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By using the DiagramArt API (the “DiagramArt API”), You ("You", including “Your”) accept and agree to be bound by DiagramArt’s Terms and Conditions (the “DiagramArt Terms and Conditions”), as amended from time to time, as well as these API terms and conditions (the “Terms of Use”), as amended from time to time. If You disagree with any of these terms, DiagramArt does not grant You a license (as described below) to use the DiagramArt API. DiagramArt reserves the right to update and change the Terms of Use from time to time, without notice.

Section 1. Definitions

Unless otherwise defined herein, capitalized terms shall have the meanings given to such terms in the DiagramArt Terms and Conditions.

“Affiliate ID” means the unique identifier given by DiagramArt to each Member qualified to participate in the DiagramArt Affiliation Program.

“API” means Application Programming Interface.

“End User” means a user or consumer of a DiagramArt API Client.

“DiagramArt” means Diagram Website & API owned and operated by Synthetic Spheres Inc., and any of its affiliates or subsidiaries.

“DiagramArt Affiliation Program” means the Affiliation

“DiagramArt API Client” means any software, such as a website or application, that uses the DiagramArt API in any manner, either directly or indirectly.

“DiagramArt API Specifications” means all information and documentation that DiagramArt provides concerning the DiagramArt API.

“DiagramArt Brand Features” means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of DiagramArt.

“DiagramArt Digital Content Library” means DiagramArt’s database containing all of the Works that have been uploaded to DiagramArt.

“DiagramArt Price” means the current price charged by Synthetic Spheres on the DiagramArt Website for a Work.

“DiagramArt Website” means any and all websites owned and controlled by DiagramArt with the “DiagramArt” domain name.

“Third Party Author” means a Member that has uploaded Work(s) to the DiagramArt Digital Content Library and who owns the uploaded Work(s), including all intellectual property rights in such Work.

Section 2. Description of the DiagramArt API

2.1 The DiagramArt API

The DiagramArt API allows a DiagramArt API Client to query the DiagramArt Digital Content Library and display the results of such query. The DiagramArt API consists of three different subsets of APIs: the Partner API, and the Developer API.

2.2 The Partner API

The Partner API may be used by any Member that is qualified to participate in the DiagramArt Affiliation Program, to send a search query to the DiagramArt Digital Content Library and to display the results of such query, including the details about any retrieved Works, on its DiagramArt API Client. End Users are redirected to the DiagramArt Website for purchases.

2.3 The Developer API

The Developer API allows a Developer to create non-commercial DiagramArt API Clients, such as widgets, plugins, addons, extensions, web services, or other APIs, that allow End Users to query the DiagramArt Digital Content Library for details about Works.

2.5 Obtaining the DiagramArt API

(a) To obtain one of the two DiagramArt APIs, You must: (i) be a Member; (ii) request an API key in your member area. Your request must describe the purposes for which You intend to use the DiagramArt API and which key you need. If DiagramArt grants Your request for access to one of the DiagramArt APIs, a key (the “API Key”) that enables to access one of the DiagramArt APIs will be granted.

(b) DiagramArt reserves the right, in its sole discretion, to reject any request to use the DiagramArt API for any reason. DiagramArt shall not be liable for damages of any sort resulting from its decision to reject such a request.

Section 3. Licensed Uses and Restrictions

3.1 DiagramArt API License.

The DiagramArt API and the DiagramArt API Specifications (the “Licensed Materials”) are owned by DiagramArt and are licensed to You, on a worldwide, non-exclusive, non-sublicensable, non-transferable and revocable basis, on the terms and conditions set forth herein. These terms define the permissible use of the Licensed Materials, and of all updates, revisions, substitutions, and any copies of the Licensed Materials made by You or for You. All rights not expressly granted to You herein are reserved by DiagramArt.

3.2 General License Terms.

All users of the DiagramArt API agree to the following:

(a) You shall have a valid and active Membership Account that has not been terminated or suspended by DiagramArt pursuant to the DiagramArt Terms and Conditions.

(b) You agree that You are responsible for your own conduct and content while using the Licensed Materials and for any consequences thereof. You agree to use the Licensed Materials only for purposes that are legal, proper and in compliance with the DiagramArt Terms and Conditions, the Terms of Use, and any other applicable policies or guidelines. If You are an international user, You shall comply with Your own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or Your country of residence.

(c) You acknowledge that the Works are the property of DiagramArt or the Third Party Authors and are protected by intellectual property laws, including laws related to copyrights, trademark and other similar rights. You shall use Your best efforts to protect the Works to ensure that they cannot be copied, distributed, displayed or altered. You shall ensure that Third Party Authors’ names are visible on each Work displayed on Your DiagramArt API Client and are preceded by the copyright symbol (“©”).

(d) Any time a Membership Name and Membership Password are sent to DiagramArt through the DiagramArt API, You shall secure such data transfer using a minimum of 128 Bit SSL encryption.

(e) You shall not attempt to conceal Your identity or the identity of Your DiagramArt API Client when requesting authorization to use the DiagramArt API or at any other relevant time.

(f) You shall not use the Licensed Materials to develop a DiagramArt API Client that constitutes, promotes, or is used in connection with spyware, adware, other malicious programs or code.

(g) You shall not use the Licensed Materials in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.

(h) You shall not use the Licensed Materials in a manner that adversely impacts, interferes with, or disrupts the DiagramArt Website, DiagramArt servers, or the DiagramArt Digital Content Library, or use an unreasonable amount of bandwidth. DiagramArt reserves the right, at any time and without notice, to limit the number of queries sent by You via the DiagramArt API, both in the manner and in the amount of queries.

(i) You shall not sell, lease, or sell the Licensed Materials or access thereto. Except as expressly provided for in the Business API and the Partner API, You shall not derive any revenue from the use of the Licensed Materials.

(j) You shall not use any DiagramArt Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, certification or endorsement by DiagramArt, other than Your use of the DiagramArt API, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of, DiagramArt. You shall place the following disclaimer on Your DiagramArt API Client: “This product uses the DiagramArt API, but is not certified, endorsed or sponsored by DiagramArt. [Your Name] is not affiliated with or related to DiagramArt.”

(k) You shall not cache or store any Works or other data obtained via the DiagramArt API other than for reasonable periods.

(l) Your DiagramArt API Client shall not contain or transmit any viruses, worms, Trojan horses or other code with malicious or disruptive and/or destructive features.

(m) You shall not use the DiagramArt API to demonstrate a comparison between DiagramArt and its competitors in relation to pricing or any other aspect, or to otherwise promote the goods or services of any DiagramArt competitor.

3.3 Additional License Terms for Partner API.

All users of the Partner API also agree as follows:

(a) You shall not sell Works or allow Works to be downloaded from Your DiagramArt API Client. You shall use the Partner API solely to redirect End Users to the DiagramArt Website for such End Users to purchase or download Works. You shall not use the Partner API to illustrate or provide content to Your DiagramArt API Client.

(b) You shall only derive revenue from Your use of the Partner API through Your participation in the DiagramArt Affiliation Program. You shall not use the Partner API for any other commercial purpose and no fee shall be charged to End Users that use Your DiagramArt API Client.

(c) You shall only derive revenue from the Affiliation Program in accordance with its terms and conditions. You shall only receive payments under the Affiliation Program if the link redirecting the End User to the DiagramArt Website contains Your Affiliate ID in the manner described in the DiagramArt API Specifications.

(d) Your DiagramArt API Client shall display a link to the homepage of the DiagramArt Website at all times.

(e) Your DiagramArt API Client shall be publicly available and not require login or any other type of restricted access credentials.

3.4 Additional License Terms for the Developer API

All users of the Developer API also agree as follows:

(a) You shall use the Developer API solely for non-commercial purposes. If Your DiagramArt API Client derives revenue, or contemplates deriving revenue, it shall be considered a commercial use of the Developer API. DiagramArt reserves the right to be the sole arbiter of the commercial or non-commercial status of Your DiagramArt API Client and to monitor Your DiagramArt API Client for as long as it uses the Developer API in order to determine its commercial or non-commercial status. If You wish to use the Developer API for commercial purposes, You must seek the permission of DiagramArt by contacting DiagramArt at: support@DiagramArt.com.

(b) You shall not store, read or process any Membership Name and/or Membership Password of any End User. Such information shall be solely transmitted through the Developer API in a manner that is consistent with this Agreement and the DiagramArt API Specifications.

(c)With the exception of End Users’ Membership Names and Membership Passwords, Your DiagramArt API Client shall not ask for any other information from End Users.

Section 4. Modifications

DiagramArt reserves the right to release subsequent versions of the Licensed Materials and to require You to obtain and use the most recent version thereof.

Section 5. Support

DiagramArt may elect to provide You with support or modifications for the Licensed Materials (collectively, "Support"), in its sole discretion, and may terminate such Support at any time and without notice.

Section 6. Term and Termination

6.1 DiagramArt reserves the right to change, suspend, or discontinue all or any aspects of the Licensed Materials, including their availability at any time and without notice or liability.

6.2 The term of the Terms of Use shall commence on the date upon which You agree to the Terms of Use, and shall continue in force thereafter unless terminated as hereinafter provided.

6.3 DiagramArt may terminate the Terms of Use at any time and without notice, for any reason, or for no reason including, but not limited to: presentation of any action that reflects poorly on DiagramArt, or otherwise disparages the DiagramArt Brand and Features, or DiagramArt's reputation or goodwill.

6.4 Upon the termination of the Terms of Use, all license rights granted herein shall terminate, Your API Key shall be terminated, and You shall promptly remove the DiagramArt API from Your DiagramArt API Client.

6.5 In the event of any termination for any reason, Sections 6, 7, 8, 9, 10, 11, and 13 shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Use as provided herein.

Section 7. Indemnity

You agree to hold harmless and indemnify DiagramArt and its officers, agents, and employees from and against any third party claim arising from or in any way related to Your use of the Licensed Materials or violation of these Terms of Use, or any other actions connected with the use of DiagramArt’s 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, DiagramArt will provide You with written notice of such claim, suit or action.

Section 8. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE LICENSED MATERIALS IS AT YOUR SOLE RISK. THE LICENSED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIAGRAMART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) DIAGRAMART MAKES NO WARRANTY THAT (i) THE LICENSED MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) YOUR USE OF THE LICENSED MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY WORKS OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE USE OF LICENSED MATERIALS WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE LICENSED MATERIALS WILL BE CORRECTED.

(c) ANY WORKS OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LICENSED MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIAGRAMART SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Section 9. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIAGRAMART SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DIAGRAMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE LICENSED MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE USE OF THE LICENSED MATERIALS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH YOUR USE OF THE LICENSED MATERIALS; OR (v) ANY OTHER MATTER RELATING TO THE LICENSED MATERIALS.

Section 10. Exclusions and Limitations

TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 8 AND 9 MAY NOT APPLY TO YOU.

Section 11. Remedies

You acknowledge that Your breach of the Terms of Use and the license restrictions contained herein may cause irreparable harm to DiagramArt, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which DiagramArt may be legally entitled, DiagramArt shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of Your officers, employees, consultants or other agents.

Section 12. Publicity

You may not market or promote Your DiagramArt API Client, or make any public statements, including announcements or press releases, regarding Your DiagramArt API Client, except with the prior written permission of DiagramArt.

Section 13. General Provisions

13.1 Entire Agreement

These Terms of Use, together with the DiagramArt Terms and Conditions, constitute the entire agreement between You and DiagramArt and govern your use of the DiagramArt API.

13.2 Choice of Law and Forum

These Terms of Use shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and DiagramArt agree to submit to the personal and exclusive jurisdiction of the courts located within the Orange County, California.

13.3 Waiver and Severability of Terms

The failure of DiagramArt to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

13.4 Headings

The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.

13.5 Relationship of the Parties

Notwithstanding any provision hereof, for all purposes of these Terms of Use, You and DiagramArt shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of DiagramArt, express or implied, and You shall not attempt to bind DiagramArt to any contract.

13.6 Assignment

DiagramArt shall have the right, in its sole discretion, to assign any or all of its rights or obligations hereunder. You shall have no right to assign any of Your rights or obligation hereunder.

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