Terms of Use - EarthImages

Geocento Limited
Last modified: February 15, 2023
Welcome to EarthImages - the online application powered by Geocento Limited ("we" or "us"). The following terms and conditions, together with any documents incorporated by reference ("Terms of Use"), govern your access to and use of each or any of the following websites https://earthimages.geocento.com/, https://imagery.geocento.com/, https://eineo.geocento.com/ including any content, functionality and web services offered on or through each or any of theese websites ("Our website").

By using Our website, you agree to these Terms of Use. Please read them carefully.

OTHER APPLICABLE TERMS

These Terms of Use refer to our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using Our website, you consent to such processing and you warrant that all data provided by you is accurate.

INFORMATION ABOUT US

https://earthimages.geocento.com/, https://imagery.geocento.com/, https://eineo.geocento.com/ are websites operated by Geocento Limited. We are registered in England and Wales under company number 07868159 and our main trading address is Geocento Limited, Farthings, Stoke Road, Hurstbourne Tarrant, Andover, hampshire, United Kingdom. Our VAT number is GB138148703.

CHANGES TO THESE TERMS OF USE

We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

CHANGES TO OUR WEBSITE

We may update Our website from time to time, and may change the content at any time. However, please note that any of the content on Our website may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that Our website, or any content on them, will be free from errors or omissions.

ACCESSING OUR WEBSITE

Our website is made available free of charge.

We do not guarantee that Our website, or any content on it, will always be available or be uninterrupted. Access to Our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Our website without notice. We will not be liable to you if for any reason Our website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to Our website.

You are also responsible for ensuring that all persons who access Our website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in Our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on Our website must always be acknowledged.

Except for where any licence to which you enter into states otherwise, you must not use any part of the content on Our website for commercial purposes.

If you print off, copy or download any part of Our website in breach of these Terms of Use, your right to use Our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

NO RELIANCE ON INFORMATION

The content on Our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our website.

Although we make reasonable efforts to update the information on Our website, we make no representations, warranties or guarantees, whether express or implied, that the content on Our website is accurate, complete or up-to-date.

LIMITATION OF OUR LIABILITY

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

Our website is provided "as is" and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Our website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

- use of, or inability to use, Our website; or
- use of or reliance on any content displayed on Our website.

If you are a business user, please note that in particular, we will not be liable for:

- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.

We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on Our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

VIRUSES

We do not guarantee that Our website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access Our website. You should use your own virus protection software.

You must not misuse Our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our website, the server on which Our website is stored or any server, computer or database connected to Our website. You must not attack Our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our website will cease immediately.

LINKING TO OUR WEBSITE

You may link to the home page of Our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You may not use the Geocento trade mark or other proprietary graphic of ours to link to Our website without our express written permission.

You must not establish a link to Our website in any website that is not owned by you.

You may not frame any licensable material, logo or other proprietary information without our express written consent or unless granted such a right in a license.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on Our website other than that set out above, please send email to dataprotection@geocento.com.

ACCEPTABLE USE POLICY

You may use Our website only for lawful purposes.

You may not use Our website:

- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

- Not to reproduce, duplicate, copy or re-sell any part of Our website in contravention of these Terms of Use.
- Not to access without authority, interfere with, damage or disrupt:

= any part of Our website;
= any equipment or network on which Our website is stored;
= any software used in the provision of Our website; or
= any equipment or network or software owned or used by any third party.

INTERACTIVE SERVICES

We may from time to time provide interactive services on Our website.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on Our website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on Our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to Our website (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

SUSPENSION AND TERMONATION

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of Our website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the Terms of Use upon which you are permitted to use Our website, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use Our website.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to Our website.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

THIRD PARTY LINKS AND RESOURCES

Certain content and licensable material available via Our website may include materials from third parties. We may provide links to third-party websites as a convenience to you. You agree that we are not responsible for examining or evaluating the content or accuracy third party content and we do not warrant and will not have any liability or responsibility for any third-party content or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that we are not in any way responsible for any such use by you.
When leaving Our website by clicking a link to a third party site you should be aware that these Terms of Use will no longer apply and you will be subject to any Terms of Use of the owner of the site you are visiting. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

COPYRIGHT COMPLIANT

If you are a copyright owner or an agent thereof and believe that any content on Our website infringes upon your copyrights, you may submit a notification by providing us with the following information in writing:
- 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 copyright work claimed to have been infringed, or, if multiple copyright works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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 that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to dataprotection@geocento.com.
Upon receipt of notification the 'Notice and Takedown' procedure is then invoked as follows:
- We will acknowledge receipt of your complaint by email or letter and will make an initial assessment of the validity and plausibility of the complaint.
- Upon receipt of a valid complaint the material will be temporarily removed from Our website pending an agreed solution.
- We will contact the licensor who licensed the rights in the content to us, if relevant. The licensor will be notified that the material is subject to a complaint, under what allegations, and will be encouraged to assuage the complaints concerned.
- The complainant and the licensor will be encouraged to resolve the issue swiftly and amicably and to the satisfaction of both parties, with the following possible outcomes:

i. The material is replaced on Our website unchanged.
ii. The material is replaced on Our website with changes.
iii. The material is permanently removed from Our website.

If the contributor and the complainant are unable to agree a solution, the material will remain unavailable on the Portal until a time when a resolution has been reached.

APPLICABLE LAW

These Terms of Use, their subject matter and their formation, are governed by the laws of England and Wales. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms or their subject matter or formation (including non-contractual disputes or claims).

CONTACT INFORMATION

To contact us, please send email to dataprotection@geocento.com.