Jott API and Jott Links Terms of Use

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This document sets forth the terms on which Jott Networks, Inc. ("Jott") makes the Jott Links and Jott Links API (hereafter referred to as the Jott API) available for use by approved licensees on other Web sites. By accessing or using the Jott API, you and the organization identified in your application for the Jott API ("you") agree to be bound by the following terms of use ("API Terms of Use").

The following terms apply to the Jott.com API (defined below)..

  1. Jott API.
    The "Jott API" consists of multiple application program interfaces for creating and retrieving Jott Data, including "jotts" and data regarding jotts. Licensees may use the Jott API to make certain services offered by Jott (the "Jott Services") available to its end users of approved Web sites. The Jott API is further defined on the developer information page (http://jott.com/jott/developers.html) on the Jott.com Web site (the "Site). Use of the Jott Services is subject to the Jott.com Terms of Use, which is also available on the Site (the "Jott Service Terms of Use). From time to time, Jott may release subsequent versions of the Jott API and will require you to obtain and use the most recent version. New versions may not be compatible with your previous implementation. Jott will identify the most current releases at http://jott.com/jott/developers.html.
  2. Fee Structure.
    The use of the Jott Services and Jott Data provided by the Jott API may carry the same fee structure, or a different fee structure, which can change from time to time, as that offered through the Site. In no way does the API license grant you a right to circumvent, or allow or assist other users to circumvent, any public fee structure or revenue source that might exist through the Site or otherwise. Use of the Jott API in no way authorizes you to change or restrict the e-mail communications from Jott to its subscribers including but not limited to communications with embedded advertising.
  3. License to Jott API & Data.
    If you agree to these terms, you may access the Jott API, implement the Jott API on your approved Web site(s), and distribute Jott Data to customers for their use on your approved Web site(s), solely in accordance with these API Terms of Use and the Jott Branding Requirements as modified from time to time.

    4. This license is nonexclusive and nontransferable and is subject to the following restrictions:

    • You agree that you will provide the Jott Data to users on "as is" terms, with disclaimers substantially for the benefit of Jott equivalent to those set forth in Sections 8 and 9.
    • You agree to keep your Jott Authentication Methods confidential, and not to share them with any third party. This license is personal to you, and any other affiliates must seek and obtain their own license and Jott Authentication Methods. This obligation will survive any termination of the license granted under these API Terms of Use or your use of the Jott API.
    • You may not retain any copies of the Jott Data. You may not use or disclose the Jott Data except to make direct server calls to Jott.com for the Jott Data and to distribute the Jott Data to your end user on your Web site(s), immediately upon receipt by your servers.
    • You may not present the Jott Data (or permit the Jott Data to be presented) so that it appears to be available from a third party Web site that is not Jott.com. All Jott Data presentation must follow the Jott Branding guidelines. Go to branding guidelines at http://jott.com/jott/developers.html for complete details.
    • You further agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Jott API or any data provided by Jott.
    • From time to time, Jott may limit the number of calls allowed per day to the API and may change such limit at any time. At this point, our limit is 500 calls/day. If you believe you require more than that, please write us at Jottlinks(at sign)jott.com.
    • If you become aware that any user of your implementation is in material breach of these API Terms of Use, any provisions you are required to offer under these API Terms of Use, or the Jott Services Terms of Use and the Jott API Branding Requirements (the "Applicable Terms"), then you agree to notify Jott promptly of such breach by e-mail to Jottlinks(at sign)jott.com, and to take prompt commercially reasonable corrective action at your expense to remedy such breach. In addition, upon request of Jott, you will either (a) use commercially reasonable efforts to obtain such equitable relief to prevent harm to Jott or its licensors, or (b) assign any of your applicable rights to permit Jott or the applicable licensor to seek such equitable relief. Your obligations to report and enforce the Applicable Terms will survive termination of these API Terms of Use or your use of the Jott API.
  1. Jott Branding and Contact Information.
    You agree to implement the Jott name, logo(s), branding, links and contact information, including phone numbers, SMS addresses and email addresses associated with Jott (the "Jott Brand & Contacts") on any Web page incorporating the Jott API and/or Jott Data, in accordance with the Jott API Branding Requirements, which might change from time to time. You are permitted to use the Jott name, logo(s) and other trademarks and service marks (the" Jott Marks") solely to refer to Jott as the provider of the Jott Services and only as required by, and in accordance with, the Jott Branding Requirements, which may be revised by Jott from time to time . You may not use such Jott Marks in a trademark manner applicable to your own products and services. All use of the Jott Mark, and all goodwill associated therewith, shall inure solely to the benefit of Jott.
  2. Acceptable Use.
    You agree not to use the Jott API, Jott Data, or Jott Brand & Contacts in any manner, or in connection with any product, service or application, that is unlawful, misleading, or inappropriate or that harms or violates any rights of Jott its users, service providers, or suppliers, your end users, or any other person or entity. Further, pursuant to Section 12 below, Jott may terminate your use of the Jott API, Jott Data and Jott Brand & Contacts at any time if and when Jott, in its sole discretion, determines that your use is inappropriate or otherwise objectionable to Jott for any reason.
  3. Limited Relationship.
    You and Jott are independent contractors, and nothing in these API Terms of Use shall be construed as creating an employer-employee relationship, a partnership, or a joint venture. While you may publicly refer to the fact that you have implemented the Jott API, you agree not make any other public statements that assert or imply any other relationship with Jott, unless you have Jott's prior written approval.
  4. Indemnity.
    You agree to hold harmless, defend and indemnify Jott, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users' use of the Jott Service, the Jott API or Jott Data, use of Jott Brand & Contacts, violation of these API Terms of Use or other actions connected with use of Jott Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Jott will provide you with written notice of such claim, suit or action.
  5. NO WARRANTY.
    JOTT PROVIDES THE JOTT API, JOTT DATA, JOTT SERVICE, AND JOTT BRAND & CONTACTS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOTT AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. JOTT AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
  6. LIABILITY LIMITATION; EXCLUSIVE REMEDY.
    IN NO EVENT WILL JOTT OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE API TERMS OF USE OR YOUR USE OF JOTT API, JOTT DATA, JOTT SERVICE, OR JOTT BRAND & CONTACTS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE API TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST JOTT OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE JOTT SERVICES, JOTT API, JOTT DATA OR JOTT BRAND & CONTACTS. THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE JOTT API, JOTT DATA, JOTT SERVICE, AND JOTT BRAND & CONTACTS.
  7. Intellectual Property.
    The JOTT API, JOTT Data, the Jott Service, and JOTT Brand & CONTACTS are the property of Jott, and subject to the intellectual property rights of Jott and its licensors. (c) 2007 Jott Networks, Inc.. All rights reserved.
  8. Changes.
    Jott reserves the right to change the API Terms of Use and the Jott Branding Requirements, and you are responsible for regularly reviewing these API Terms of Use and the Jott API Branding Requirements. Your continued use of the Jott API and/or Jott Data after the effective date of such changes will constitute acceptance of and agreement to any such changes. Jott may suspend or discontinue the Jott Services at any time to you and/or to others, without notice.
  9. Termination.
    Jott may change, suspend or discontinue the Jott API and suspend or terminate your use of the Jott API, Jott Data, Jott Services, and/or Jott Brand & Contacts at any time for any reason, without notice. You may also terminate by ceasing to use the Jott API, Jott Data, Jott Services and Jott Brand & Contacts, removing implementation of the Jott API from your Web site(s), and deleting all copies of the Jott Data and Jott Brand & Contacts.
  10. Choice of Law; Disputes.
    These API Terms of Use are governed by the laws of the State of Washington, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in King County, Washington, for any and all disputes, claims and actions arising from or in connection with the Jott Services and/or these API Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.
  11. General.
    You represent that you have the authority to bind the organization (if any) identified in your application for the Jott API. You agree not to export from anywhere any part of the Jott API, Jott Data, or Jott Brand & Contacts provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. If provided to the U.S. government, the Jott API, Jott Data, or Jott Brand & Contacts are provided with the commercial license rights described herein. If any part of these API Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these API Terms of Use will continue in effect. The section titles in these API Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Jott may assign these API Terms of Use, in whole or in part, at any time with or without notice to you. You may not transfer, assign, or delegate the API Terms of Use and your Jott Authentication Methods to any third party. Jott's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these API Terms of Use constitute the entire agreement between you and Jott with respect to the Jott Services, the Jott API, the Jott Data, and the Jott Brand & Contacts and supersede all prior or contemporaneous communications of any kind between you and Jott with respect to the Jott Services, Jott API, Jott Data, and Jott Brand & Contacts.
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