1. USERS. You promise that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we believe or suspect that such information is untrue, inaccurate, not current or incomplete, we may deny or terminate Your access to the Site or Services (or any portion thereof).
b) SYNC USERS. Certain Cloud Services and/or Products may be only available to Sync Users who, besides creating an Account, have submitted payment of all applicable services and/or license fees to us in order to access, view and/or download certain Cloud Services and/or Products. As a Sync User, prior to receiving the Services or Products, You must create an Account and submit an order for the Services or Products by selecting the Services You wish to access and/or the Products you wish to download and submitting all applicable fees, which are due and payable at the time of Your order for the Services or Products in accordance with subsection (c) below. You accept and acknowledge that unless you create an Account, as provided in clause 1(b) above, you may not be able to access the Services even if you download the Products and that termination of your account with Google Inc. for the Google App Engine may result in impossibility of accessing the Services and therefore will result in cessation of such Services. Arc2Earth is not responsible to you if you terminate your Account.
3.GIS DATA AND RELATED SERVICES. You understand, acknowledge and agree that we provide the Site and Services as a tool to enable You to locate GIS Data and other related information, including other services providers that may help you with respect to Your search for GIS Data. We do not provide any advice with respect to the abilities of any other service providers You may choose, including without limitation Google Inc and the Google App Engine, and it is Your obligation and duty to make whatever inquiries and investigations are necessary in order to satisfy yourself with respect to such persons and/or companies. The provision by us of the name of any other service provider is in no way to be construed as an endorsement or approval by us of such person and/or company, nor are we acting as the representative of any such person and/or company. We make no representation whatsoever about the ability of any GIS Data to fulfill your needs, or to be fit for a particular purpose or other service provider to perform the services, including Google Inc. You agree that we shall have no liability for any losses You might incur as a result of using the GIS Data or by entering into transactions with other entities or companies by using the Site, the Products or the Services. You authorize us to forward Your information to our network of participating service and/or information providers. You understand that the service providers may keep Your information, whether or not You complete a transaction with them. You hereby authorize the potential service provider to contact You directly either by phone, mail, or email. You understand and agree that nothing on the Site or through the Services constitutes an offer, promise, solicitation or otherwise, either to enter into any transaction, or that any participating service provider will enter into a transaction on any specific terms. YOU UNDERSTAND THAT INFORMATION THAT YOU SUBMIT TO US FOR PURPOSES OF BEING CONTACTED BY ANOTHER SERVICE PROVIDER IS SUBMITTED PRECISELY FOR THE PURPOSE OF DISCLOSURE IN A VARIETY OF MEDIA AND CHANNELS, AND THEREFORE SUCH INFORMATION IS NOT SUBJECT TO ANY CONFIDENTIALITY OBLIGATION
4.RULES REGARDING INFORMATION AND OTHER CONTENT. When You access the Site and/or Services, You obtain access to various kinds of information and materials, all of which we call “Content.” Content also includes any information and materials posted to the Site or through the Services by You. As between You and us, You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that You post to the Site or through the Services. You grant us a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of Your intellectual property rights related to that Content, to the extent necessary for us to provide the Services. You also authorize us to sublicense those rights to our contractors who help us provide the Services. You agree not to revise Content posted by others, and You represent and warrant that You will not post or use any Content in any manner that:
- Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
- violates the privacy, publicity, or other rights of third parties;
- is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by Arc2Earth in its sole discretion; or is false or inaccurate.
5.GENERAL RULES OF USER CONDUCT. It is our goal to make access to our Site and Services a good experience for all of our users. You agree not to, and represent and warrant that You will not, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Site or Services or access to the Site or Services for any purposes other than for which the Site or Services are being provided to You, or do any of the following:
- Conduct or promote any illegal activities while using the Site or Services;
- upload, distribute or print anything that may be harmful to minors;
- attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of (i) the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site and (ii) of the software Products obtained through the Site;
- attempt to gain access to secured portions of the Site or Services to which You do not possess access rights;
- upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- use the Site or Services to generate unsolicited email advertisements or spam; allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
- use the Site or Services to stalk, harass or harm another individual;
- use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
- interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
- impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or
- frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
7.MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site, Services or the offering of Products with or without notice to You. We will not be liable to You or any third party should we exercise our right to modify or discontinue the Site, Products or Services. If You object to any such changes, Your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate Your acknowledgement of such changes and satisfaction with the Site or Services as so modified.
8.CHILDREN. The Services are not intended for users under the age of 18, and Arc2Earth does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us; any information submitted by such users will not knowingly be used, posted, or retained by us.
11. DURATION OF ACCESS. You agree that Arc2Earth, in its sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in its sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR USER CONTENT.
12. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES OR DOWNLOAD OF ANY PRODUCTS IS AT YOUR SOLE RISK. ABSENT ANY EXPRESS INDICATION TO THE CONTRARY, THE SITE, THE PRODUCTS AND THE SERVICES ARE PROVIDED BY ARC2EARTH ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARC2EARTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. ARC2EARTH MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ARC2EARTH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES OR THE PRODUCTS OR THAT DEFECTS IN THE SITE OR SERVICES OR PRODUCTS WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES OR PRODUCTS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, SERVICES OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. WE AND OUR AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF YOUR DATA NOR GUARANTEE DATA AVAILABILITY WHATSOEVER. YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR MAINTAINING BACKUP OR ARCHIVE COPIES OF YOUR DATA AND/OR SUBMISSIONS TO THE SITE AND SERVICES.
ARC2EARTH DOES NOT GUARANTEE ANY RESULTS THROUGH USE OF THE SITE OR SERVICES OR PRODUCTS, AND IS NOT RESPONSIBLE FOR ANY PURCHASE OR SALES DECISIONS.
13.LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES AND THE PRODUCTS IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ARC2EARTH OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO OR DOWNLOAD OF, OR THE INABILITY TO USE OR TO ACCESS OR TO DOWNLOAD, THE SITE OR THE SERVICES OR THE PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR SERVICE PROVIDERS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT OR SERVICE PROVIDER SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL ARC2EARTH BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES OR THE PRODUCTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES AND THE PRODUCTS. THE TOTAL LIABILITY OF ARC2EARTH TO YOU FOR ANY PARTICULAR CLAIM ARISING FROM OR RELATED TO THE SITE OR THE SERVICES OR THE PRODUCTS IS LIMITED TO THE GREATER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR THE SERVICES OR THE PRODUCTS WITH RESPECT TO SUCH CLAIM; OR (II) FIVE DOLLARS (U.S. $5.00). NOTWITHSTANDING THE FOREGOING, THE AGGREGATE LIABILITY OF ARC2EARTH TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES OR THE PRODUCTS IS LIMITED, IN AGGREGATE, TO THE GREATER OF (A) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE OR SERVICES OR THE PRODUCTS; OR (B) FIFTY DOLLARS (U.S. $50.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
ARC2EARTH RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR, OR TAKE ANY ACTION ARC2EARTH DEEMS APPROPRIATE REGARDING, DISPUTES THAT YOU MAY HAVE WITH USERS, SERVICE PROVIDERS OR OTHER CUSTOMERS OF OURS. TO THE EXTENT THE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO ANY CONTENT POSTED ON THE SITE OR THROUGH THE SERVICES AND FROM CLAIMS RELATED TO THE CONDUCT OF ANY USER, SERVICE PROVIDER OR OTHER CUSTOMERS OF OURS.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL ARC2EARTH OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
15.LINKING TO THE SITE. You may provide links to the Site, provided that You (a) do not remove or obscure, by framing or otherwise, advertisements, proprietary notices, or other notices on the Site, and (b) discontinue providing links to the Site immediately upon our request.
16.COPYRIGHTS VIOLATIONS. We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site or Services any materials that violate another party’s intellectual property rights. If you believe that any material on the Services infringes upon any copyright which you own or control, in accordance with the Digital Millennium Copyright Act, you may send a written notification of such infringement to us at: Arc2Earth, LLC, DMCA Complaints, 2 Executive Drive, Suite 200, Somerset, NJ 08873. E-mail: email@example.com.
Please provide our Copyright Agent the following information: (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that You claim has been infringed; (iii) a description of where the material that You claim is infringing is located on the Site or Services; (iv) Your address, telephone number, and email address; (v) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
18. CORRUPT PRACTICES. Pursuant to the Foreign Corrupt Practices Act of the United States, You shall not corruptly make an offer, payment, promise to pay, or authorize the payment of any money, or offer, give, promise to give, or authorize the giving of anything of value to any government official for the purpose of obtaining or keeping any business, license or authorization as it may relate to our Technology, Site, Services or Products and You shall indemnify Arc2Earth from any failure to comply with, or violation of, such act by You.
LAST UPDATED. [May 2013]