Thank you for using the WineFetch Web APIs™ service. By using this
service ("WineFetch Web APIs") you agree to be bound by the following
terms and conditions (the "Terms and Conditions").
Personal and legitimate uses only
The WineFetch Web APIs service is made available to you for your personal,
non-commercial use only (at home or at work). You may only create a single
account and must provide accurate identification, contact, and other
information required as part of the registration process. You may not create
any script or other automated tool that attempts to create multiple WineFetch
Web APIs accounts. And you may not use the search results provided by the
WineFetch Web APIs service with an existing product or service that competes
with products or services offered by WineFetch.
If you are interested in doing anything different than the foregoing,
you must first obtain WineFetch's written consent. If you fail to do so,
WineFetch reserves the right to take legal action.
Furthermore, you may not use WineFetch Web APIs in any manner that either
directly or indirectly violates any laws or proprietary rights. This includes
laws and proprietary rights in the United States as well as in other countries.
If you have questions on your contemplated use or if you have comments
on WineFetch Web APIs or ideas on how to improve it, please email wine-rss@winefetch.com.
Please note that by doing so, you also grant WineFetch permission to use
and incorporate your ideas or comments into WineFetch Web APIs without further
compensation.
Intellectual property
You agree not to remove, obscure, or alter WineFetch's copyright notice,
trademarks, or other proprietary rights notices affixed to or contained
within WineFetch Web APIs. You also acknowledge that WineFetch owns all right,
title and interest in and to WineFetch Web APIs, including without limitation
all intellectual property rights (the "WineFetch Rights"). The
WineFetch Rights include rights to the following: (1) the APIs developed
and provided by WineFetch, (2) all software associated with the WineFetch Web
APIs server, and (3) the search results and spell checking you obtain
when you use WineFetch Web APIs. The WineFetch Rights do not include the following:
(1) third-party components used as part of WineFetch Web APIs; or (2) software
developed by you in conjunction with using WineFetch Web APIs.
Publicity
So long as you comply with your obligations under this Agreement, you
may indicate that a product or service that you created either used or
is based on WineFetch Web APIs provided that those products or services do
not in WineFetch's reasonable opinion (1) tarnish, infringe, or dilute WineFetch's
trademarks, (2) violate any applicable law, and (3) infringe any third-party
rights. If you wish to use the WineFetch trademark and/or logo in any other
manner, you must first obtain WineFetch's written consent.
Disclaimer of warranties
The WineFetch Web APIs service is currently in beta form and has not been
fully tested or debugged. Accordingly, WineFetch disclaims any responsibility
for any harm resulting from your use of WineFetch Web APIs.
The WineFetch Web APIs service is provided "as is," with no warranties
whatsoever. WineFetch expressly disclaims to the fullest extent permitted
by law all express, implied, and statutory warranties, including, without
limitation, the warranties of merchantability, fitness for a particular
purpose, and non-infringement of proprietary rights. WineFetch disclaims
any warranties regarding the security, reliability, timeliness, availability,
and performance of WineFetch Web APIs.
You understand and agree that you use WineFetch Web APIs at your own discretion
and risk and that you will be solely responsible for any damages to your
computer system or loss of data that results from the download or use
of WineFetch Web APIs.
Some states or other jurisdictions do not allow the exclusion of implied
warranties, so the above exclusions may not apply to you. You may also
have other rights that vary from state to state and jurisdiction to jurisdiction.
Limitation of liability
The WineFetch Web APIs service is being provided free of charge. Accordingly,
you agree that WineFetch shall have no liability arising from or based on
your use of WineFetch Web APIs.
Under no circumstances shall WineFetch be liable to any user on account
of that user's use or misuse of WineFetch Web APIs. Such limitation of liability
shall apply to prevent recovery of direct, indirect, incidental, consequential,
special, exemplary, and punitive damages whether such claim is based on
warranty, contract, tort (including negligence), or otherwise, even if
WineFetch has been advised of the possibility of such damages). Such limitation
of liability shall apply whether the damages arise from use or misuse
of and reliance on the WineFetch Web APIs, from inability to use WineFetch Web
APIs, or from the interruption, suspension, or termination of WineFetch Web
APIs (including such damages incurred by third parties). Such limitation
shall apply notwithstanding a failure of essential purpose of any limited
remedy and to the fullest extent permitted by law.
Some states or other jurisdictions do not allow the exclusion or limitation
of liability for incidental or consequential damages, so the above limitations
and exclusions may not apply to you.
Indemnification
You hereby agree to indemnify, defend and hold WineFetch, and its officers,
directors, agents, licensors and licensees (collectively, the "Indemnified
Parties") harmless from and against any and all liability and costs
incurred by the Indemnified Parties in connection with any claim arising
out of your use of WineFetch Web APIs, including, without limitation, reasonable
attorneys' fees. You shall cooperate as fully as reasonably required in
the defense of any claim. WineFetch reserves the right, at its own expense,
to assume the exclusive defense and control of any matter subject to indemnification
by you.
WineFetch's search service
The WineFetch Web APIs service is designed to be used in conjunction with
WineFetch's search services. Accordingly, your use of WineFetch Web APIs is
also defined by WineFetch's Terms of Service and Privacy Policy. In the event
of a conflict between these Terms and Conditions and WineFetch's Terms of
Service, these Terms and Conditions shall prevail.
Term and termination
If you wish to terminate this Agreement, you may simply cease using the
WineFetch Web APIs service. In such a case, you must delete any search result
information that you may have obtained from the WineFetch Web APIs service.
WineFetch may terminate this Agreement (and your account) at any time, with
or without cause.
General provisions
These Terms and Conditions will be governed by and construed in accordance
with the laws of the State of California, without giving effect to the
conflict of laws or provisions of California or your actual state or country
of residence. Any dispute arising from these Terms and Conditions shall
be adjudicated in the federal or state courts located in Santa Clara County,
California. If for any reason a court of competent jurisdiction finds
any provision or portion of these Terms and Conditions to be unenforceable,
the remainder of these Terms and Conditions will continue in full force
and effect. These Terms and Conditions constitute the entire agreement
between the parties with respect to the subject matter hereof and supersede
and replace all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter. Any waiver of any provision
of these Terms and Conditions will be effective only if in writing and
signed by WineFetch.
