Giant Bomb API These Terms and Conditions govern your access and use of the Whiskey Media API, the Giant Bomb API, and all other API's offered by them or affiliated websites (the "APIs"), as well as all data you access through the APIs (the "Data"). By accessing any API or using the Data, you are agreeing to these Terms and Conditions. If you have any objection to the Terms and Conditions, do not access the API or use the Data. 1. CONDITIONS TO USING THE APIS AND THE DATA. You may only use the APIs and the Data under these conditions: * Non-commercial use only. The APIs and the Data are for your personal, non-commercial use only. If you are running a business (which we define as making revenue, having employees, being incorporated or building a service with any intent to derive revenue directly or indirectly that includes references to our data), you may not access the APIs or use the Data without our express written permission. * Give credit where credit is due. Whenever you use the Data, include a link to our website with the following attribution: "Data created and powered by Giant Bomb" * No editing the Data. Neither you or your users may not edit or manipulate the Data. * Use on the Internet only. You may not distribute the Data through any medium other than the Internet. * No redistribution. You will not provide the Data to anyone and you will not permit anyone to copy the Data from your website. 2. GRANT OF LICENSE - Subject to your compliance with these Terms and Conditions, Whiskey Media grants you a non-exclusive, revocable, nonsublicensable, nontransferable license use of (a) the APIs solely for the purpose of downloading and accessing the Data made available through the APIs, and (b) the Data, in each case in compliance with these Terms and Conditions. You may not use the APIs for any other purpose (including without limit any commercial purpose) without Whiskey Media's prior written consent. 3. PROHIBITED USES. You will not use the APIs or the Data in connection with, or for the promotion of, activities, content or material that: * infringe the copyright, trademark, patent right or other proprietary right of any person or that is used without the permission of the owner; * you know to be inaccurate; * is pornographic, sexually explicit or obscene; * exploit children or minors; * violate the rights of privacy or publicity of any person; * are libelous, slanderous or defamatory ; * contain any personally identifying information about any person without their consent or about any person who is a minor; * may be deemed generally offensive to the site community, including blatant expressions of bigotry, prejudice, racism, hatred or profanity; * include advertisements, promotions, solicitations or offers to sell any goods or services for any commercial purpose or constitute or contain unsolicited emails ("spam"); * are illegal or promote or provide instructional information about illegal or illicit activities; * contain spyware, adware, software viruses or any other malicious computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment; * inferring any embargo; * constitute or promote hacking/surveillance/interception/descrambling equipment, * promote any of the following activities: theft, fireworks, explosives, and hazardous materials, government IDs, police items, gambling, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, weapons and accessories. 4. PROPRIETARY RIGHTS - As between you and Whiskey Media, the APIs and the Data and all intellectual property rights in and to the APIs and the Data are and shall at all times remain the sole and exclusive property of Whiskey Media and are protected by applicable intellectual property laws and treaties. 5. NO MODIFICAION OR REDISTRIBUTION - Except as expressly and unambiguously authorized under these Terms and Conditions, you may not (i) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized by applicable statutory law), modify or alter or create derivative works of any part of the APIs or the Data, or (ii) distribute the Data to any other person, allow any other person to retrieve or copy the Data in your possession, or otherwise use the APIs or the Data on behalf of any third party. These Terms and Conditions do not include any right for you to use any trademark, service mark, trade name or any other mark of Whiskey Media, any Whiskey Media website or any other party or licensor, other than to provide attribution for the data as set forth in Section 1. No rights or licenses are granted except as expressly and unambiguously set forth herein. If you violate any of the foregoing restrictions, Whiskey Media shall own all right, title and interest relating to any and all inventions, works of authorship, designs, know-how, ideas and information made or conceived or reduced to practice, in while or in part, using the APIs or the Data. You hereby agree to make all assignments necessary to accomplish the foregoing ownership. 6. WARRANTY DISCLAIMER - THE APIs AND THE DATA ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, WHISKEY MEDIA, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND VENDORS (THE "WHISKEY MEDIA PARTIES") EACH DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE APIs AND THE DATA, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, WHISKEY MEDIA DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE APIs OR THE DATA WILL BE UNINTERRUPTED OR ERROR FREE. 7. SUPPORT AND UPGRADES - These Terms and Conditions do not entitle you to any support for the APIs or the Data. 8. LIABILITY LIMITATION - IN NO EVENT WILL ANY WHISKEY MEDIA PARTY BE LIABLE TO YOU, YOUR SITE USERS OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE APIs, EVEN IF WHISKEY MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. THE WHISKEY MEDIA PARTIES' MAXIMUM AGGREGATE LIABLITY TO YOU ARISING OUT OF YOUR USE OF THE API OR THE DATA OR OUT OF THESE TERMS AND CONDITIONS SHALL NOT EXCEED $100. 9. INDEMNITY - You will indemnify and hold harmless the Whiskey Media Parties from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fees) arising from your breach of these Terms and Conditions or your use of the API or the Data. 10. CHANGES TO THESE TERMS Whiskey Media may change these Terms and Conditions at any time by posting the revised terms at this address. You should check these Terms and Conditions periodically for updates. Your continued use of the APIs or the Data after any change to these Terms and Conditions constitutes your acceptance of the updated Terms and Conditions. 11. DISPUTES You agree that the statutes and laws of the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the Program, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in Marin County in the State of California, USA. Both you and Whiskey Media consent to personal jurisdiction in such courts. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the API, the Data, the Terms and Conditions or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred. 12. GENERAL INFORMATION-These Terms and Conditions, the Privacy Policy and any applicable guidelines posted in the API documentation or on any Whiskey Media website govern your use of the API and the Data and constitute the entire agreement between you and Whiskey Media regarding your use of the Program. The failure of WhiskeyMedia to exercise or enforce any right or provision of this these Terms and Conditions does not constitute a waiver of that right or provision, and a waiver of any default is not a waiver of any subsequent default. If a court of competent jurisdiction finds any provision of these Terms and Conditions to be invalid, the provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the parties' original intentions as reflected in the provision, and that the other provisions of the Terms and Conditions remain in full force and effect. All headings in the Terms and Conditions are for convenience only and have no legal or contractual effect. We may send you any notices, including those regarding changes to this Terms and Conditions or the Privacy Policy or any breach of security involving your personally identifiable information, to the email address you provided when you registered for our site or the updated email address in your profile, to any mailing address that you provide us, or through any other reasonable means