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API Agreement

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Free Music Archive API Terms of Service

API LICENSE AGREEMENT

If you have any questions, please contact dev@freemusicarchive.org, 201 521-1416 x243.

This is the API License Agreement dated as of October 17, 2011.

All capitalized terms that are not herein defined shall be defined as in the Terms of Use (the “Terms of Use”) of the Free Music Archive (the “Free Music Archive,” “FMA,” “we,” or “our”).

1. OVERVIEW

Comply with the Terms of Use and respect the licenses of the music and other content made available through our API, including but not limited to any relevant terms regarding attribution.

We are small nonprofit organization, so take it easy on our servers. Read the technical documentation, and follow the guidelines.

Respond to our emails if we try to reach you. Maintain an active email address in your profile.

We reserve the right to disable API accounts at any time and for any reason.

2. GRANT OF LICENSE

Subject to your (“Licensee” or “you” ) full compliance with all of the terms and conditions of this API Agreement (the “Agreement”), as well as the Terms of Use, FMA grants Licensee a non-exclusive, revocable, nonsublicensable, nontransferable license to use the FMA's application program interfaces, data provided by such application program interfaces and other materials provided by FMA at freemusicarchive.org/api and the results and proceeds thereof (collectively, "APIs") solely to develop and distribute non-commercial applications that interoperate with the APIs for non-commercial purposes.

b. Licensee acknowledges that the Terms of Use require, among other things, that users make sure that they understand and comply with all license provisions relating to content that they download or access from the Free Music Archive.

c. You shall:

i. Comply with the Terms of Use.

ii. Comply with any and all requirements or restrictions pertaining to the usage of the works available on FMA by their respective licensors. Neither FMA's provision of the FMA APIs nor your use of the FMA APIs supersede requirements and restrictions imposed by the individual content licensor on his or her respective work. Such requirements and restrictions may include, but are not limited to, any relevant terms regarding attribution, derivative works, or any other terms and conditions. For the avoidance of doubt, all FMA content belongs to the respective licensors. You are using the works under the terms of a license granted directly from the respective licensor and you must adhere to those terms. You are solely responsible for making use of FMA works in compliance with the owners' requirements or restrictions.

iii. Remove from your application within 24 hours any FMA user's works or other information that the owner of the work asks you to remove.

iv. Disclose in your application through a privacy policy or otherwise displayed in the footer of each page, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

d. You shall not:

i. Use FMA APIs for any application that replicates or attempts to replace the essential user experience of FMA.

ii. Attempt to conceal your identity or your application's identity when using or requesting authorization to use FMA APIs.

iii. Use FMA APIs 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.

iv. Use an unreasonable amount of bandwidth.

v. Use FMA APIs for or in connection with any malicious programs or code including, but not limited to, adware or spyware.

vi. Use FMA APIs in a manner that may impair the functionality, stability, or operation of FMA servers or adversely impact the behavior of other users or applications using the FMA APIs.

vii. Sell, lease, or sublicense FMA APIs or access thereto or derive revenues, directly or indirectly, from the use or provision of FMA APIs.

3. COMMERCIAL USE

a. FMA reserves the right to make evaluations as to the commercial or non-commercial nature of your application at any time, including but not limited to the time submit your application for the license. For the avoidance of doubt, FMA may monitor your site or application to ensure continued compliance with this Agreement and the Terms of Use.

b. If your application’s primary purpose is to derive revenue, it is a commercial application. The following examples of commercial uses are intended for illustrative purposes only:

i. Charging a fee to users for your product or service which includes integration of the FMA APIs.

ii. Selling services to FMA users and using the APIs to bring users' FMA content into your service.

iii. Using FMA-derived music to drive traffic to your site and generate ad revenue.

4. INDEMNITY - Licensee agrees that Free Music Archive shall have no liability whatsoever for any use Licensee makes of the APIs. Licensee shall indemnify and hold harmless Free Music Archive from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fees) arising from Licensee's use of the APIs, users of Licensees resultant applications, or for any breach of this Agreement and/or any of the representations and warranties made herein.

5. USE RESPONSIBLY - Please make an effort to limit the load on our servers. FMA may, in its sole discretion, set usage guidelines and quotas. Licensee shall not circumvent or attempt to circumvent such restrictions.

6. TERMINATION - Either party may terminate this Agreement at any time, for any reason, or for no reason including, but not limited to, if Licensee violates any provision of this Agreement.

7. COMPLIANCE WITH LAWS - Licensee is responsible for complying with all applicable laws, rules and regulations, all third-party rights and all FMA policies.

8. NO IMPLIED RIGHTS - Except as expressly granted herein, neither party through this Agreement grants the other party any intellectual property rights or other proprietary rights.

9. DISCLAIMER OF WARRANTIES - You expressly understand and agree that the Free Music Archive and the API are provided on an as is and as available basis, and your use of the API is at your sole risk. The Free Music Archive makes no representations or warranties of any kind, express or implied, as to the API's operation or the information, content, or materials available through the API. To the fullest extent permissible by applicable law, the Free Music Archive disclaims any and all warranties, express or implied, including but not limited to warranties of merchantability and fitness for any particular purpose. Without limitation, we disclaim any and all warranties regarding the security, reliability, accuracy, timeliness, and performance of the API, its services, and its functions, as well as any of content and information accessed from the site.

10. MODIFICATIONS - The Free Music Archive reserves the right to change the terms of this API License Agreement at any time, at its sole discretion. You are responsible for regularly reviewing the Terms. Your continued use of the API constitutes your agreement to all such Terms and changes.



I request and API key and agree to the Free Music Archive API Terms of Service