API Terms of Service

(Updated 3 October 2013)

THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ IT CAREFULLY. BY OBTAINING AN API KEY, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS AS WELL AS THOSE OF OUR PRIVACY POLICY AND TERMS. IF YOU HAVE ANY QUESTIONS OR COMMENTS TO THIS AGREEMENT, PLEASE CONSULT YOUR ATTORNEY. YOU MAY ALSO CONTACT US AT api@thisismyjam.com PRIOR TO ACCEPTING THESE TERMS.

Grant of License

Subject to your (“Licensee’s”) full compliance with all of the terms and conditions of this API Agreement ("Agreement"), This Is My Jam LLC, a Delaware corporation (“Jam”), grants Licensee a non-exclusive, revocable, nonsublicensable, nontransferable license to use This Is My Jam’s application program interfaces, software, data provided by such application program interfaces and other materials provided by Jam at thisismyjam.com/developers and the results and proceeds thereof (collectively, including all data, referred to as “APIs”) solely to develop and distribute non-commercial applications that interoperate with the APIs for non-commercial purposes.

Licensee may not install or use the APIs for any other purpose without Jam’s prior written consent. Licensee shall not use the APIs in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of illegal activities or activities in conflict with established industry norms (to be determined at Jam’s sole reasonable discretion). Use of the APIs for purposes that support, encourage or induce copyright infringement is strictly prohibited.

Attribution Requirements

Licensee must reasonably display attribution on all embodiments and uses of the APIs, including, but not limited to Licensee’s web site in a manner consistent with the following guidelines: All uses of the APIs must reasonably display the Jam logo (available here) along with a link to www.thisismyjam.com using the standard linking format.

Other Restrictions

Except as expressly and unambiguously authorized under this Agreement, licensee may not (i) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized by applicable statutory law), modify, create derivative works from, or alter any part of the APIs, (ii) crawl, spider, index or in any way store information obtained from the APIs (except ephemeral copies in a cache pursuant to industry norms) or (iii) otherwise use the APIs on behalf of any third party. Jam reserves the right to make any and all alterations to the APIs and applicable service levels. This Agreement does not include any right for Licensee to use any trademark, service mark, trade name or any other mark of This Is My Jam or any other party or licensor except in accordance with attribution requirements herein. No rights or licenses are granted except as expressly and unambiguously set forth herein. Jam reserves all rights and causes of action in connection with any breach of this Agreement.

Proprietary Rights

As between Jam and Licensee, the APIs and all intellectual property rights in and to the APIs (including all data provided therein) are and shall at all times remain the sole and exclusive property of Jam and are protected by applicable intellectual property laws and treaties.

Warrant Disclaimer

THE APIs ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, This Is My Jam AND ITS PARTNERS EACH DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE APIs, 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, This Is My Jam DISCLAIMS ANY WARRANTY THAT LICENSEE'S USE OF THE APIs WILL BE UNINTERRUPTED OR ERROR FREE.

Suport & Upgrades

This Agreement does not entitle Licensee to any support for the APIs, unless Licensee makes separate arrangements with Jam in writing and meets all obligations under such separate arrangements. Any such support provided by Jam shall be subject to the terms of this Agreement.

Liability Limitation

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT WILL THIS IS MY JAM OR ITS PARTNERS, BE LIABLE TO LICENSEE OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE APIs, EVEN IF THIS IS MY JAM 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 THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. THE TOTAL LIABILITY OF THIS IS MY JAM FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY WARRANTIES THAT MAY NOT LEGALLY BE EXCLUDED, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APIS DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

Indemnity

Licensee agrees that Jam shall have no liability whatsoever for any use Licensee makes of the APIs. Licensee shall indemnify and hold harmless Jam from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys’ fees) arising from Licensee’s use of the APIs or for any breach of this Agreement and/or any of the representations and warranties made herein.

Term & Termination

This Agreement shall continue until terminated as set forth in this Section. Either party may terminate this Agreement at any time, for any reason, or for no reason including, but not limited to, if Licensee violates any provision of this Agreement. Any termination of this Agreement shall also terminate the license granted hereunder. Upon termination of this Agreement for any reason, Licensee shall destroy and remove from all computers, hard drives, networks, and other storage media all usage of the APIs, and shall so certify to This Is My Jam that such actions have occurred (including all cached ephemeral copies of API data). Sections 6 through 11 shall survive termination of this Agreement.

Updates

The Terms of this agreement may be modified from time to time. Your continued use of the API constitutes an acceptance of the modified terms. If you do not agree to be bound by this agreement, do not use the API. The date at which these terms were last modified is displayed at the top of this agreement.

Government use

If Licensee is part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the APIs are restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The APIs are a “commercial item”, “commercial computer software” and “commercial computer software documentation”. In accordance with such provisions, any use of the APIs by the Government shall be governed solely by the terms of this Agreement.

Export Controls

Licensee shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States or foreign agency or authority, and Licensee shall not export, or allow the export or re-export of the APIs in violation of any such restrictions, laws or regulations. By downloading or using the APIs, Licensee agrees to the foregoing and represents and warrants that Licensee is not located in, under the control of, or a national or resident of any restricted country.

Miscellaneous

This Agreement constitutes the entire agreement between Licensee and Jam pertaining to the subject matter hereof, and supersedes any and all written or oral agreements with respect to such subject matter. This Agreement, and any disputes arising from or relating to the interpretation thereof, shall be governed by and construed under Delaware law. Except to the extent otherwise determined by Jam, any action or proceeding arising from or relating to this Agreement must be brought in the Federal District of Delaware or in state court in Delaware and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding, waiving any objections to such venue, including forum non conveniens. The prevailing party in any action arising out of this Agreement shall be entitled to an award of its costs and attorneys’ fees. This Agreement may be amended only by a writing executed by This Is My Jam. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Jam to act with respect to a breach of this Agreement by Licensee or others does not constitute a waiver and shall not limit This Is My Jam’s rights with respect to such breach or any subsequent breaches. This Agreement is personal to Licensee and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control involving Licensee) without Jam’s prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. This Is My Jam expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder.