API Terms of Use

Thank you for using the WHATAGOOBER application programming interfaces (the "WHATAGOOBER APIs"). By using the WHATAGOOBER APIs, you agree to the terms below. If you disagree with any of these terms, WHATAGOOBER does not grant you a license to use the WHATAGOOBER APIs. We reserve the right to update and change these terms from time to time without notice.

Your license to the WHATAGOOBER APIs is under these terms and conditions only and continues until it is terminated by you or WHATAGOOBER. You may terminate the license by discontinuing use of all or any of the WHATAGOOBER APIs. WHATAGOOBER may terminate the license at any time for any reason. Your rights to use the WHATAGOOBER APIs terminate automatically if (i) you violate any of these terms, (ii) WHATAGOOBER sends a written notice of termination to you, (iii) WHATAGOOBER disables your access to the WHATAGOOBER APIs, or (iv) you violate any of the Terms of Use.

1. Licensed Uses and Restrictions.

The WHATAGOOBER APIs are owned by WHATAGOOBER and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These terms define legal use of the WHATAGOOBER APIs, including all updates, revisions, substitutions, and any copies of the WHATAGOOBER APIs made by or for you. WHATAGOOBER user photos, text, and videos ("User Content") are owned by the users and not by WHATAGOOBER. All rights not expressly granted to you are reserved by WHATAGOOBER.

2. Brand Assets.

Use of WHATAGOOBER 's brand assets (e.g., the WHATAGOOBER name and logo) must be negotiated with WHATAGOOBER directly and cannot be used until express written permission is provided to you by WHATAGOOBER

3. Ownership and Relationship of Parties.

The WHATAGOOBER APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. WHATAGOOBER 's rights apply to the WHATAGOOBER APIs and all output and executables of the WHATAGOOBER APIs, excluding any software components developed by you which do not themselves incorporate the WHATAGOOBER APIs or any output or executables of the WHATAGOOBER APIs. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. WHATAGOOBER owns all rights, title, and interest in and to the WHATAGOOBER APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by WHATAGOOBER, including (but not limited to) the WHATAGOOBER APIs and WHATAGOOBER trademarks.

4. Support.

WHATAGOOBER may elect to provide you with support or modifications for the WHATAGOOBER APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. WHATAGOOBER may change, suspend, or discontinue any aspect of the WHATAGOOBER APIs at any time, including the availability of any WHATAGOOBER APIs. WHATAGOOBER may also impose limits on certain features and services or restrict your access to parts or all of the WHATAGOOBER APIs without notice or liability.

5. Fees and Payments.

For uses of WHATAGOOBER APIs over a certain rate or for certain types of commercial applications, WHATAGOOBER reserves the right to charge fees for future use of or access to the WHATAGOOBER APIs.

6. Disclaimer of Any Warranty.

Some of the WHATAGOOBER APIs may be experimental and not tested in any manner. WHATAGOOBER does not represent or warrant that any WHATAGOOBER APIs are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid.

Your use of the WHATAGOOBER APIs is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any WHATAGOOBER APIs including, but not limited to, any damage to your computer system or loss of data.

7. Limitation of Liability.

WHATAGOOBER shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the WHATAGOOBER APIs, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not WHATAGOOBER has been advised of the possibility of such damages. Under no circumstances shall WHATAGOOBER be liable to you for any amount.

8. Release and Waiver.

To the maximum extent permitted by applicable law, you hereby release and waive all claims against WHATAGOOBER, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the WHATAGOOBER APIs. If you are a California resident, you waive your rights under California Civil Code 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

9. Hold Harmless and Indemnity.

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify WHATAGOOBER and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the WHATAGOOBER APIs, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. WHATAGOOBER shall use good faith efforts to provide you with written notice of such claim, suit or action.

10. General Terms.

Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the API Terms of Use, you and WHATAGOOBER shall be and act independently and not as partner, joint venture, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of WHATAGOOBER, express or implied, and you shall not attempt to bind WHATAGOOBER to any contract.

These Terms of Use are governed by and construed in accordance with the laws of the State of TEXAS, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to these API Terms of Use, you agree to resolve any dispute you have with WHATAGOOBER exclusively in a state or federal court located in Houston, Texas, and to submit to the personal jurisdiction and venue of the courts located in Harris County for the purpose of litigating all such disputes.

Invalidity of Specific Terms. If any provision of the API Terms of Use 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 that the other provisions remain in full force and effect.

No Waiver of Rights by WHATAGOOBER. WHATAGOOBER 's failure to exercise or enforce any right or provision of the API Terms of Use shall not constitute a waiver of such right or provision.

Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the API Terms of Use. Any construction or interpretation to be made of the API Terms of Use shall not be construed against the drafter. The API Terms of Use constitute the entire agreement between WHATAGOOBER and you with respect to the subject matter hereof.