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.

• You shall:
• Comply with the WHATAGOOBER Terms of Use .
• Comply with any requirements or restrictions imposed on usage of User Content by their respective owners. Remember, WHATAGOOBER doesn't own User Content - WHATAGOOBER users do. Although the WHATAGOOBER APIs can be used to provide you with access to User Content, neither WHATAGOOBER’s provision of the WHATAGOOBER APIs to you nor your use of the WHATAGOOBER APIs override User Content owners' requirements and restrictions, which may include "all rights reserved" notices, Creative Commons licenses or other terms and conditions that may be agreed upon between you and the owners. In ALL cases, you are solely responsible for making use of User Content in compliance with owners' requirements or restrictions.
• Comply with any other terms and conditions a user has attached to his or her User Content. For example, if a user marks a photo as "private" after using your service, your application must reflect those changes as soon as reasonably possible. If your application has any cached copies of User Content that has become "private," you must remove such User Content as soon as reasonably possible.
• Remove from your application within 24 hours any User Content or other information that the owner asks you to remove.
• Disclose in your application through a privacy policy or otherwise displayed in the footer of each page, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

• You shall not:
• Use the WHATAGOOBER APIs for any application that replicates or attempts to replace the essential user experience of the WHATAGOOBER apps
• Use the WHATAGOOBER APIs to spam, or otherwise harass users with unwanted likes, comments or other actions.
• Use the WHATAGOOBER APIs to post automated content to WHATAGOOBER, including likes and comments that were not initiated and entered by a WHATAGOOBER user
• Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use WHATAGOOBER APIs.
• Cache or store any User Content other than for reasonable periods in order to provide the service you are providing to WHATAGOOBER users
• Use the WHATAGOOBER APIs for any application that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code
• Use the WHATAGOOBER APIs in any manner or for any purpose that violates any law or regulation, or any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality
• Use WHATAGOOBER as a generic image hosting service for banner advertisements, graphics, etc.
• Use the WHATAGOOBER APIs in a manner that adversely impacts the stability of WHATAGOOBER apps. Further, we reserve the right to rate limit or block applications that make a large number of calls to the API that are not primarily in response to direct user actions.
• Sell, lease, or sublicense the WHATAGOOBER APIs or access thereto or derive revenues from the use or provision of the WHATAGOOBER APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.

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.
THE WHATAGOOBER APIs ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND WHATAGOOBER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.

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.