The purpose of the Cicero, HunchLab, GeoTrellis, OpenTreeMap, Raster Foundry, and Climate API web services (“Web Services”), owned and operated by Azavea, a Pennsylvania corporation, is to provide geographic data management and visualization products and services. By using the Site or any services provided on the Site (collectively, “Services”), User acknowledges that User has read, understood, and agrees to be bound by the following terms of service and any future modifications to this agreement (collectively, the “Terms”). If at any time User does not agree to all these Terms, please immediately terminate use of the Services. User, on User’s own behalf and on behalf of User’s company, acknowledge that these Terms are binding and enforceable on User and User’s company (collectively “User”).
Amendment of these Terms
Azavea reserves the right, at its sole discretion, to modify, add, or delete portions of or otherwise change these Terms at any time without notice to User by posting the changed Terms on the Site. All changes shall be effective immediately upon posting. Please check these Terms periodically for changes. User’s continued use of the Services after the posting of changes constitutes User’s binding acceptance of such changes.
If any term in this agreement is not enforceable for any reason, other terms will not be affected.
Headings are for convenience only and have no legal or contractual effect.
Using Azavea Web Services
User must have a user account with the relevant Web Services in order to use the Service. User is required to register for an account before using the Service. If the Web Service has an API and the User has access to the API, each request to the API must include the User account’s unique API identifier. Unauthorized use of any API identifier is prohibited.
User must adhere to all policies posted within the Services and all accompanying documentation. All such policies are hereby incorporated by reference into these Terms.
User agrees to provide attribution when required, as outlined in Web Service documentation or as requested by Azavea. User understands that a subscription to a Web Service plan that offers “branding-free maps” does not waive User’s responsibility to provide attribution when required or requested.
Compliance. As a condition of User’s use of the Services, User warrants to Azavea that User will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. User may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. Recognizing the global nature of the Internet, User agrees to comply with all local rules regarding online conduct and acceptable content.
Unacceptable Use. User is solely responsible for any and all acts and omissions that occur under User’s account or password, and User agrees not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services site to:
- disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
- disseminate, store, or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
- create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication;
- export, re-export, or permit downloading of any content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions;
- interfere, disrupt, or attempt to gain unauthorized access to other accounts or any other computer network;
- disseminate, store, or transmit viruses, trojan horses, or any other malicious code or program; or
- engage in any other activity deemed by Azavea to be in conflict with the spirit or intent of these Terms.
Disseminating or transmitting material featuring objectionable content will not be tolerated, and users may be banned from the Services for such contributions with no prior notice.
Indemnification. User agrees to indemnify and hold harmless Azavea and its customers, subsidiaries, affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content User submit, post to, or transmit through the Services, User’s use of the Services, User’s violation of these Terms, or User’s violation of any rights of another.
Azavea grants User permission to use the Site, including its services and content, as set forth in these Terms. All materials displayed or performed on the Site, including, but not limited to text, graphics, maps, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively, “Content”) (other than Content posted by the User (“User Content”) and Content from Third Party Providers (“Third Party Content”)) are the property of Azavea and/or third parties and are protected by United States and international copyright laws.
User may download or copy the Content, and other items displayed on the Site for download, for personal use only. User may not remove or obscure any copyright or other notices contained in such Content. Downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Azavea, or from the copyright holder identified in such Content’s copyright notice.
Intellectual Property Rights
“Azavea Trademarks” means all names, marks, brands, logos, designs, trade dress, and other designations used in connection with the Service(s), software, data, or information. User agrees not to incorporate any Azavea Trademarks into User’s trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, without prior written approval. Azavea agrees to not incorporate User trademarks, service marks, company names or other similar designations into Azavea products without prior written approval.
As a condition of Azavea’s grant of license to use the Service(s), User shall not remove any intellectual property notices, proprietary legends, and/or U.S. Government Limited/Restrictive Rights legend contained in the Service(s), the metadata files of any of the Service(s), and any online and/or hard copy attribution page of any data or documentation delivered hereunder and shall affix any attribution notices as may be specified therein.
Nothing on this Service(s) Web site shall be construed as conferring any license under any of Azavea’s or any third party provider’s intellectual property rights, whether by estoppel, implication, or otherwise. User acknowledges sole responsibility for obtaining any such licenses.
User Submitted Content. The Customer or Subscriber that purchases the Site shall own all content that the User contributes to the Site. The user grants a worldwide, royalty-free, transferable right to use, copy, cache, publish, display, distribute, modify, create derivative works, and store such User Content and to allow others to do so (“Content License”) in order to provide the Services. On termination of a Subscriber’s paid subscription to the Site and use of the Services, User Content may be removed from the site.
General Content. The Site allows User to access and view a variety of content, including but not limited to, maps, photographs, tables, and other related information provided by Azavea and its licensors. User understands and agrees to the following with respect to all content made available by or through the Site:
Map data and related content are provided for planning purposes only. User may find that events may cause the actual information to differ from the map results. User should exercise judgment in User’s use of all content made available by or through the Site.
These Terms do not constitute a sale of the software or any copy of the software. By using the Site, User does not receive or acquire any proprietary rights therein, and Azavea and/or its licensors retain all ownership rights in the Site and its content. User may not use, access, or allow others to use or access the content in any manner not permitted under the Terms, unless User has been specifically permitted to do so by Azavea or by the owner of that content, in a separate agreement.
Certain content is provided under license from third parties, and is subject to copyright and other intellectual property rights owned by or licensed to such third parties. User may be held liable for any unauthorized copying or disclosure of this content. User understands that when using the Site User will be exposed to user submissions and other third party content from a variety of sources (“Third Party Content”), and that User may be exposed to Third Party Content that is inaccurate, offensive, indecent, or otherwise objectionable. Azavea does not endorse any Third Party Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Azavea be liable in any way for or in connection with the Third Party Content, including, but not limited to, for any inaccuracies, errors, or omissions in any Third Party Content, any intellectual property infringement with regard to any Third Party Content, or for any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, emailed, or otherwise displayed or transmitted through the Site.
Certain Third Party Content is subject to license, terms and conditions of the third party. By using the site, User agrees to abide by the terms and conditions of the third party. Depending on the configuration of the service, these Third Party Content licenses may include but are not limited to the following parties and terms:
- Google Maps API: https://developers.google.com/maps/terms
- Esri ArcGIS Online: https://developers.arcgis.com/en/terms/
- OpenStreetMap Open Database License: http://opendatacommons.org/licenses/odbl/summary/
- MapBox: https://www.mapbox.com/tos/
- CartoDB: http://cartodb.com/terms
- Stamen Maps: http://maps.stamen.com/
Azavea reserves all rights not expressly granted to User. The use of the Site, including its software, services, and other content, is licensed only to User and may not be transferred to anyone without the prior written consent of Azavea. Any authorized transferee shall agree in writing to be bound by the terms and conditions of these Terms. In no event may User copy, loan, rent, time-share, sublicense, assign, transfer, lease, sell or otherwise dispose of the Azavea Site’s software, data, or other content on a temporary or permanent basis except as expressly provided herein. These Terms shall benefit Azavea and its successors and assigns. User may not, or permit any third party to, modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive any source code from the Site’s software. All logos and product names appearing on or in connection with the Site are proprietary to Azavea or its licensors and/or suppliers. User agrees never to remove any proprietary notices or product identification labels from the Site’s software, maps, and other content, if applicable. The limited license granted above terminates automatically, without notice to User, if User breaches any of these Terms. Upon termination of the limited license, User agrees to immediately destroy any downloaded or printed materials from the Site, including software, visualization, and other content.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF USER RESIDES IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO USER TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH USER IS LOCATED. AZAVEA DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE CONTENT AND THE PRODUCTS, AND WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM USER’S USE OF THE CONTENT OR THE PRODUCTS.
Account Cancellation or Suspension
Azavea may cancel or suspend User’s access to the Web Services at any time and for any reason and without notice. Upon cancellation or suspension, User’s right to use the service will stop immediately. User may not have access to data that User stored on the service after we suspend or terminate the service. User is responsible for backing-up User’s data that User uses with the service. If Azavea cancel’s User’s service in its entirety without cause, we will refund to User on a pro-rata basis the amount of User’s payment corresponding to the portion of User’s service remaining right before we terminated User’s service.
User may terminate their account at any time by contacting Azavea. As soon as User cancels the service User’s right to use it stops immediately. User may not have access to data that User stored on the service after User terminates the service. User is responsible for backing-up User’s data that User submitted with the service.
Excessive Use of Azavea Web Services
User agrees that use beyond one million requests (tiles or data requests), including, but not limited to, requests that result from Distributed Denial of Service (DDoS) attacks, within a thirty day period will be considered Excessive Use. User may be responsible for additional fees for Excessive Use.
These Terms apply to all mobile applications that use the Web Services including any general Cicero, Hunchlab, or OpenTreeMap mobile applications or mobile applications published under another name but based on the Cicero, Hunchlab, or OpenTreeMap services.
User agrees that Azavea may collect technical data and related information about User’s device, system and application software, and peripherals to support the Services and software updates. Azavea agrees to not use or distribute the information in a way that personally identifies the user from whom it was gathered.
Acknowledgement. USER EXPRESSLY ACKNOWLEDGES THAT THE TERM AZAVEA INCLUDES AZAVEA INC. AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, CUSTOMERS AND SUBCONTRACTORS OF AZAVEA INC.
“As Is”, “As Available” and “With All Faults.” USER EXPRESSLY AGREES THAT THE USE OF THE SITE IS AT USER’S SOLE RISK. THE SITE AND ITS SOFTWARE, SERVICES. MAPS AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
No warranties. THE SERVICE(S) OR CONTENT HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, BUT ITS ACCURACY AND COMPLETENESS ARE NOT GUARANTEED. THE SERVICE(S) AND CONTENT MAY CONTAIN SOME NONCONFORMITIES, DEFECTS, INACCURACIES, ERRORS, OR OMISSIONS. AZAVEA MAKES NO WARRANTY OR CONDITION THAT (a) THE SERVICE(S) WILL MEET USER’S REQUIREMENTS; (b) THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY SERVICE(S), DATA OR INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SERVICE(S) WILL MEET USER’S EXPECTATIONS; OR THAT (e) ANY ERRORS IN THE SERVICE(S), SOFTWARE, DATA, OR INFORMATION WILL BE CORRECTED.
Website Operation and Third Party Content. AZAVEA DOES NOT WARRANT THAT THE SITE, INCLUDING ANY SOFTWARE, SERVICES, MAPS, OR CONTENT OFFERED ON OR THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
BOTH PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INTERNET IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS, AND THAT (a) THE INTERNET IS NOT A SECURE INFRASTRUCTURE, (b) NEITHER PARTY HAS CONTROL OVER THE INTERNET, AND (c) THAT NEITHER PARTY IS LIABLE FOR DAMAGES UNDER ANY THEORY OF LAW RELATED TO THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET THAT MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE SERVICE(S).
THE SERVICE(S) OR CONTENT DELIVERED HEREUNDER ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE FOR INSURANCE UNDERWRITING, OR WITH CRITICAL HEALTH AND SAFETY OR ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS THAT REQUIRE FAIL SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, EMERGENCY RESPONSE, TERRORISM PREVENTION OR RESPONSE, LIFE SUPPORT, OR WEAPONS SYSTEMS (“HIGH RISK ACTIVITIES”). AZAVEA SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF FITNESS OR HIGH RISK ACTIVITIES.
Accuracy. AZAVEA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Harm to User’s Computer. USER UNDERSTANDS AND AGREE THAT USER USES, ACCESSES, DOWNLOADS, OR OTHERWISE OBTAINS SOFTWARE, SERVICES, MAPS, OR CONTENT THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S PROPERTY (INCLUDING USER’S COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.
Limitation of Liability and Damages
Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL AZAVEA OR ITS CUSTOMERS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM USER’S USE OR THE INABILITY TO USE THE SITE, INCLUDING SOFTWARE, SERVICES. MAPS, CONTENT, USER SUBMISSIONS, OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE, EVEN IF AZAVEA OR AN AZAVEA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF AZAVEA OR ITS CUSTOMERS, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR USER’S USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR FEES PAID IN THE PRECEDING TWELVE (12) MONTHS.
Reference Sites. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE OR OTHERWISE BY THIRD PARTIES OTHER THAN AZAVEA AND RECEIVED BY USER THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY USER THROUGH ANY THIRD PARTY SITES.
Claim Period. USER AND AZAVEA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS OR RELATED TO AZAVEA MUST COMMENCE WITHIN 30 DAYS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Digital Millennium Copyright Act Compliance
If User is a copyright owner or an agent thereof, and believe that any user submission or other Azavea content infringes upon User’s copyrights, User may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on Azavea are covered by a single notification, a representative list of such works from Azavea;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Azavea to locate the material; Information reasonably sufficient to permit Azavea to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated Copyright Agent to receive notifications of claimed infringement is:
Azavea Inc Tel: +1 215.925.2600 Email: firstname.lastname@example.org
This Subscription Agreement shall be construed and enforced in accordance with and be governed by the laws of the United States of America and the Commonwealth of Pennsylvania without reference to conflict of laws principles. User and AZAVEA agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Philadelphia, Pennsylvania. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision.
The failure of Azavea to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
User agrees that no joint venture, partnership, employment, or agency relationship exists between User and Azavea as a result of these Terms or use of Azavea. User further acknowledges no confidential, fiduciary, contractually implied, or other relationship is created between User and Azavea other than pursuant to these Terms.
Any breach of this Subscription Agreement will result in the irreparable harm to AZAVEA or its third party licensors for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, AZAVEA shall have the right to an injunction, specific performance, or other equitable relief in any court of competent jurisdiction to prevent violation of these terms and without the requirement of posting a bond or undertaking or proving injury as a condition for relief.
- Initial publication
- Added terms related to use of mobile apps and updated section on unacceptable use
- Added GeoTrellis to covered services
- Added specific Third Party Content terms
- Revised Privacy section to refer to separate policy