Six Apart Widget Developer Terms and Conditions

Background. Six Apart Ltd. ("Six Apart") has published an API (the "Specifications") to provide partners the ability to create an HTML and/or JavaScript form to be integrated within a Six Apart weblog (a "Widget"). The Widgets will enable Six Apart users to easily incorporate partner services into their weblogs.

Six Apart invites you to develop a Widget for the Six Apart Widget program (the "Program"). Your participation in the Program is subject to these Terms and Conditions (the "TCs"). Your use of the Specifications signifies your acceptance of these TCs as a partner ("Partner").

Marks. Each party hereby grants to the other party a non-exclusive, non-transferable, royalty-free license to use, display and reproduce such party.s name, logo, trademarks and service marks (the "Trademarks"), solely for the purposes of displaying, maintaining and promoting the Partner Widget and the Program. Each party acknowledges that the other party's Trademarks are and will remain the exclusive property of such party and all use by each party of any Trademark will inure solely to the benefit of the owning party.

Widget License. Partner hereby grants to Six Apart a non-exclusive, non-transferable, royalty-free license to the code and/or content comprising the Partner's Widget solely for the purposes of including and displaying the Partner's Widget on the Six Apart service.

Content Rights. Partner shall retain all right, title and interest in and to any code, script and content provided by Partner in connection with the Program. Six Apart shall retain all right, title and interest in and to any data, designs, software, content or other information provided by or disclosed by Six Apart, including to the Specifications.

Partner Representations. Partner represents that the Partner Widget and any Partner Destination Page (as hereinafter defined): (i) shall comply with all applicable laws, rules and regulations; (ii) shall not contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines, and (iii) shall not contain any material that is: unlawful, harmful, fraudulent, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, or otherwise objectionable, including, without limitation, any material that supports or otherwise encourages wrongful conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable laws, aims to harvest ID, email or other user information. The term "Partner Destination Page" means any Partner's web page accessed by clicking on the Partner Widget.

Six Apart Representations. Except as otherwise described in the Specifications, Partner's Widget shall not be modified, altered, or edited in any manner by Six Apart.

Indemnities. Partner agrees to indemnify, defend, and hold Six Apart and Six Apart's parents, subsidiaries, affiliates, officers, directors and employees harmless from any and all actions, causes of action, claims, demands, costs, liabilities, expenses (including reasonable attorneys' fees) and damages brought by a third party and arising out of (i) any violation by Partner of the intellectual rights of another party, (ii) any violation of Partner's representations granted herein, and (iii) in respect of any transactions or the nature or quality of any content, products, and/or services appearing on or provided through the Destination Page or the Partner's website.

Disclaimer. Six Apart shall be under no obligation to promote Partner's Widget or include the Partner Widget in any Widget directory. Inclusion and positioning in any Widget directory shall be at Six Apart's sole discretion. Six Apart shall have the right at any time and for any reason to remove Partner Widget from any Widget directory and the Six Apart blogs.

Miscellaneous. These TCs will be governed by and construed under the laws of the State of California, without taking into effect its choice of law rules and any actions arising from or relating to this Agreement shall be brought in the Federal or State Courts of the State of California. The Partner Representations, Six Apart Representations and the Indemnities sections shall survive termination.