2. ACCESS KEYS
3. STATEMENT OF PRINCIPLES
- Are purchased by end users;
- Contain or refer to commercial products, services, links, guides, ad networks or commercially linked toolsets, except that User may include a link or content to further User's right of attribution and recognition of User's creative excellence or professional advancement;
- Contain content which is hateful, threatening, defamatory, or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
- Infringe on the intellectual property rights of others;
- Fail to inform end users of any geotag or location data disclosed by an Application;
- Republish Data or other Burning Man content not accessed through the API or tools that Burning Man may provide;
- Contribute to or associate with any spamming or malware application website URL; and,
- Use or incorporate images, photographs or references to Burning Man logos or other Burning Man intellectual property such as images of the Man or other Burning Man copyrights, trademarks and trade dress without advance permission from Burning Man. (Permission may be obtained, in Burning Man's sole discretion, by contacting press[at]burningman.com). To prevent confusion, User may not use the words "Burning Man," "Black Rock City" or "Decompression" in the name of an Application.
5. USE OF THE DATA AND INTELLECTUAL PROPERTY RIGHTS
6. SHARING APPLICATION AND CODE
User shall notify Burning Man (innovate[at]burningman.com) of all Applications which use the Data so that Burning Man, in its sole discretion, may publicize the Application to the Community. Consistent with Burning Man's principle of gifting and the "gift economy," Burning Man encourages (but does not require) User to share the Application's source code with the Community in order to improve or enhance User's Application. User can also submit Applications to the Innovation Showcase on innovate.burningman.com. Burning Man encourages User to communicate feedback or comments to Burning Man by contacting innovate[at]burningman.com. Burning Man may use any feedback, comments or suggestions as it sees fit and without any obligation to User.
7. EXCLUSION OF WARRANTIES
8. LIMITATION OF LIABILITY AND INDEMNITY
IN NO EVENT SHALL BURNING MAN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNATIVE OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF USE, TIME OR DATA, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS, OR THE COST OF COMPUTER EQUIPMENT AND SOFTWARE), TO THE FULL EXTENT THAT SUCH MAY BE DISCLAIMED BY LAW, OR FOR ANY CLAIM AGAINST USER BY ANY THIRD PARTY. IN NO EVENT SHALL BURNING MAN BE LIABLE FOR ANY CLAIM, INCLUDING CLAIMS BY THIRD PARTIES, FOR LOSS OR DAMAGES ARISING FROM ERRONEOUS DATA OR INFORMATION CONTAINED IN THE DATA. To the fullest extent permitted by law, User shall indemnify and hold Burning Man, including its affiliates, owners, employees, volunteers and agents, harmless from any claim, loss, damage, injury or liability of any kind, nature and description (including, without limitation, incidental and consequential damages, costs, attorney's fees and costs of investigation), that arises from or is connected with, directly or indirectly, in whole or in part, User's Application or User's use of the Data, including without limitation, use of the Data in a derivative work. In addition to User's obligation to indemnify Burning Man, User specifically acknowledges and agrees that User has an immediate and independent obligation to defend Burning Man from any claim which actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered to User by Burning Man and continues at all times thereafter.
9. ACCEPTANCE OF OTHER CONDITIONS
10. GENERAL PROVISIONS
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, oral and/or written, between the parties relating to the subject matter of the Agreement. No party has relied upon any other promise, representation or warranty, other than those contained in this Agreement. The waiver or failure of either party to exercise any right provided for herein shall not be deemed a waiver of any prior or further right hereunder, and the waiver of any breach or default shall not constitute a waiver of any other right or any subsequent breach or default. The language in all parts of this Agreement shall be construed as a whole in accordance with its fair meaning, not for or against any party, and without regard to any statutes, which provide for the language of an agreement to be construed against the drafter. Subject headings have been inserted for convenience and are not intended to reflect any substantive content or meaning. This Agreement is personal to User and User may not assign or subcontract its rights, duties or obligations under this Agreement to any person or entity, unless expressly approved in advance by Burning Man in writing. This Agreement shall bind and be for the benefit of the parties and their heirs, fiduciaries, successors and assigns, subject to the restrictions on assignment set out above. Any dispute regarding the use of the Data or the interpretation of this Agreement shall be resolved, exclusively, in the forum and under the jurisdiction of the state or federal courts located in San Francisco, California, the location where this Agreement is entered, and User consents to the personal jurisdiction of such courts. The court shall apply California law to resolve the dispute, and the prevailing party in any such dispute shall be entitled to recover its reasonable costs, including attorney's fees, from the non-prevailing party. In the event that any provision of this Agreement is held invalid or unenforceable, this Agreement shall remain in effect and the offending provision shall be modified to the extent required to make the provision valid and enforceable.