API Terms of Use

If your application for an API key is approved, you will be required to agree to these API Terms of Use before to the API key is sent to you.

  1. iStockphoto LP ("iStockphoto" or "we") appreciates your efforts to improve the iStockphoto website and the services available to our members. Just to be clear though, we have not asked you to develop applications requiring access to our APIs and you are not under any contract or obligation to do so.
  2. These API Terms of Use (the "API Terms") describes the terms on which iStockphoto offers you use of the application programming interfaces available from iStockphoto (the "APIs"). The APIs are provided to you for transmitting and receiving data and computer instructions to and from iStockphoto's servers and website, subject to the limitations contained in these API Terms of Use and any request by you for API access which is approved by iStockphoto (the "Request"). For the purposes of these API Terms of Use, "iStockphoto Data" includes all data and instructions sent by iStockphoto's servers and website through the API to you or your application.
  3. iStockphoto grants to you a limited, non-transferable, non-sublicenseable, non-exclusive license during the Term to access the APIs, use the iStockphoto logo as permitted in section 5 and the iStockphoto Data for non-commercial use only. This access will be provided to you through a unique API key code (the "API key"). A separate API key is required for each application for which you wish to use iStockphoto Data.

    Examples of "commercial use" include:
    1. any application where you are charging a fee to end-users for access to the iStockphoto Data; or,
    2. any application where you are using iStockphoto Data to drive people to your website and generate ad revenue.
    If you want to use the API key and iStockphoto Data for commercial use or if you are unsure that your use is commercial, please contact technical@istockphoto.com for further information.

    The license granted above is subject to the following restrictions:
    1. You must not sell, lend, lease, share, transfer, sublicense or disclose the API key to any third party;
    2. You must not sell, lend, lease, share, transfer, sublicense or disclose the iStockphoto Data to any third party except that you may disclose iStockphoto Data to users of your application as contemplated in your Request.
    3. You have only those rights and permissions for access and use of the API as set out in paragraph 4, Basic Permissions, unless otherwise specified in the rights and permissions included in your Request.
    4. You may only use the API's for the purposes set out in your Request. In no circumstances shall those purposes include development of an application (i) that replaces crucial component of the istockphoto.com member experience; or (ii) in connection with any business or website that competes directly or indirectly with iStockphoto (applications that assist users of multiple stock photography sites are acceptable); or (iii) allows users to compare the financial or download statistics of one iStockphoto member against another iStockphoto member.
    5. You may not use the API key or the iStockphoto Data for any purpose that violates any law, any intellectual property right, right of privacy, or right of publicity. And, of course, you may not use the API key or iStockphoto Data for any purpose directly or indirectly related to spyware, adware or other malicious programs or codes, hacking, surveillance, interception or other bad stuff.
    6. You may not modify, adapt, reverse engineer, decompile or attempt to discover the source code of the APIs or otherwise use the APIs except as expressly authorized by these API Terms of Use.
    7. You are limited to 10,000 calls per day to the API, unless otherwise agreed in writing by iStockphoto. We may deny or suspend your access to the API, in the event that the iStockphoto website is experiencing excessive load or for any other reason in our sole discretion.
    8. If your application is web-browser-based, the following warning must appear to users: "Although this application uses the iStockphoto API it is not endorsed or sponsored by iStockphoto and iStockphoto does not guarantee the security of the information being transferred to or from this application to the iStockphoto server." Additionally, if your application uses any API functionality requiring authentication, your application may not directly accept iStockphoto membername and password information and must instead use the Token Login procedure described in the API documentation to log members into the site.
    9. If your application is a desktop application and calls the iStockphoto server, the following warning must appear to users: "You are connecting to the iStockphoto server through this application at your own risk. iStockphoto cannot guarantee the security of the information being transferred to or from your computer to the iStockphoto server through this application."
    10. Unless otherwise stated above, you cannot accept membername and password without first obtaining the written approval of iStockphoto. If approval is given you are required to warn users as set out in subparagraph (h) above.
    We may change the APIs at any time without notice to you and in our sole discretion. We will try to provide you support but we are under no obligation to do so.
  4. Basic Permissions
    • Search image, video, flash and vector files;
    • Get forum content;
    • Get public information about images;
    • Create lightboxes and manage lightbox content;
    • Authenticate members against the iStockphoto server using one of the available procedures;
    • Allow members to get limited information about their account;
    • Allow contributors to get available royalty statistics for their account;
    • Allow contributors to get limited information about files in their portfolio, and update meta-data information on their files; and,
    • Allow contributors to upload files of the type that they are approved for along with releases and associated meta-data.
  5. Intellectual Property and Attribution
    You shall ensure that the following attribution appears in a highly visible part of your application: "This application uses the iStockphoto® API but is not endorsed or sponsored by iStockphoto LP." The iStockphoto tradename must be no larger than 12 point font and, in any event, no larger than the logo associated with your application, if any. Any other use of iStockphoto trademarks (for example, iStockvideo™ or Copyspace™) requires the prior written consent of iStockphoto.

    iStockphoto owns all right, title and interest in and to the APIs, the iStockphoto trademarks and the iStockphoto Data ("iStockphoto IP"). Except for the license granted in paragraph 3, you have no right, title or interest in iStockphoto IP.
  6. Payment and Costs
    Although iStockphoto does not generally charge a fee for access to our API for non-commercial purposes, there are real costs associated with providing API access to you and for that reason certain requests for API access may be denied.
  7. WARRANTY DISCLAIMER
    THE APIs AND THE ISTOCKPHOTO DATA ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ISTOCKPHOTO DOES NOT REPRESENT OR WARRANT THAT THE APIs OR THE ISTOCKPHOTO DATA WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED, ACCURATE OR VIRUS OR ERROR FREE.
  8. LIMITATION OF LIABILITY
    YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE APIS AND THE ISTOCKPHOTO DATA INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEMS, LOSS OF DATA OR CLAIMS BY THIRD PARTIES. IN NO EVENT SHALL ISTOCKPHOTO OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS (THE "ISTOCKPHOTO GROUP") BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE API TERMS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN ANY EVENT, THE ISTOCKPHOTO GROUP'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR FOR ANY CAUSE OF ACTION RELATING TO THE APIs IN ANY WAY WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  9. Indemnification
    To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless the iStockphoto Group from and against all claims or liability asserted against iStockphoto by third parties arising out of or in connection with your negligence or any breach by you or anyone acting on your behalf of any of these API Terms of Use, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.
  10. Limited Relationship
    You and iStockphoto are independent contractors, and nothing in these API Terms of Use shall be construed as creating an employer-employee relationship, a partnership, or a joint venture.
  11. Privacy
    You must tell users of your application how you collect, use, store and disclose personal information and how cookies may be used with your application. You must disclose that iStockphoto logs all access to the API and may use this log data for our own business purposes provided we comply with our privacy policy. Your collection, use, storage and disclosure of personal information must be consistent with iStockphoto's privacy policy available at istockphoto.com.
  12. Term and Termination
    The term of these API Terms of Use shall start on the date we provide the API key to you and continue until terminated by either party (the "Term"). You or we can terminate these API Terms of Use at any time, for any reason, by telling the other party in writing. Upon termination (i) your license rights cease; (ii) you shall remove all references to iStockphoto from your website and/or application; and (iii) your API key is revoked. Without limiting the generality of paragraph 8, in the event of such termination by iStockphoto, iStockphoto shall not be liable to you for direct or indirect costs associated with development of your API application.
  13. Applicable law
    These API Terms of Use shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles). You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily.
  14. Waiver
    iStockphoto's failure to insist upon or enforce strict performance of any provision of these API Terms of Use shall not be construed as a waiver of any such provision or right.
  15. Enforceability
    If any provision or part thereof of these API Terms of Use is invalid or unenforceable it shall be replaced with a valid and enforceable provision that most closely reflects the intent of the original provisions and all other terms in these API Terms of Use will continue unaffected.
  16. Language
    The parties have requested that these API Terms of Use and all documents relating thereto be drawn up in English.
  17. Entire Agreement
    These API Terms of Use and your approved application constitute the entire agreement between you and iStockphoto with respect to API use.
  18. Miscellaneous
    Supplier agrees that it has had an opportunity to have independent legal assistance before agreeing to this Agreement. Any ambiguities in these API Terms of Use shall not be construed against the drafting party.