoring the availability, performance or functionality of any of Fandango’s products and services or for any other benchmarking or competitive purposes.
(d) No Third Party Images. You shall not obtain images of Licensed Marks from any third-party source. Fandango is the only authorized source of images of Licensed Marks.
(e) Compliance. You acknowledge and agree that Fandango shall be entitled to monitor Your access and use of the Fandango Property. You shall not interfere with such monitoring or in any way attempt to conceal Your activities hereunder. You agree to and will make available to Fandango any data, usage statistics or other information (in the aggregate) regarding Your access and use of the Fandango Property as reasonably and regularly requested by Fandango to help confirm that such use meets our compliance requirements and quality control standards.
(f) No Interference. You shall not (or attempt to) interfere with, disrupt or disable any feature or functionality that is embedded or included with the Fandango Property. Except as expressly specified in these Data Feed Terms, You shall not: (i) interfere with or disrupt the Data Feed, circumvent the rate limits on use of the Data Feed, or attempt to gain access to any systems or networks that connect thereto (except as required to access and use the Data Feed); (ii) use the Fandango Property to replicate, frame or mirror the web site; (iii) transfer, sublicense, lease, lend, distribute or otherwise make available the Fandango Property to any third party; or (iv) use the Fandango Property in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Data Feed Terms.
(g) Security. Any usernames and passwords used for the Data Feed are for Your use only. You shall be responsible for the security of Your username and password (if any). Fandango shall be entitled to monitor Your username and password and, at its discretion, require You to change it. If You use a username and password that Fandango considers insecure, Fandango will be entitled to require this to be changed and/or terminate Your account. You are prohibited from using any services or facilities provided in connection with the Data Feed to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, Fandango reserves the right to release Your details to system administrators at other sites in order to assist them in resolving security incidents.
(h) Local Regulations. The Fandango Property is intended for use in the United States. Your display or use of Fandango Property outside of this territory must be pre-approved by Fandango. Fandango makes no representation that the Fandango Property is appropriate for use outside the United States. If You choose to access, use or display the Fandango Property from or in other locations You do so on Your own initiative and at Your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which You reside.
(i) You shall not (and shall not allow Your affiliates to) sell any advertising as part of a display against the Showtime Content, or sell any advertising based on any user data provided by Fandango. Without limiting the generality of the foregoing, You will not sell an ad unit to a studio which ad unit contains (or is targeted for display with) the Showtime Content or any ticketing links that link to Fandango. Fandango has the sole right to sell or license any and all advertising and promotional rights with respect to the Fandango Property, and Fandango will be entitled to retain any and all revenue generated from any sales or licenses of such advertising or promotional rights.
(1) To impersonate others or to mislead, confuse or deceive others;
(2) To promote obscene and/or pornographic materials;
(3) To promote violence, hate, discrimination or any illegal activities;
(4) To be libelous, defamatory (or false light), or misrepresentative of others;
(5) To offer or disseminate any fraudulent, illicit or misleading goods or services;
(6) To be used in a manner that reflects unfavorably on Fandango, its products, services or users;
(7) To violate the privacy, publicity, moral or any other proprietary right of others; or
(8) To be harmful to Fandango’s or any third party’s systems and networks.
(k) You will use the Licensed Content in a way that will allow for the removal and deletion of all Licensed Content at the expiration or termination of these Data Feed Terms, and will not permanently capture any Licensed Content to physical media or storage.
4. Termination. You may terminate Your access to the Data Feed and/or use of any Fandango Property at any time. Fandango may immediately suspend and/or terminate Your access to the Fandango Property at any time, if You breach any term or condition in these Data Feed Terms. Fandango may also terminate Your rights hereunder for any reason or no reason immediately without notice. Fandango will not be liable for any costs, expenses, or damages as a result of its termination of Your rights hereunder. Upon termination, You will promptly cease accessing and using the Fandango Property and will remove all Fandango Property and all copies and portions thereof, in all forms and types of media from Your Service and any media, computers or servers under Your control. Fandango shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of the Fandango Property. Termination, suspension, or cancellation of the Fandango Property or Your access rights shall not affect any right or relief to which Fandango may be entitled, at law or in equity, and all rights granted to You will automatically terminate and immediately revert to Fandango.
5. Data Key; Third Party Tool. Should Fandango approve Your Service, You may be issued an electronic key to access the API that is uniquely assigned to each publisher (each, a “Data Key”). You shall not share any Data Key with any third party. Fandango may block any requests with an invalid Data Key or URL/app/service not specified as an approved service. You are solely responsible for maintaining the confidentiality of the Data Key, and for all activities that occur using the Data Key. Your access to the Data Feed may be conditioned on your opening an account with the Third Party Tool, currently, Mashery or any other successor service designated by Fandango.
6. Ownership. You expressly acknowledge that Fandango and its licensors own all worldwide right, title and interest in and to the Fandango Property, including all intellectual property rights therein. You agree not to do anything inconsistent with such ownership. All use of the Licensed Marks, and all goodwill arising out of such use, inure to Fandango’s benefit. Any and all rights not specifically granted herein to You are reserved by Fandango.
7. Confidential Information. You may be given access to certain non-public information, software and/or specifications relating to the Fandango Property (“Confidential Information”), which is confidential and proprietary to Fandango. You may use this Confidential Information only as necessary in exercising Your rights granted in these Data Feed Terms. You may not disclose any of this Confidential Information to any third party without Fandango’s prior written consent. You agree that You will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that You would use to protect Your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care. This provision shall survive termination of these Data Feed Terms.
8. Disclaimer. You assume all responsibility and risk of use of the Fandango Property. YOUR USE OF THE FANDANGO PROPERTY IS AT YOUR OWN RISK. THE FANDANGO PROPERTY AND ALL RELATED MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FANDANGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FANDANGO DOES NOT WARRANT THAT THE FANDANGO PROPERTY WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FANDANGO PROPERTY OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FANDANGO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FANDANGO PROPERTY OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT RELATED THERETO IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FANDANGO MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE FANDANGO PROPERTY WILL NOT INFRINGE THE RIGHTS OF OTHERS AND FANDANGO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. This provision shall survive termination of these Data Feed Terms.
9. Indemnification. You will indemnify and hold harmless Fandango, its affiliates, representatives, agents and licensors (the “Fandango Parties”), and at Fandango's option defend the Fandango Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action ("Claim") brought against any of the Fandango Parties arising out of or in connection with (i) Your use of the Licensed Content, the Data Feed or the Licensed Marks; (ii) Your breach or alleged breach of any of the terms, restrictions, obligations or representations under these Data Feed Terms; or (iii) Your Service. If You are obligated to indemnify any of the Fandango Parties, Fandango may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at Your sole cost and expense. Without limitation of the foregoing, You will not settle, compromise or in any other manner dispose of any Claim without the written consent of Fandango. This provision shall survive termination of these Data Feed Terms.
10. Limitation of Liability. FANDANGO DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE FANDANGO PROPERTY, OR THE RELATED MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR CONTENT, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF FANDANGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT FANDANGO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE DATA FEED TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN ANY CASE, FANDANGO’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE DATA FEED TERMS SHALL NOT EXCEED $500. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. This provision shall survive termination of these Data Feed Terms.
11. Updates. Fandango may modify any of these Data Feed Terms and/or the Brand Guidelines at any time and in its sole discretion, by posting such updated Data Feed Terms and/or the Brand Guidelines on the Source Website, or by otherwise notifying You. If any change is unacceptable to You, Your sole recourse is to terminate Your use of the Data Feed. Your continued access and/or use of the Data Feed and/or Your continued access and/or use of any Licensed Content following such notice will constitute Your acceptance of the change. If you have a signed agreement with Fandango that references a previous version of these Data Feed Terms (the “Previous Terms”), the Previous Terms, as amended by your signed agreement with Fandango, continue to govern your use of the Fandango Property.
12. General. These Data Feed Terms constitute the entire agreement between You and Fandango with respect to the subject matter hereof and supersedes and merges any prior proposals, understandings and contemporaneous communications. You may not assign any of the rights or obligations granted hereunder, and any attempted assignment in violation of this paragraph is void. These Data Feed Terms are binding upon and shall inure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. These Data Feed Terms do not create or imply any partnership, agency or joint venture. These Data Feed Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California. Any dispute of any kind between You and Fandango arising under these Data Feed Terms shall be resolved by binding arbitration in Los Angeles, California, pursuant to the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge or justice of any California state or federal court with substantial experience in the entertainment industry and shall follow California law in adjudicating the dispute.
Subject to the arbitration provision above, any action or proceeding arising from, relating to or in connection with these Data Feed Terms will be brought exclusively in the federal or state courts located in Los Angeles, California, and You irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that You will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
No failure or delay by Fandango in exercising any right, power or privilege under these Data Feed Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Data Feed Terms.
If any provision of these Data Feed Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions.