Thank you for using the Shaping Tomorrow application programming interfaces (the "Shaping Tomorrow APIs"). By using the Shaping Tomorrow APIs, you agree to the terms below. If you disagree with any of these terms, Shaping Tomorrow does not grant you a license to use the Shaping Tomorrow APIs. We reserve the right to update and change these terms from time to time without notice. You can always find the most recent version of these terms here.
Your license to the Shaping Tomorrow APIs under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the Shaping Tomorrow APIs. Shaping Tomorrow may terminate the license at any time for any reason. Your rights to use the Shaping Tomorrow APIs terminate automatically if (i) you violate any of these terms, (ii) Shaping Tomorrow publicly posts a written notice of termination on shapingtomorrow.com, (iii) Shaping Tomorrow sends a written notice of termination to you, or (iv) Shaping Tomorrow disables your access to the Shaping Tomorrow APIs.
The Shaping Tomorrow APIs are owned by Shaping Tomorrow 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 Shaping Tomorrow APIs, including all updates, revisions, substitutions, and any copies of the Shaping Tomorrow APIs made by or for you. Shaping Tomorrow user photos and videos ("User Content") are owned by the users and not by Shaping Tomorrow. All rights not expressly granted to you are reserved by Shaping Tomorrow.
You shall not:
Use of Shaping Tomorrow's brand assets (e.g., the Shaping Tomorrow name and logo) is governed by Shaping Tomorrow's Brand Guidelines, which are incorporated herein by reference.
The Shaping Tomorrow 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. Shaping Tomorrow's rights apply to the Shaping Tomorrow APIs and all output and executables of the Shaping Tomorrow APIs, excluding any software components developed by you which do not themselves incorporate the Shaping Tomorrow APIs or any output or executables of the Shaping Tomorrow 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. Shaping Tomorrow owns all rights, title, and interest in and to the Shaping Tomorrow APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Shaping Tomorrow, including (but not limited to) the Shaping Tomorrow APIs and Shaping Tomorrow trademarks.
Shaping Tomorrow may elect to provide you with support or modifications for the Shaping Tomorrow APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Shaping Tomorrow may change, suspend, or discontinue any aspect of the Shaping Tomorrow APIs at any time, including the availability of any Shaping Tomorrow APIs. Shaping Tomorrow may also impose limits on certain features and services or restrict your access to parts or all of the Shaping Tomorrow APIs or the Shaping Tomorrow Web site without notice or liability.
Shaping Tomorrow is committed to free and open access to our APIs for non-commercial purposes. However, providing the APIs does have real costs for Shaping Tomorrow. For uses of Shaping Tomorrow APIs over a certain rate or for certain types of commercial applications, Shaping Tomorrow reserves the right to charge fees for future use of or access to the Shaping Tomorrow APIs.
Some of the Shaping Tomorrow APIs may be experimental and not tested in any manner. Shaping Tomorrow does not represent or warrant that any Shaping Tomorrow APIs are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid.
The Shaping Tomorrow APIs are provided "as is" with no warranty, express or implied, of any kind and Shaping Tomorrow 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 Shaping Tomorrow APIs is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any Shaping Tomorrow APIs including, but not limited to, any damage to your computer system or loss of data.
Shaping Tomorrow 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 Shaping Tomorrow 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 Shaping Tomorrow has been advised of the possibility of such damages. Under no circumstances shall Shaping Tomorrow be liable to you for any amount.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 6 and 7 may not apply to you.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Shaping Tomorrow, 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 Shaping Tomorrow 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 Shaping Tomorrow 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 Shaping Tomorrow 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. Shaping Tomorrow shall use good faith efforts to provide you with written notice of such claim, suit or action.