Terms of Service
1.0 PERMITTED USE
1.1 You, as an Authorized User, who agrees to these terms and conditions for the use of EarthCast™ and who has been provided with a user ID and password to access EarthCast™ by EarthCast Technologies, LP, may use EarthCast™ only for your individual, internal, lawful purposes. Any other use of EarthCast™ is not permitted. You may not assign, or otherwise transfer, this Agreement or rights under it, or delegate obligations or duties, without the prior written consent of EarthCast Technologies, LP. You are responsible for maintaining the secrecy of your username and password and are expected to take reasonable action to protected it.
1.2 A standard, single-session EarthCast™ account authorizes a single individual to use the service from a single web browser on a single computer. Additional sessions may be purchased which will allow concurrent access on multiple browsers and computers. Additional sessions may be purchased off the website, or from our contact us form.
1.3 A multi-user license is required from EarthCast Technologies, LP if more than one individual user (or household) requires access to EarthCast™. The multi-user license is available by contacting EarthCast Technologies, LP at email@example.com.
1.4 EarthCast™ is intended to be used interactively by a single person (per account or session) utilizing a standard web browser such as (but not limited to) Firefox, Opera, or Microsoft Internet Explorer. In addition to standard web browsers, approved third-party software may be used to access the service. Use of any unapproved hardware or software is prohibited. Users who violate this provision will be asked to discontinue use of the unapproved software. Continued violation will be grounds for account suspension.
1.5 Use of any type of continuous, automated downloading facility (hardware or software) is prohibited without prior approval.
1.6 The images, text, and other information available through the service are created by EarthCast™ from raw information gathered from multiple public and private sources. EarthCast™ images are copyrighted and may not be redistributed without prior written consent. Explicit consent is granted for educational, documentary, and/or journalistic purposes subject to the following requirements.
Users may republish or reprint individual EarthCast™ images for educational and/or journalistic purposes subject to the following restrictions:
a) No continuous and/or automated redistribution of images is allowed.
b) Images must be at least 1 hour old prior to publication.
c) No lightning data or images may be republished without prior consent.
d) The images may be cropped, annotated, etc, however, the actual content of the images may not be altered.
e) The user must credit EarthCast Technologies, LP as the source of the image along with the words (“Used with permission”) placed close to the image.
f) All EarthCast™ copyright notices must remain unaltered. In the event that the copyright notice is cropped from the image, the text
“(c) Copyright EarthCast-Technologies.com” must be placed close to the image.
g) If an image is reproduced on a web site, a link to www.EarthCast-Technologies.com would be appreciated (but not required).
h) The restrictions are subject to change.
1.7 As new products are developed and old products are upgraded or retired, the availability of individual products available through the EarthCast™ service is subject to change . The appearance of the products as well as the website itself is also subject to change.
2.0 LIMITED WARRANTY
2.1 EarthCast Technologies, LP strives to provide you with Service of the highest quality. If you are not satisfied with EarthCast™, and after contacting EarthCast Technologies, LP you remain dissatisfied, you may cancel your account by sending an e-mail message to firstname.lastname@example.org which includes your name, UserID/Email Address and the reason for cancellation. Upon such cancellation, you will receive a prorated refund if your subscription was annual or you will no longer be billed each month for a monthly subscription. Monthly subscribers may cancel at any time but we will not pro-rate monthly fees for a refund. A monthly subscription that is cancelled will expire after the end of the most recent month purchased.
2.2 If, through the negligent or intentional act of EarthCast Technologies, LP, you fail to receive EarthCast™ for which you have paid, you shall be entitled to a refund of the unused portion of its payment, calculated on a per-day basis. Such entitlement will not arise if the failure is due to the acts of persons or entities other than EarthCast Technologies, LP, or due to force majeure or other circumstances not within the control of EarthCast Technologies, LP.
2.3 THE FOREGOING STATES THE ONLY WARRANTY FROM EARTHCAST TECHNOLOGIES, LP, ITS SUBCONTRACTORS, SUPPLIERS, INFORMATION SOURCES AND PROGRAM DEVELOPERS (COLLECTIVELY CALLED “SUPPLIERS”), AND IS YOUR SOLE AND EXCLUSIVE REMEDY REGARDING EARTHCAST™ AND ANY INFORMATION ACCESSED. NEITHER EARTHCAST TECHNOLOGIES, LP NOR ITS SUPPLIERS MAKE ANY OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONCERNING EARTHCAST™ OR ANY INFORMATION ACCESSED USING EARTHCAST™.
LIMITATION OF LIABILITY:
EXCEPT FOR THE REFUND OF PAYMENTS STATED IN PARAGRAPH 2.2 ABOVE, NEITHER EARTHCAST TECHNOLOGIES, LP NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN THOUGH SUCH DAMAGES RESULTED FROM THE FAILURE OF EARTHCAST TECHNOLOGIES, LP OR ITS SUPPLIERS TO PROVIDE EARTHCAST™, AND NOTWITHSTANDING THAT EARTHCAST TECHNOLOGIES, LP OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply.
3.1 EarthCast Technologies, LP or its Suppliers own or have licenses to the intellectual property rights to all components of EarthCast™. EarthCast™ contains copyrighted material, trademarks and other proprietary information, including (but not limited to) text, software, photos, video, graphics, music and sound, and the entire contents of EarthCast™ are copyrighted as a collective work under the United States copyright laws. EarthCast Technologies, LP owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download copyrighted material for your individual, internal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of EarthCast™ Technologies, LP and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
3.2 Neither EarthCast Technologies, LP nor its Suppliers are responsible for: 1) the accuracy, completeness, timeliness, reliability, content, or availability of EarthCast™ or any information accessed; 2) loss or damage to your records or data; or 3) your use of, or results achieved from, EarthCast™ or any information accessed. By using EarthCast™, you are able to access information made available from a variety of sources. EarthCast Technologies, LP does not control, edit or review the content of such information and is not responsible for the content of such information or the actions or conduct of any company that provides sources of weather data procured by EarthCast Technologies, LP.
3.4 You agree that communications through EarthCast™ are not private, and for quality control and other purposes, EarthCast Technologies, LP may monitor use of EarthCast™ and any data transmissions occurring through it. EarthCast Technologies, LP is not responsible for any third party obtaining or misusing such transmissions. Neither of us will bring a legal action, under this Agreement, more than two years after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
3.5 If any provision of this Agreement is unenforceable at law, the rest of the provisions shall remain in effect. The headings in this Agreement are for reference only. They will not affect the meaning or interpretation of this Agreement.
3.6 Neither you nor EarthCast Technologies, LP are responsible for failure to fulfill any obligations due to causes beyond its reasonable control (i.e. acts of God, force majeure, etc.).
3.7 EarthCast Technologies, LP may, in its discretion, transfer or assign this Agreement or any of its rights and/or responsibilities hereunder or delegate or subcontract any of its obligations.
3.8 This Agreement is entered into in the State of Delaware, U.S.A. and governed by the laws of the State of Delaware .In the case of governmental agencies and entities whose local, state or federal requirements preclude jurisdictional contracts, the approved jurisdiction of said governmental entities shall apply. EarthCast Technologies, LP provides EarthCast™ to you in the United States. Regardless of where you access EarthCast™ from, you agree to comply with all applicable United States laws, including those regarding the export of data.
3.9 You are also responsible for complying with all other laws, rules, and regulations that may be applicable to your use of EarthCast™.
3.10 EarthCast Technologies, LP has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.