Digital Podcast Search Service

Thank you for using the Digital Podcast Web APIs (the "Digital 
Podcast APIs"). By using the Digital Podcast APIs, you agree 
to these terms of use (the "Terms of Use") and the Digital 
Podcast Terms of Service ("TOS") located at 
http://api.digitalpodcast.com/termsofservice.php. If you
disagree with any of the terms below or the TOS, Digital 
Podcast does not grant you a license to use the Digital 
Podcast APIs. In the event of any inconsistency between these 
Terms of Use and the TOS, these Terms of Use control.

Digital Podcast reserves the right to update and change, from 
time to time, these Terms of Use and all documents incorporated
by reference. You can always find the most recent version
of these Terms of Use at
http://api.digitalpodcast/podcastsearchservice/termsofuse.php.
Digital Podcast may change these Terms of Use by posting a new 
version without notice to you. Use of the Digital Podcast 
APIs after such change constitutes acceptance of such changes.

1.Licensed Uses and Restrictions. 

The Digital Podcast APIs are owned by Digital Podcast and are 
licensed to you on a worldwide (except as limited below),
non-exclusive, non-sublicenseable basis on the terms and
conditions set forth herein. These Terms of Use define
legal use of the Digital Podcast APIs, all updates, revisions,
substitutions, and any copies of the Digital Podcast APIs made 
by or for you. All rights not expressly granted to you are
reserved by Digital Podcast.

a.  Subject to the restrictions set forth in these Terms
of Use, YOU MAY use the Digital Podcast APIs and any updates
provided by Digital Podcast (in its sole discretion) for your 
own noncommercial use or benefit.  Your license to the Digital 
Podcast APIs under these Terms of Use continues until it is
terminated by either party. You may terminate the license
by discontinuing use of all or any of the Digital Podcast
APIs. These Terms of Use terminate automatically if (i)
you violate any term of these Terms of Use, (ii) Digital 
Podcast publicly posts a written notice of termination on 
Digital Podcast's web site, or (iii) or Digital Podcast sends 
a written notice of termination to you.

b.  YOU SHALL indicate through the following textual
attribution that a product or service that you created
either used or is based on the Digital Podcast APIs: "powered by
Digital Podcast".  If you wish to use any Digital Podcast logo 
in connection with your products or services, you must first 
obtain Digital Podcast's written consent.  If you wish to use 
the Digital Podcast APIs in any manner or for any purpose 
inconsistent with the foregoing, you may do so only by obtaining 
Digital Podcast's prior written authorization.  If you have 
questions about your intended use of the Digital Podcast APIs, 
you may contact us at info@digitalpodcast.com.  The contents of 
any email you send will be subject to these Terms of Use and to 
the Digital Podcast TOS, and you grant to Digital Podcast all 
rights to use and incorporate such contents in the Digital 
Podcast APIs or any other Digital Podcast product or service 
without compensation to you and without further recourse by you.

c.  YOU SHALL use instructions provided in the Digital Podcast APIs
to place application identification information into any
application or service you develop that incorporates or
makes any use of the Digital Podcast APIs.  The identification
information will be shared with Digital Podcast through any use of
each such application,

d.  YOU SHALL NOT: 

(i) use the Digital Podcast APIs in connection with any products or
services that constitute, promote or are used primarily
for the purpose of dealing in: spyware, adware, or other
malicious programs or code, counterfeit goods, items
subject to US embargo, hate materials (e.g. Nazi
memorabilia), goods made from protected animal/plant
species, recalled goods,
hacking/surveillance/interception/descrambling equipment,
cigarettes, illegal drugs and paraphernalia, unlicensed
sale of prescription drugs and medical devices, body parts
and bodily fluids, stolen products and items used for
theft, fireworks, explosives, and hazardous materials,
government IDs, police items, unlicensed trade or dealing
in stocks and securities, gambling items, professional
services regulated by state licensing regimes,
non-transferable items such as airline tickets or event
tickets, non-packaged food items, or weapons and
accessories; (ii) use the Digital Podcast APIs in any manner or 
for any purpose that violates any law or regulation, or in any
manner inconsistent with the Digital Podcast TOS, these Terms of
Use.

(iii) use the Digital Podcast APIs to operate
life support, or other mission critical application where
human life or property may be at stake. You understand
that the Digital Podcast APIs are not designed for such 
purposesand that their failure in such cases could lead to 
death, personal injury, or severe property or environmental
damage for which Digital Podcast is not responsible;

(iv) sell, lease, or sublicense the Digital Podcast APIs or 
access thereto or derive income from the use or provision of the
Digital Podcast APIs, whether for direct commercial or monetary
gain or otherwise, without Digital Podcast's prior, express,
written permission; or

(v)use the Digital Podcast APIs in a manner that exceeds 
reasonable request volume, constitutes excessive or abusive 
usage, or otherwise fails to comply or is inconsistent with 
the API documentation, as determined by Digital Podcast in 
its sole discretion.

2.Ownership and Relationship of Parties. 

The Digital Podcast APIs may be protected by copyrights,
trademarks, service marks, international treaties, and/or
other proprietary rights and laws of the U.S. and other
countries. Digital Podcast's rights apply to the Digital Podcast 
APIs and all output and executables of the Digital Podcast APIs, 
including Digital Podcast search results, but excluding any 
software components developed by you which do not themselves
incorporate the Digital Podcast APIs or any output or executables
of the Digital Podcast APIs. You agree to abide by all applicable
proprietary rights laws and other laws, as well as any
additional copyright notices or restrictions contained in
these Terms of Use and in the TOS. Digital Podcast owns all rights,
title, and interest in and to the Digital Podcast APIs. These Terms
of Use grant you no right, title, or interest in any
intellectual property owned or licensed by Digital Podcast,
including (but not limited to) the Digital Podcast APIs and Digital 
Podcast trademarks.

3.Support. 

Digital Podcast may elect to provide you with support or
modifications for the Digital Podcast APIs (collectively,
"Support"), in its sole discretion, and may terminate such
Support at any time without notice to you. Digital Podcast may
change, suspend, or discontinue any aspect of the Digital Podcast
APIs at any time, including the availability of any Digital Podcast
APIs. Digital Podcast may also impose limits on certain features
and services or restrict your access to parts or all of
the Digital Podcast APIs or the Digital Podcast web site without 
notice or liability.

4.  Fees and Payments. 

Digital Podcast reserves the right to charge fees for future use of
or access to the Digital Podcast APIs or the Digital Podcast services 
and web sites (collectively, "Digital Podcast APIs Services") in
Digital Podcast's sole discretion. If Digital Podcast decides to charge 
for the Digital Podcast APIs Services, such charges will be disclosed
to you prior.

5.  Disclaimer of Warranties by Digital Podcast. 

USE OF THE DIGITAL PODCAST APIS AND ANY DATA ACCESSED THROUGH THE
DIGITAL PODCAST APIS (SUCH AS SEARCH RESULTS) IS AT YOUR SOLE
RISK. THEY ARE PROVIDED "AS IS." ANY MATERIAL OR SERVICE
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
DIGITAL PODCAST APIS IS DONE AT YOUR OWN DISCRETION AND RISK, 
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL OR
SERVICE. DIGITAL PODCAST DOES NOT REPRESENT THAT THE DIGITAL 
PODCAST APIS OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR 
AVAILABLE FOR USE OUTSIDE THE UNITED STATES.  DIGITAL PODCAST 
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS 
OR IMPLIED, RELATING TO THE DIGITAL PODCAST APIS.  Any application 
or service you develop that incorporates or makes any use of
the Digital Podcast APIs shall include a disclaimer no less
protective of Digital Podcast than the foregoing.

6. Limitation of Liability. 

THE DIGITAL PODCAST ENTITIES AND DIGITAL PODCAST LICENSORS WILL 
NOT BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE
DIGITAL PODCAST APIS BY YOURSELF OR BY THIRD PARTIES, WHETHER 
SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE
THEORY. Any application or service you develop that
incorporates or makes any use of the Digital Podcast APIs shall
include a limitation of liability no less protective of
Digital Podcast than the foregoing.


7.  Indemnification. 

You agree to indemnify and hold the Digital Podcast Entities
harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party in connection
with or arising out of your use of the Digital Podcast APIs, 
your violation of any terms or conditions of these Terms of
Use, your violation of applicable laws, or your violation
of any rights of another person or entity.


8.  Controlling Law. 

These Terms of Use and the relationship between you and
Digital Podcast are governed by the laws of the State of 
California without regard to its conflict of law provisions. 
You and Digital Podcast agree to submit to the personal and 
exclusive jurisdiction of the courts located within the county 
of Los Angeles, California. The United Nations Convention on
the International Sale of Goods does not apply to these
Terms of Use.