Last Updated: March 27, 2019
This document governs the terms under which you may access and use the application programming interface that is made available on this website or the JSON content feed if made available by Yelp, at Yelp’s sole discretion (both, collectively the “API”), the data transmitted through the API (the “Yelp Content”) and the payment to you for referrals from Your Site, as provided below. This document incorporates the terms of the following additional documents, including all future amendments or modifications thereto (collectively, and together with this document, the “API Agreement”):
By accessing or using the API or Yelp Content, you agree to be bound by this API Agreement. If you access or use the API or Yelp Content on behalf of a company, principal or other entity, you represent that you have authority to bind such entity and its affiliates to the API Agreement and that it is fully binding upon them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, or if you do not agree with the terms of the API Agreement, you may not access or use the API or Yelp Content. You should read and keep a copy of each component of the API Agreement for your records. In the event of a conflict among them, the terms of this document will control.
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of any third parties (including yours), (ii) we are under no obligation of confidentiality or attribution, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us, without charge in consideration for the use of the API, an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, commercialize, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Yelp and its users any claims and assertions of any moral rights contained in such Feedback. You will not give feedback that is subject to a license that requires Yelp to license its software or documentation to third parties because Yelp includes your feedback in them. The rights in this section survive this agreement.
The API is made available by Yelp Inc. (“Yelp”) to enable you to access and present Yelp Content to on your consumer-facing content distribution platform (i.e. non-commercial uses, as defined below), including but not limited to your website and mobile apps (“Your Site”) to visitors to Your Site (the “Users”). Yelp reserves the right to continually review and evaluate all uses of the API to ensure continuous compliance with these terms and Display Requirements.
Yelp reserves the right to modify the API Agreement at any time. If Yelp reasonably determines that a modification may materially and adversely impact You, Yelp will provide email notice to you using the email address you provided during registration no less than ten (10) days prior to the material adverse modification taking affect. IF YOU DO NOT WISH TO BE BOUND TO ANY NEW OR MODIFIED TERMS, YOU MUST TERMINATE THE API AGREEMENT BY CEASING USE OF THE API WITHIN TEN (10) DAYS OF RECEIPT OF SUCH NOTICE.
In order to access or use the API, you must first register for and receive a valid suite of OAuth consumer keys (also referred to as API Keys). You are only allowed to register for and use one (1) set of login credentials, unless Yelp provides the functionality to create and use multiple API keys and otherwise permitted by Yelp in writing, including via email. All queries sent to the API requesting data must reference your valid login credentials. You agree to keep your login credentials confidential and not to share them with any third party.
Subject to compliance with the terms set forth in the Display Requirements and elsewhere in the API Agreement, Yelp grants you, during the Term, a non-exclusive, revocable, non-sublicensable, non-transferable license in the Territory to (i) access and use the API to receive the Yelp Content; (ii) display the Yelp Content on Your Site; and (iii) reproduce and display the Yelp name and logo (the “Yelp Brand Features”) solely in order to comply with the Display Requirements.
You may not use the API, Yelp Content, or Yelp Brand Features for any other purpose without Yelp’s prior written consent. These license rights are further limited by the restrictions set forth elsewhere in the API Agreement, and all rights not expressly granted to you hereunder are reserved by Yelp. You acknowledge and agree that Yelp may monitor Your Site in order to confirm compliance with the API Agreement.
You agree that you will remove from display and destroy any Yelp Content within twenty-four (24) hours upon email or other written request from Yelp.
You agree that you will not, and will not assist or enable others to:
a. cache, record, pre-fetch, or otherwise store any portion of the Yelp Content for a period longer than twenty-four (24) hours from receipt of the Yelp Content, or attempt or provide a means to execute any scraping or “bulk download” operations, with the exception of using the Yelp Content to perform non-commercial analysis (as further explained below) or storing Yelp business IDs which you may use solely for back-end matching purposes;
b. modify the Yelp Content, or use it to update or create your own database of business listing information, unless such modification is for non-commercial analysis, as further explained below;
c. display or use Yelp user review ratings (numerical, star or any other representation of the Yelp user review rating calculation) alongside or in conjunction with other user-generated content (i.e. don’t use Yelp user review ratings for the benefit of a Yelp competitor);
d. create or disclose metrics about, or perform any analysis of the API, or use Yelp Content for any commercial purpose without the express written consent of Yelp (i.e. don’t sell any Yelp data or content whatsoever); for sake of clarity, in the event that you do receive explicit written consent from Yelp to create any metrics or perform any analysis of the API or Yelp Content for any commercial purpose, you agree not to disclose to any third party any such metrics or analyses related to or connected with the API or Yelp Content for at least three (3) years following termination of this API Agreement;
e. modify or remove the hyperlink contained within any Yelp Content that is provided in the API;
f. use the API on behalf of any third party;
g. use any geocodes provided in the Yelp Content for use or display in Open Street Maps or other open source map implementations where any geocodes would in any way be contributed to open source code or subject to open source licenses;
h. display Yelp Brand Features or Yelp Content in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and Yelp, other than your permitted use of the API under the terms of the API Agreement;
i. copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized under applicable statutory law), modify or alter any part of the API;
j. rate, rank, review, vote or comment on, or otherwise respond, or enable the response, to the Yelp Content;
k. use the API in a manner that impacts the stability of Yelp’s servers or impacts the behavior of other applications using the API;
l. remove applicable tracking parameters from any API calls, such as Google Analytics tracking tags;
m. display the Yelp Content on any site that disparages Yelp or its products or services, or infringes any Yelp intellectual property or other rights;
n. use the API or Yelp Content in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in Yelp’s sole discretion) to Yelp, its providers, its suppliers, end users of this website, or your end users, or use the API or Yelp Content with any commercial website or online service (including mobile apps) that is directed towards children under the age of 13 and collects, uses, or discloses information from such children;
o. use the API, Yelp Content or Yelp Brand Features in a manner that could reasonably be interpreted to suggest that Yelp is the author or entity that is responsible, in whole or in part, for the creation or development of any Yelp Content or that such Yelp Content represents the views of Yelp;
p. use the API or Yelp Content in connection with or to promote any products, services or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware and/or other malicious programs or code; counterfeit goods and/or items subject to U.S. embargo; unsolicited mass distributions of e-mail (“spam”), actions intended to mislead search engines into ranking some pages higher than they would otherwise deserve (“web spam”) multilevel marketing proposals, direct marketing and/or telemarketing activities; hate materials; libelous, defamatory, obscene, pornographic, abusive or otherwise offensive content; prostitution, body parts and/or bodily fluids; stolen products and/or items used for theft; hacking/surveillance/interception/descrambling equipment; fireworks, explosives and/or other hazardous materials; gambling; professional services regulated by state licensing regimes; and/or non-transferable items such as airline tickets, event tickets, weapons and/or weapons accessories; and
q. utilize URL shorteners or similar services which hide the end-user display of a clear and direct link to Yelp (i.e. http://bit.ly/2EzTEBc instead of https://www.yelp.com/biz/XXXXX?adjust_creative=-kDpCHzDpUQHxqgvJF2T6g&utm_campaign=yelp_api_v3&utm_medium=api_v3_business_lookup&utm_source=-kDpCHzDpUQHxqgvJF2T6g);
Allowable non-commercial use of the Yelp Content. Notwithstanding the foregoing, you may use the Yelp Content to perform certain analysis for non-commercial uses only, such as creating rich visualizations or exploring trends and correlations over time, so long as the underlying Yelp Content is only displayed in the aggregate as an analytical output, and not individually. For example, this is an acceptable non-commercial analytical use of the Yelp Content. “Non-commercial use” means any use of the Yelp Content which does not generate promotional or monetary value for the creator or the user, or such use does not gain economic value from the use of our content for the creator or user, i.e. you. If you are interested in commercial use of the Yelp Content, please visit knowledge.yelp.com.
6. PROPRIETARY RIGHTS
As between you and Yelp, the API, Yelp Content, Yelp Brand Features, and all intellectual property rights contained in the foregoing, are and will at all times remain the sole and exclusive property of Yelp and are protected by applicable intellectual property laws and treaties (whether those rights happen to be registered or not, and wherever in the world those rights may exist.). You agree that at no time during or after the termination of the API Agreement will you attempt to register any trademarks (including domain names) that are confusingly similar in any way to those of Yelp Brand Features or Yelp Content.
7. TERM AND TERMINATION
The term of this API Agreement shall continue in effect until it is terminated by either party as set forth in this Section 7 (the “Term”). Yelp reserves the right, in its sole discretion (for any reason or for no reason) and at any time without notice or liability, to change, suspend or discontinue the API and/or suspend or terminate your rights under the API Agreement to access, use and/or display (as applicable) the API, Yelp Brand Features and/or any Yelp Content. Any termination of the API Agreement will also immediately terminate the licenses granted to you hereunder. Such change, suspension or termination of the API may cause your existing services using the API to stop functioning properly. Upon any termination of the API Agreement, you will immediately cease use of the API and promptly delete and remove all calls to the API from all web pages, scripts, widgets, applications, and other software in your possession or under your control; promptly destroy and remove from all computers, hard drives, networks and other storage media all copies of the API, Yelp Brand Features and/or any Yelp Content; and you, upon Yelp’s request, will promptly certify in writing to Yelp that such actions have been taken.
You agree that your use of the API is at your own risk and you agree to hold harmless, defend (subject to Yelp’s right to participate with counsel it selects) and indemnify Yelp and its subsidiaries, affiliates, officers, agents, employees and suppliers from and against any and all claims, damages, liabilities, costs and fees (including reasonable attorneys’ fee) arising from, or in any way related to (i) your or your Users’ use or implementation of the API or any Yelp Content obtained from the API or (ii) any content on Your Site, including any statements, representations or warranties related to Yelp. You will not agree to any settlement that imposes any obligation on Yelp without Yelp’s prior consent.
9. NO WARRANTIES; NO SUPPORT
THE API, YELP BRAND FEATURES AND YELP CONTENT ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY, OF ANY KIND AND AT YOUR SOLE RISK. EXCEPT TO THE MAXIMUM EXTENT REQUIRED BY APPLICABLE LAW, YELP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND DUTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE API, YELP BRAND FEATURES AND ANY YELP CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, YELP DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE API WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THE API AGREEMENT DOES NOT ENTITLE YOU TO ANY SUPPORT FOR THE API. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM YELP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE API AGREEMENT.
10. LIMITATION OF LIABILITY
THE API IS BEING PROVIDED FREE OF CHARGE. ACCORDINGLY, YOU AGREE THAT YELP SHALL HAVE NO LIABILITY ARISING FROM, RELATING TO OR BASED ON YOUR USE OF THE API. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT SHALL YELP OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE (ACTIVE OR PASSIVE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS OR REVENUE, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE API, EVEN IF YELP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. ANY CLAIM ARISING OUT OF OR RELATING TO THE API AGREEMENT MUST BE BROUGHT WITHIN (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IF SUCH CLAIM IS NOT FILED, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS, AND TO YELP AND ITS SUCCESSORS. NOTWITHSTANDING THE FOREGOING, YELP’S MAXIMUM LIABILITY UNDER THIS API AGREEMENT SHALL NOT, IN ANY EVENT, EXCEED THE AGGREGATE AMOUNT OF US$100.00. THE LIMITATIONS OF LIABILITIES CONTAINED HEREIN WERE FACTORED INTO THE FEE STRUCTURE AND RISK ALLOCATION BETWEEN THE PARTIES AND FORM A MATERIAL PART OF THE BARGAIN.
11. LIMITED RELATIONSHIP
Yelp and you are, and will remain, independent contractors, and nothing in the API Agreement will be construed as creating an employer-employee relationship, partnership or joint venture. You do not have any authority of any kind to bind Yelp in any respect whatsoever.
You agree not to make any public statements about Yelp, information provided by Yelp’s API, or your relationship with Yelp under this agreement, without the prior written consent of Yelp, which Yelp may grant or withhold in its sole discretion. You further agree to not imply a different kind of relationship between you and Yelp, including any implied endorsement of your content, products, or services by Yelp.
12. CHOICE OF LAW AND ARBITRATION
(a) Any controversy or claim arising out of or relating to this API Agreement, or the breach thereof, (whether in contract, tort or statute) (“Claim”), shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will issue a ruling in writing, and will detail all findings of fact and law upon which the ruling was made. The arbitrator will not have the power to commit errors of law or legal reasoning, and the ruling may be vacated or corrected through judicial review by a court of competent jurisdiction under the California Arbitration Act.
(b) Claims shall be heard by a single arbitrator. Arbitrations will be held in San Francisco, California, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the substantive and procedural laws of the State of California. The award of the arbitrators shall be accompanied by a reasoned opinion. The prevailing party shall be entitled to an award of reasonable attorney fees for any action under these Terms.
(c) NOTWITHSTANDING THE FOREGOING, FOR ANY CLAIM THAT IS NOT SUBJECT TO ARBITRATION, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA, WHICH IS THE PLACE OF PERFORMANCE OF THIS ADVERTISING AGREEMENT.
(d) YOU AND YELP AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND YELP AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A CLAIM IMPLICATES THIS SUBSECTION, AND THIS SUBSECTION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT, SUCH CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.
The API Agreement encompasses the entire agreement between you and Yelp regarding the subject matter discussed therein. The failure of Yelp to exercise or enforce any right or provision of the API Agreement will not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of the API Agreement is found to be unenforceable or invalid, that provision will be replaced with terms that most closely match the intent of the provision that is not enforceable to the minimum extent necessary so that the remaining API Agreement will otherwise remain in full force and effect and enforceable. The API Agreement is not assignable, transferable or sublicensable, in whole or in part, by you except with Yelp’s prior written consent. Yelp may assign the API Agreement, in whole or in part, at any time with or without notice to you. Any attempt to do so is void. The section titles in the API Agreement are for convenience only and have no legal or contractual effect.
Sections 5, 6, 7, 8, 9, 10, 12, 13 and 14 will survive any expiration or termination of this API Agreement for any reason.
15. CONTACT AND VIOLATIONS
Please contact Yelp with any questions regarding the API Agreement. Please report any violations of the API Agreement here.