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.
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.
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
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.
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.
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.
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.
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.
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.
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.