SANDBOX TERMS OF USE

This document governs the terms under which you are permitted to access and use the application programming interface that is made available by Rumblefish (the "API"), and the data transmitted through the API (the "Rumblefish Content"). 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"): (a) the Rumblefish Terms of Use (currently available at www.friendlymusic.com); (b) the Rumblefish Privacy Policy (currently available at www.friendlymusic.com); (c) the Rumblefish Branding Requirements (currently available at https://api.rumblefish.com/branding); and (d) the materials located at https://api.rumblefish.com/

By accessing or using the API or the Rumblefish Content, you agree to be bound by this API Agreement. If you access or use the Rumblefish API or Rumblefish 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 this API Agreement, do not access or use the API or Rumblefish 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.

1. Purpose

The API is made available by Rumblefish, Inc. ("Rumblefish") to assist you in your internal development and internal testing of new and imaginative applications that interoperate with the Rumblefish API and that compliment Rumblefish’s own services ("Permitted Purposes"). Without limitation, any use of the API that is competitive to or inconsistent with Rumblefish's own services, aggregates, in any way, any Rumblefish Content with third party content (without distinction) or fails to attribute the Rumblefish Content appropriately to Rumblefish is expressly not permitted. Rumblefish reserves the right to continually review and evaluate all uses of the API, and will determine whether specific uses of the API are Permitted Purposes or not permitted in its sole discretion. Rumblefish's failure to immediately terminate any user of the Rumblefish API for a non-permitted use shall in no way be construed as a waiver of its ability to terminate such user later or any other user. Rumblefish reserves the right to request information related to your use of any Rumblefish API and your compliance with this API Agreement. Failure to timely and completely respond to such request may result in termination.

2. Changes

Rumblefish reserves the right to modify or revise the API Agreement at any time in its sole discretion. You should visit the Rumblefish website periodically to review the documents comprising the API Agreement and check for updates. Your continued use of any Rumblefish API after the effective date of any such changes will constitute your acceptance of and agreement to such changes. If YOU DO NOT WISH TO BE BOUND TO ANY NEW TERMS, YOU MUST TERMINATE THE API AGREEMENT BY IMMEDIATELY CEASING USE OF THE API.

3. Registration

In order to access or use the API, you must first register for and receive an API Public Key ("Client ID"). You must provide complete and accurate information as part of the registration process. You are only allowed to register for and use one Client ID, unless otherwise permitted by Rumblefish in writing. By registering for a Client ID, you represent and warrant that you and/or the organization you represent only possess and use one Client ID, and that you have not previously had a Client ID suspended or terminated by Rumblefish. All queries sent to the API requesting data must reference your valid Client ID. You agree to keep your Client ID confidential and not to share it with any third party. In the event you lose your Client ID or learn that it has been used by an unauthorized person or in an unauthorized manner, you must notify Rumblefish immediately.

4. License

Subject to the terms of this API Agreement, Rumblefish grants you a non-exclusive, revocable, non-sublicensable, non-transferable license to (i) access and use the Rumblefish API and the Rumblefish Content solely to assist you in your development of applications that interoperate with the Rumblefish API and that are still in the development stage (such applications are, collectively, "Your Site"); (ii) display the Rumblefish Content on Your Site; and (iii) reproduce the Rumblefish names and logos (where same have been made available to you) (the "Rumblefish Brand Features") solely in order to comply with the Rumblefish Branding Requirements. Any use by you of Rumblefish Brand Features will inure to the benefit solely of Rumblefish. Notwithstanding anything to the contrary contained in this API Agreement, and, without limitation: (a) you may use the Rumblefish API and the Rumblefish Content for internal development and internal testing purposes only; and (b) no commercial use of the Rumblefish API, the Rumblefish Content, or the Rumblefish Brand Features is allowed under this API Agreement.

You may not use the API, Rumblefish Content, or Rumblefish Brand Features for any other purpose without Rumblefish’s prior written consent. These license rights are further limited by the restrictions set forth elsewhere in this API Agreement, and all rights not expressly granted to you hereunder are reserved by Rumblefish. You acknowledge and agree that Rumblefish may monitor Your Site in order to confirm compliance with the API Agreement and may request information at any time to support your compliance with this API Agreement. Should you fail to provide responsive information, or if Rumblefish, in its sole discretion, determines that you or Your Site are not complying with this API Agreement, Rumblefish may terminate your license and invalidate your Client ID with or without notice to you. If you wish to use the Rumblefish API for the purposes of beyond those which are allowed under this API Agreement, please contact Rumblefish at info@rumblefish.com.

5. Non-Permitted Purposes; API Restrictions

You agree that you will not, and will not assist or enable others to:

  1. Cache, record, pre-fetch, or otherwise store any portion of the Rumblefish Content, or attempt or provide a means to execute any "bulk download" operations;
  2. Modify the Rumblefish Content (except modifications to the Rumblefish landing page URL as required by Commission Junction or any other Rumblefish agent to facilitate tracking), or use it to update or create your own database of business listing information;
  3. Create or disclose metrics about, or perform any statistical analysis of, the API or Rumblefish Content;
  4. Use the API on behalf of any third party;
  5. Display Rumblefish Brand Features or Rumblefish Content in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and Rumblefish, other than your permitted use of the API under the terms of the API Agreement;
  6. Copy, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer or decompile (except to the limited extent expressly authorized under applicable statutory law), modify or alter any part of the API;
  7. Modify, rate, rank, review, vote or comment on, or otherwise respond to the Rumblefish Content;
  8. Use the API in a manner that impacts the stability of Rumblefish’s servers or impacts the behavior of other applications using the API;
  9. Display the Rumblefish Content on any site that disparages Rumblefish or its products or services, or infringes any Rumblefish intellectual property or other rights;
  10. Access the API to make more than 600 requests per minute from a single IP address or more than 2500 requests per minute referencing same Client ID (or exceed any other request limits established by Rumblefish from time to time in its sole discretion);
  11. Use the API to aggregate, consolidate or otherwise arrange, display or make available Rumblefish Content in combination with any third party or any Rumblefish competitors’ content, for any commercial purpose or in any manner that Rumblefish determines could diminish the value or integrity of its business or brand;
  12. Use the API or Rumblefish 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 Rumblefish’s sole discretion) to Rumblefish, its providers, its suppliers, end users of this website, or your end users;
  13. Use the API, Rumblefish Content or Rumblefish Brand Features in a manner that could reasonably be interpreted to suggest that Rumblefish is the author or entity that is responsible, in whole or in part, for the creation or development of any Rumblefish Content or that such Rumblefish Content represents the views of Rumblefish;
  14. Use the API or Rumblefish Content for unlawful purposes, or 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, or
  15. Use the API or Rumblefish Content to market to or Rumblefish customers from Rumblefish services.

6. Proprietary Rights

As between you and Rumblefish, any and every Rumblefish API, Rumblefish Content, Rumblefish Brand Features, and all intellectual property rights contained in the foregoing, are and will at all times remain the sole and exclusive property of Rumblefish 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 derived from or confusingly similar to those of Rumblefish Brand Features or Rumblefish Content, or will you buy or otherwise arrange to use any such domains to redirect internet content to Your Site.

7. Termination

Rumblefish reserves the right, in its sole discretion (for any reason or for no reason) and at any time without notice to you, 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, Rumblefish Brand Features and/or any Rumblefish 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 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, Rumblefish Brand Features and/or any Rumblefish Content; and you will promptly certify in writing to Rumblefish that such actions have been taken.

8. Indemnity

You agree that your use of the API is at your own risk and you agree to hold harmless, defend (subject to Rumblefish's right to participate with counsel it selects) and indemnify Rumblefish 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 your or your end users' use or implementation of the API or any Rumblefish Content. You will not agree to any settlement that imposes any obligation on Rumblefish without Rumblefish’s prior consent.

9. No Warranties; No Support

THE API, RUMBLEFISH BRAND FEATURES AND RUMBLEFISH CONTENT ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" WITHOUT WARRANTY, OF ANY KIND AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RUMBLEFISH DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND DUTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE API, RUMBLEFISH BRAND FEATURES AND ANY RUMBLEFISH 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, RUMBLEFISH DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE API OR ANY CLIENT ID 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 RUMBLEFISH WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE API AGREEMENT.

10. Limitation of Liability

THE API AND THE RUMBLEFISH CONTENT ARE BEING PROVIDED FREE OF CHARGE. ACCORDINGLY, YOU AGREE THAT RUMBLEFISH SHALL HAVE NO LIABILITY ARISING FROM OR BASED ON YOUR ACCESS TO AND USE OF THE API (OR RUMBLEFISH'S SUSPENSION OR TERMINATION OF SUCH ACCESS AND/OR USE) OR THE USE OF THE RUMBLEFISH CONTENT OR RUMBLEFISH BRAND FEATURES REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT SHALL RUMBLEFISH OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU 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 OF OR INABILITY TO USE THE API (OR YOUR USE OF OR INABILITY TO USE THE RUMBLEFISH CONTENT OR RUMBLEFISH BRAND FEATURES), EVEN IF RUMBLEFISH 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 RUMBLEFISH AND ITS SUCCESSORS. NOTWITHSTANDING THE FOREGOING, RUMBLEFISH'S MAXIMUM LIABILITY UNDER THIS API AGREEMENT SHALL NOT, IN ANY EVENT, EXCEED US$50.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES YOU AGREE THAT BECAUSE SUCH LIMITATIONS OF LIABILITY REFLECTS A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND RUMBLEFISH, AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RUMBLEFISH, RUMBLEFISH’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT RUMBLEFISH WOULD NOT BE ABLE TO OFFER ITS SERVICES TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THIS LIMITATION OF LIABILITY, AND WOULD NOT OFFER SUCH SERVICES ABSENT A LIMITATION OF LIABILITY.

11. Limited Relationship

Rumblefish and you are, and will remain, independent contractors, and nothing in this API Agreement will be construed as creating an employer-employee relationship, partnership or joint venture. Although you are permitted to make public statements concerning your use of the API, you agree not to make any statements, without the prior written consent of Rumblefish, implying a different kind of relationship between you and Rumblefish, including any express or implied endorsement of your content, products, or services by Rumblefish. You do not have any authority of any kind to bind Rumblefish in any respect whatsoever.

12. Miscellaneous

The API Agreement encompasses the entire agreement between you and Rumblefish regarding the subject matter discussed therein. Any disputes arising under the API Agreement and/or your use of the API will be governed by and construed under the laws of the State of Oregon without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Oregon, City of Portland. You also agree that, in the event of a breach of the API Agreement or your unauthorized use of the API, Rumblefish shall be entitled to obtain injunctive relief against you without the necessity of posting a bond. The failure of Rumblefish 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 Rumblefish’s prior written consent. Any attempt to do so is void. Rumblefish may assign the API Agreement, in whole or in part, at any time with or without notice to you. The section titles in the API Agreement are for convenience only and have no legal or contractual effect.

13. Survival

Sections 6, 8, 9, 10, 12 and this Section 13 will survive any expiration or termination of this API Agreement for any reason.

14. Contact and Violations

Please contact Rumblefish with any questions regarding the API Agreement. Please report any violations of the API Agreement to developers@rumblefish.com