The MSW API aims to support both developers and surfers by opening our data for creative and interesting projects. At the same time we need to balance our commercial wellbeing (which funds this open data) and the rights of our users. Please read these guidelines carefully. We expect anyone using our API to comply legally but also act as a good partner following the spirit of this agreement. These terms will evolve and change as we develop the project and you need to be aware that this can happen at any time, by continuing to access the API you agree to continue to be bound the terms set out here, given you can cancel this agreement at any time (see below).
We'll endeavour to ensure our application scales to meet the needs of yours, but if you're anticipating making more than 1 million API requests a month you should be getting in touch before launching your application. We reserve all rights to API access but particularly we'll act to ensure the integrity of our provision which may mean disconnecting applications making excessive demands without warning.
All content supplied via our API remains our intellectual property as does all derivative content you create from it.
The API exists to add marine forecast information to your product. It's not a license to replicate the locational database we've created on MSW. This locational data remains our intellectual property. Additionally the API isn't designed for the building of applications that replicate core functionality found on the MSW website and we reserve the right to terminate applications that do this.
You agree not to sell, rent, lease, sublicense, redistribute, or syndicate access to any third party.
All content must be accredited to MSW with a 'powered by' logo placed above any content using our data in such a way that makes it clear that the section using our data is powered by our API but not in such a way as to create a false association with your site or service as a whole (see association below). You need to copy the complete code from the box above and add it unaltered to your webpage or embed the image as a clickable link to a web view of our service in a mobile application.
This logo or other MSW marks can't be used in a manner that creates a sense of endorsement, sponsorship, or false association with our business. The phrase 'powered by magicseaweed' can be used in reference only to the data we provide or it's derivatives.
Our data can be used by companies or individuals as part of a commercial product however you can't charge to access the data, either directly or as part of a paid for application. Neither can you sell or target advertising specifically to content created from this data (excepting run of site advertising of which our content forms a minority part).
You can terminate this agreement at any time by removing any MSW data or derived data from your product and and associated storage systems. We may immediately suspend your access to our API at any time, and without notice to you for any reason including your breach any term or condition here of if we reasonably determine your usage is likely to cause liability to Magicseaweed. We will not be liable for any costs, expenses, or damages as a result of its termination of this agreement. Upon termination of this agreement, you will promptly cease accessing and using our API will delete all MSW content and any information derived therefrom and all copies and portions thereof, in all forms and types of media from your Service.
You may be given access to certain information, software, and specifications relating to our API and data. You may use this confidential Information only as necessary in exercising your rights granted here. You can't share this data with any third party and agree to protect this information as you'd protect your own confidential business information.
IN NO EVENT WILL MAGICSEAWEED BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE MSW API WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN ANY CASE, MSW'S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AGGREGATE FEES YOU PAID FOR ACCESS TO THE MSW API IN THE LAST YEAR.
You will indemnify, defend, and hold MSW, its subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys' fees) brought by a third party arising out of or in connection with: (a) any act or omission by you, in connection with your use of the MSW API (b) your use of the MSW API other than as expressly allowed by this agreement; (c) your breach or alleged breach of any of the terms, restrictions, obligations or representations under this agreement; or (d) your Service. You will assume control of the defense and settlement of any claim subject to indemnification by you. MSW may, however, at any time elect to take over control of the defense and settlement of any such claim. In any event, you will not settle any such claim without MSW prior written consent.