Web Resizer - API Terms

Licence Agreement

1. Introduction

API shall be taken to mean (A) the source code provided as part of the webresizer API client and any data transmitted; and (B) the webresizer server (webresizer.com) including all source files and any data transmitted.

Contributor means any party including affiliates that has contributed either directly or indirectly to the development and availability of the API.

Webresizer means any directors, officers, employees and agents of Webresizer.com and SiteSpace ABN: 28 911 462 894.

2. Accepting this License Agreement

In order to use the API, You must first agree to this License Agreement. You may not use the API if You do not accept this License Agreement.

You can accept this License Agreement by:

(A) requesting an API key from Webresizer; or

(B) by actually using the API. In this case, You agree that use of the API constitutes acceptance of the Licensing Agreement from that point onwards.

3. Terminating this License Agreement

If You want to terminate this License Agreement, You may do so by ceasing your use of the API.

4. Disclaimer Of Warranties

You expressly understand and agree that Your use of the API is at Your sole risk and that the API is provided "as is" and "as available" without warranty of any kind from Webresizer or any Contributors.

Your use of the API and any material downloaded or otherwise obtained through the use of the API is at Your own discretion and risk and You are solely responsible for any damage to Your computer system or other device or loss of data that results from such use.

Webresizer and every Contributor further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

5. Limitation of Liability

In no event unless required by applicable law or agreed to in writing will any copyright holder, or any other party who modifies and/or conveys the program as permitted above, be liable to You for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the program (including but not limited to loss of data or data being rendered inaccurate or losses sustained by You or third parties or a failure of the program to operate with any other programs), even if such holder or other party has been advised of the possibility of such damages.

6. Indemnification

To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless Webresizer, any Contributor and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) Your use of the API, (b) any application You develop on the API that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, and (c) any non-compliance by You with this License Agreement.

You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of the API. However, You may do so only on Your own behalf, and not on behalf of Webresizer or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify Webresizer and every Contributor for any liability incurred by Webresizer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.