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API Terms of Use

1. ACCEPTANCE OF TERMS

Zipster provides information and application program interface (referred to hereafter as the "Zipster API" or "API") subject to the following Terms of Use ("Terms"), which may be updated by Zipster from time to time without notice to you.

By using the Zipster API in any way, you and, if applicable, the company you represent (collectively, "you") are agreeing to comply with these Terms.

2. GRANT OF LICENSE

Subject to the terms and conditions in these Terms, Zipster grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the API for the purpose of developing software application(s) or website(s) (your "Application," which includes all components and content thereof) and making the same available to the public. You have no right to distribute or allow access to the stand-alone API.

3. RESTRICTIONS

You must not use the API in any manner that is not expressly authorised in these Terms. Without limiting the foregoing, you may not:

1. make service calls via the API to an extent that would adversely impact, in Zipster's sole discretion, Zipster's servers or make calls that could reasonably have been avoided;
2. modify, edit, disassemble, decompile or reverse-engineer the API;
3. use the API for any illegal or unauthorised purpose;
4. use the API in a manner that could be considered defamatory of third parties, obscene, malicious or discriminatory in any way, including but not limited to race, disability, sex, sexual orientation or religion; or
5. use the API in a manner that infringes any intellectual property or other right of Zipster or any third party, including without limitation, any right of privacy, publicity, copyright, trade mark, patent or contractual right.

Without limiting other restriction in these Terms, you agree that the API may not be used to offer or promote services that are damaging to, disparaging of, or otherwise detrimental to Netflix or its licensors, licensees, affiliates and partners.

Zipster expressly reserves the right to limit the number and/or frequency of network calls that your Application may make via the API in its sole discretion.

4. PROPRIETARY RIGHTS

The API and all intellectual property rights in and to the API are and shall at all times remain the sole and exclusive property of Zipster and are protected by applicable intellectual property laws and treaties.

5. TERMINATION OF SERVICE

These Terms shall continue until terminated as set forth in this Section. Either party may terminate these Terms at any time, for any reason, or for no reason including, but not limited to, if you violate any provision of these Terms. Any termination of these Terms shall also terminate the license granted hereunder. Upon termination of these Terms for any reason, you shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the API, and shall so certify to Zipster that such actions have occurred.

6. DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY

You understand and agree that:

• Zipster disclaims all warranties of any kind, whether express or implied.
• The API is provided on an "as is" and "as available" basis, and you should not rely upon it.
• Your use of the API is at your sole risk, and Zipster shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages (even if Zipster has been advised of the possibility of such damages), resulting from any aspect of your use of or interaction with the API.
• Any warranty not set forth in this Terms document, including any set forth by Zipster employees, will be invalid.
• If any of the above provisions are void under governing law, our liability shall be limited to the extent permitted by law.

7. INDEMNITY

You agree to indemnify and hold Zipster, its officers, and its employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of or related to your use of the API, your violation of the Terms, or your violation of any rights of another.

8. JURISDICTION

The Terms and the relationship between you and Zipster shall be governed by the laws in Victoria, Australia. You and Zipster irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in that jurisdiction. You may not argue, on the basis of the doctrine of forum non conveniens or any other basis, that the courts of that jurisdiction should not exercise jurisdiction.