PLEASE CAREFULLY REVIEW THESE TERMS AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND RESPONSIBILITIES. BY AGREEING TO THESE TERMS, USING THE SITE OR DOWNLOADING THE EXTENSION, YOU ALSO AGREE TO COMPLY WITH AND BE BOUND BY ALL OF THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE THE SITE OR THE EXTENSION.
IT'S IMPORTANT TO NOTE THAT THESE TERMS INCLUDE A DISPUTE RESOLUTION AND ARBITRATION SECTION, INCLUDING A CLASS ACTION WAIVER, WHICH AFFECTS YOUR RIGHTS UNDER THESE TERMS AND PERTAINS TO ANY DISPUTES YOU MAY HAVE WITH EarthView3d. YOU HAVE THE OPTION TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER SECTIONS, AS EXPLAINED IN THE INSTRUCTIONS PROVIDED BELOW.
Welcome to earth3dmaps.com (referred to as the "Site")! These terms (referred to as the "Terms") constitute an agreement between you and EarthView3d (referred to as "EarthView3d", "we", "us", or "our") regarding your use of the Site and the Extension (defined below).
Please note that the information we collect from you through the Site and Extension is subject to
EarthView3d's Privacy Policy. We recommend reviewing our Privacy Policy as
well.
Modifications
We have the authority to make changes to these Terms and our Privacy Policy at any time at our
discretion. You will be informed of the most recent modifications by checking the specified date at the
bottom of these Terms. Additionally, EarthView3d has the right to update and modify any part of
the Site or Extension. The Extension may automatically install new improvements, upgrades, and updates
without providing written notice to you. By continuing to use the Site and Extension after such changes
have been made, you indicate your agreement to the revised terms.
Our
Services
By downloading our extension (referred to as the "Extension"), you will gain access to interactive maps,
navigation features, traffic alerts, and suggested destinations. The Site and Extension are supported by
third-party links, features, and materials, which enable us to provide you with free access to our
content (referred to as "Third-Party Materials"). It's important to note that EarthView3d does not
own, review, or control these Third-Party Materials. Therefore, EarthView3d holds no
responsibility or liability for your use or access of these materials or any additional links within
them. Displaying Third-Party Materials on the Site and Extension does not imply endorsement or
association with them. By using the Site and Extension, you agree to release EarthView3d from any
liabilities arising from your use of Third-Party Materials. It is your responsibility to comply with any
applicable terms of use and privacy policies provided by the Third-Party Materials. If you do not wish
to use our services or receive Third-Party Materials, please uninstall our Extension and discontinue
using our Site.
Intellectual Property Rights
Regarding ownership, EarthView3d is the exclusive owner of the Site and Extension, including all
copyrights, trademarks, patents, trade secrets, and other intellectual property rights associated with
them. This ownership encompasses all graphics, videos, text, features, sounds, documents, descriptions,
services, and other content found on the Site and Extension, collectively referred to as
"EarthView3d Materials". Consequently, without the prior written consent of an authorized
representative of EarthView3d, you are prohibited from transmitting, distributing, copying,
saving, displaying, using, downloading, selling, licensing, or exploiting the Site or Extension, or any
part thereof. Except as explicitly granted in these terms, EarthView3d retains all rights to the
Site and Extension. Additionally, Third-Party Materials, which are owned by the respective third
parties, may be protected by applicable laws.
Disclaimer and Warranty
THE SITE, EXTENSION, AND EarthView3d MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. EarthView3d DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, INCLUDING WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING BY STATUTE, TRADE USAGE, OR OTHERWISE. EarthView3d DOES NOT GUARANTEE THAT THE SITE AND/OR EXTENSION WILL BE FREE FROM PERFORMANCE FAILURES, INTERRUPTIONS, DELAYS, ERRORS, VIRUSES, OR COMMUNICATION FAILURES, REGARDLESS OF THE CAUSE OF ACTION.
EarthView3d MAKES REASONABLE EFFORTS TO ENSURE THE FUNCTIONALITY OF THE SITE AND EXTENSION.
HOWEVER, WE CANNOT GUARANTEE THE ABSENCE OF SECURITY BREACHES, VIRUS ATTACKS, BUGS, OR UNINTERRUPTED
OPERATION AT ALL TIMES. THE SITE AND EXTENSION MAY BE TEMPORARILY UNAVAILABLE DUE TO ROUTINE MAINTENANCE
AND TECHNICAL FIXES. ADDITIONALLY, YOU ACKNOWLEDGE THAT EarthView3d IS NOT RESPONSIBLE FOR ANY
CONSEQUENCES RESULTING FROM SLOW INTERNET CONNECTIONS, GENERAL INTERNET PROBLEMS, OR SERVER OVERLOADING
EXPERIENCED BY YOU OR OTHER USERS.
Indemnity
When you use EarthView3d's Site and Extension, you agree to protect, defend, and compensate
EarthView3d and its officers, directors, owners, employees, affiliates, successors, agents, and
representatives from any damages, claims, liabilities, losses, expenses, and costs (including reasonable
attorney's fees) that may arise as a result of your violation of these Terms, your use of the Site or
Extension, or any infringement by you of any third-party rights, including intellectual property
rights
Restrictions
To use the Site and Extension, you must agree to the following restrictions:
(a) refrain from bypassing, disabling, or interfering with the security features of the Site and
Extension; (b) refrain from distributing, copying, or modifying any part of the Site or Extension; and
(c) abide by these Terms. It is your responsibility to maintain and obtain the necessary services and
equipment to use and access the Site and Extension, as well as cover any expenses associated with
internet connectivity for such use. EarthView3d reserves the right to terminate your usage and
access to the Site and Extension immediately and at its sole discretion, with or without
cause.
Copyright Infringement
EarthView3d is committed to addressing copyright infringement claims under the Digital Millennium
Copyright Act (DMCA) and takes them seriously. If you are the copyright owner or an authorized agent
representing the copyright owner, and you believe that any content displayed on our Site infringes your
copyright, please reach out to us at
[email protected]. We will promptly
investigate the matter and provide a response in a timely
manner.
Uninstall
You have the option to remove the Extension from your device by visiting the Uninstall page on our Site
and following the provided instructions. Additionally, it is recommended to clear your browser's
browsing history and cache after uninstalling the Extension. If you encounter any difficulties during
the uninstallation process, feel free to reach out to us at
[email protected] for
assistance.
Limitation of Liability
EarthView3d, ALONG WITH ITS OFFICERS, DIRECTORS, OWNERS, MEMBERS, PARENTS, AFFILIATES, AND SUBSIDIARIES, SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE AND/OR EXTENSION. THIS INCLUDES DAMAGES SUCH AS BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF BUSINESS PROFITS AND SAVINGS, LOSS OF REPUTATION, GOODWILL, MONEY, OR SIMILAR CLAIMS OR DAMAGES. EVEN IF EarthView3d WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN TORT, CONTRACT, OR OTHERWISE, OR FOR ANY CLAIMS RELATED TO OMISSIONS, ERRORS, OR INACCURACIES ON THE SITE OR EXTENSION.
IT SHOULD BE NOTED THAT CERTAIN JURISDICTIONS OR STATES MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES. THEREFORE, THE LIABILITY OF EarthView3d (INCLUDING ITS OFFICERS, DIRECTORS, OWNERS, MEMBERS, PARENTS, AFFILIATES, AND SUBSIDIARIES) WILL BE
LIMITED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
Disputes
If you have any concerns or inquiries regarding these Terms, the Site, or the Extension, please reach out to [email protected]. We will strive to respond to your email within thirty (30) days. If our response does not resolve the issue, you may pursue your claim or dispute according to the following process.
Any claims or disputes relating to these Terms, the Site, or the Extension will be resolved through final
and binding arbitration conducted by the American Arbitration Association. Furthermore, such claims or
disputes must be brought individually and not as part of a class or on behalf of a class. If you wish to
opt out of this provision, including the arbitration requirement and class action waiver, you must
contact
[email protected] within thirty (30)
days of downloading our Extension and communicate your decision to opt out.
Governing
Law and Venue
These Terms and the Privacy Policy will be governed by the laws of the state of California, without considering its conflicts-of-law rules. It is important to note that the laws of another jurisdiction may also apply to your usage of the Site and Extension. You explicitly agree that any claim or dispute involving EarthView3d, including those related to your use of the Site or Extension, will be exclusively resolved in the courts of California. This includes claims involving EarthView3d, its officers, directors, members, contractors, affiliates, employees, and content providers.
Entire Agreement
These Terms represent the comprehensive and definitive agreement between you and
EarthView3d concerning the Site and Extension, and they override any previous oral or written
agreements or discussions. These Terms can only be changed or revised by EarthView3d as
explained earlier.
Severability
If any part of these Terms is deemed invalid or unenforceable, it will be interpreted in a manner that aligns with applicable law to the best extent possible, reflecting the original intentions of the parties. The remaining provisions will continue to be valid and enforceable.
Contact
If you have any inquiries or concerns regarding these Terms, the Privacy Policy, the Site, or the Extension, please reach out to us at [email protected], and we will respond as promptly as possible.
Updated July 15, 2023