Terms of Use

These Terms of Use and License (these “Terms”) contain the legal terms and conditions that apply to your use of our website at www.terraserver.com (“website”) and any image data licenses or other products or services that you purchase from us. If you use our website or purchase products or services from TerraServer, you are considered to have understood and agreed to these Terms.

Please note that these Terms contain a mandatory arbitration provision that limits the remedies available to you in the event of certain disputes.

In these Terms, the words “we”, “us”, and “our” refer to TerraServer, a division of Precision Hawk USA, Inc. The words “you” and “your” refer to you individually, if you accessed our website for personal purposes, or the organization that you represent, if you accessed our website on behalf of an organization. If you accept these Terms on behalf of an organization, you represent and warrant that you have the right and authority to do so and to bind such organization to these Terms.

Updates:

We may change these Terms from time to time, by posting updates to our website. An update will be effective for any website use or purchase after the date of the update. We encourage you to review our Terms from time to time for possible changes. Your use of our website or purchase of products or services from us after an update constitutes your agreement to the update.

Privacy:

Please review our Privacy Policy , which also governs your visit to our website and describes our practices concerning collection and use of information about visitors and customers, including our use of cookies.

Electronic Communications:

When you visit our website or send emails or other Internet communications to us, you are communicating with us electronically. You consent to receive communications from us electronically as permitted by law. We may communicate with you by email or by posting notices on the website to which you directed your communications. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that the communications be in writing.

Your Account:

If you open an account with us, you agree to provide accurate and complete account information. You also agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer system, and you accept responsibility for all activities by persons using your account or password. We do not sell products or services intended for children. We reserve the right to refuse service, terminate accounts, remove or edit account information, or cancel orders in our sole discretion.

If you use fraudulent credit card information to open an account, purchase a subscription or image data licenses or otherwise engage in criminal activity affecting TerraServer, TerraServer will notify appropriate government authorities.

Licenses of Images and Associated Information-

Applicable License Terms:

The aerial images, satellite images, real estate parcel attribute data, maps, and other associated information and data provided by TerraServer, all referred to as “image data”, are protected by copyright and are the property of TerraServer, its licensors, partners, and/or associates. The image data that you receive are licensed, not sold, and when you make a purchase from us the product that you are purchasing is a license with respect to the image data that you have chosen, which provides you with limited use and distribution rights. The terms of this license are as stated in these Terms, and may not be modified by any purchase order (whether or not accepted) or other document or any email or other communication that is not provided by TerraServer in a writing that includes an express statement that it is intended to modify or to supplement the terms of this license. By accessing and/or downloading any image data, you agree to this license as stated in these Terms.

License Grant:

Upon our receipt of your payment, TerraServer grants you a non-exclusive, non-transferable limited license, without the right to sublicense, to use the image data solely for personal use (if you are an individual) or internal business use within your normal scope of business (if you are an organization).

Restrictions and Limitations:

You, and only you, are the authorized licensee under this license. Use of the image data by any other party, except your contractors using the image data solely on your behalf, is not permitted and is considered a violation of this license and of the copyright of the owner of the image data.

You are not authorized to sell the image data or to transfer your license to the image data. You are not authorized to distribute or allow others to distribute any image data, in electronic, printed or other form. You may not publish image data, in electronic, printed or other form, without specific written permission of TerraServer.

Except as may be allowed by applicable law for your personal use, the image data may not be reproduced in digital form, in whole or in part, without the express written permission of TerraServer or pursuant to the express terms of an enhanced license.

You are not authorized to use the image data, in whole or in part, as or as part of a trademark, service mark, logo, or other indication of origin.

Without limiting the foregoing, you may not (a) sublicense, transfer, assign, rent, lease, publish or otherwise convey the image data, or any right with respect thereto, to any third party; (b) disassemble, decompile or otherwise reverse engineer all or any portion of the image data; (c) remove from the image data, or alter, any trademarks, trade names, logos, patent or copyright notices or other proprietary notices or markings, or add any other notices or markings to the image data.

In addition, you agree that you will not falsely represent, expressly or by way of reasonable implication, that any image data was created by you or a person other than the copyright holder(s) of that image data.

Attribution:

You agree that any distribution of the image data will include an attribution to TerraServer and to TerraServer’s licensor, if any, in the form of “Image courtesy of TerraServer/[Licensor]”, which may be shortened if necessary to “Image: TerraServer/[Licensor]”. You will be provided with the name of any licensor at the time that you download the image data from us.

Ownership:

The image data is the property of TerraServer, its licensors, partners, and/or associates and is subject to protection under copyright and other intellectual property laws.

TerraServer and/or its licensors, partners, associates reserves title and all rights and interests in and to the image data, including without limitation all patent rights, copyrights, trademarks, trade names, trade secrets and other intellectual property and proprietary rights. There are no implied licenses, and all rights not expressly granted in this license are reserved by TerraServer. No course of dealing or industry practice shall serve to expand or modify the terms of this license.

Security:

You agree to ensure that reasonable steps are taken to protect the image data from unauthorized reproduction and usage. This could include as needed, but is not limited to, software security measures that are appropriate for the system of usage and/or method of distribution, and a copyright notice as is appropriate for the method of distribution.

Export Control:

You agree and acknowledge that the image data is provided from servers located in the United States of America, and that export of the image data is subject to U.S. export control laws and regulations. You agree that you will comply with all applicable laws and regulations in your use of the information under this Agreement, including without limitation all export laws and regulations of the United States. Without limiting the foregoing, you expressly agree not to export or re-export the image data in violation of such laws or regulations, or without all required licenses and authorizations.

Subscriptions:

If you have purchased a subscription, your subscription will automatically renew at the end of its term until you have canceled. You can cancel at any time through the online subscriber options at our website. You can also cancel by contacting us at sales@terraserver.com

Recurring billing will be charged each week, month or year on the same calendar day as your subscription originally began, and you acknowledge and agree that TerraServer (or our third party payment processor) is authorized to charge you the subscription fee for each renewal period that starts prior to cancellation. Once you have cancelled your subscription you will still have full access to your subscription until it expires at the end of your current subscription term. After you have cancelled, you can reactivate recurring billing if your subscription has not yet expired. If your subscription expires, you will have to manually renew your subscription with a new purchase.

Image data downloads and print orders are not included in the subscription price. They must still be purchased separately. A subscription is not required to order image data or prints, but a subscription can be helpful in the selection process in many situations. You can purchase image data licenses and prints at resolutions both at any resolution and without watermarks without a subscription.

There is no additional access to extra locations or imagery that is not available to non-subscribers. That means searches you perform before subscribing will yield the same results as those you receive after subscribing.

Availability of Licensed Images:

Image data subject to licenses purchased from TerraServer will remain available for download for a minimum of ten (10) days following purchase. Due to licensing agreements between TerraServer and its licensors, storage constraints, and support costs there is no guarantee that imagery will still be available more than ten (10) days after purchase.

Additionally, if your subscription expires and is inactive for over thirty (30) days, your saved information such as Order History and Imagery Favorites may be removed if your subscription continues to remain inactive.

Refund Policy:

Except when required by law, no purchases will be refunded, and once you have subscribed no refunds of your subscription fee will be provided. If you do not cancel a subscription before the end of your current term and your subscription is automatically renewed, there will be no refund of the renewal charge.

We do not guarantee image coverage of any particular area, so please search the website before you purchase a license to image data. Imagery quality, date, resolution and availability vary greatly depending on the geographic location depicted.

If a downloaded digital image file is corrupt, or is not the image type or resolution ordered, or does not cover the area specified during the purchase transaction for that image data, TerraServer will provide a replacement image. If you intentionally or accidentally attempt to purchase an image for any area not actually available in the TerraServer database, no refunds will be provided.

Prices:

All prices offered by TerraServer are stated in US Dollars and are exclusive of sales tax, VAT, or other government charges on your purchase transaction, which you agree to pay in addition to TerraServer’s price.

Limitations on Warranties and Liability; Indemnity

We attempt to be accurate with regard to information posted on our website. However, we do not warrant that image descriptions or other content on this website are accurate, complete, reliable, current, or error-free. ALL IMAGE DATA AND ALL INFORMATION PUBLISHED ON OUR WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, quality, accuracy, completeness, effectiveness, reliability, usefulness, results to be obtained from image data, or that image data will be error-free.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TERRASERVER AND ITS AFFILIATES and their respective DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FROM ANY CLAIM LOSS, COST OR LIABILITY, INCLUDING BUT NOT LIMITED TO reasonable ATTORNEYS’ FEES, THAT SUCH PARTIES MAY INCUR AS A RESULT OF YOUR BREACH OF an image data license OR RELATING TO YOUR USE OF IMAGE DATA or other information or materials provided through our website.

Under no circumstances will TerraServer OR ITS AFFILIATES be liable for INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OR FOR ANY LOST PROFITS, LOSS OF BUSINESS OR LOSS OF DATA IN CONNECTION WITH ANY LICENSE OF IMAGE DATA OR YOUR USE OR INABILITY TO USE IMAGE DATA, THIS WEBSITE OR ANY FEATURE OR FUNCTION OF THIS WEBSITE. IN NO EVENT WILL TERRASERVER OR ITS AFFILIATES BE LIABLE IN CONNECTION WITH YOUR USE OF IMAGE DATA OR THIS WEBSITE FOR A TOTAL AMOUNT THAT EXCEEDS (I) in the case of a claim involving image data, THE TOTAL OF license PAYMENTS RECEIVED BY TERRASERVER FROM YOU for such image data or (ii) in the case of a claim not involving image data, $250 USD. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE SOLE LIABILITY AND OBLIGATION OF TERRASERVER AND ITS AFFILIATES and their respective DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS IN CONNECTION WITH OUR WEBSITE OR IMAGE DATA, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, even if we are informed of possibility OF SUCH CLAIMS OR DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

We have no intention of distributing any electronic materials designed to deliberately cause errors in or disrupt use of any computer system. It is your responsibility, however, to take precautions to ensure that image data files or other information that you may download from our website are free of viruses and other malware. We have no liability for any virus or other malware introduced to your computer system through access to or download from our website.

WEBSITE USE RESTRICTIONS AND INFORMATION THAT YOU PROVIDE TO US

As a visitor to or user of our website, you agree that you will not:

  • Interfere with the operation of our website through the use of viruses, programs or technology designed to disrupt or damage software or hardware or to gain unauthorized access to information;
  • Employ a robot, spider or other process or device to harvest email addresses or other visitor information or to monitor activity on our website;
  • Impersonate another person or entity or forge any electronic communication or message;
  • Transmit or post information in violation of confidentiality agreements or the intellectual property or personal representation rights of any other person; or
  • Violate any applicable local, national or international laws.

TRADEMARKS AND WEBSITE LINKS AND FEEDS

All trademarks, product and company names mentioned in our website that are not owned by us are the property of their respective owners, who may not be affiliated with, connected to, or sponsored by us, and mention of these items does not imply specific product or vendor endorsement, sponsorship or association.

Without express written permission from us, you may not:

  • Create links to any part of this website;
  • Use any name, logo or other trademark of TerraServer as part of any link;
  • Frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) presented on our website;
  • Use any meta tags or any other hidden text using names or trademarks of TerraServer or Precision Hawk USA, Inc.

Our website may contain links to other websites over which we have no control and that are independent of TerraServer even though they may contain TerraServer logos or icons. The inclusion of any link does not imply our endorsement of such websites or of the contents or owners of such websites, and we are not responsible for the content or the use of such websites or the actions of the owners of those websites.

Our website may display feeds from our social media accounts, such as Facebook and Twitter accounts, as well as feeds from other parties, which contain information that we did not generate. The persons contributing the information into the feeds displayed on our website are solely responsible for that information. We have the right to monitor, review and edit or delete the information, but are not required to, and we are not responsible for the information as displayed.

Access to Password Protected/Secure Areas

Access to and use of password protected or secure areas of our website is restricted to authorized users only. Unauthorized individuals attempting to access those areas of our website may be subject to prosecution.

Copyright And Copying Of Website Content

Copyright to our website and all content is owned by TerraServer and its licensors. You may download, display and print information (other than image data) that is displayed on our website for your personal, non-commercial use, including to evaluate TerraServer products and services for use in your business. Any other copying, distribution, re-transmission or publication of any information posted on our website is strictly prohibited without the express written consent of TerraServer.

Copyright Infringement Claims

If you believe that any information contained in our website infringes your copyright, you should notify TerraServer of your copyright infringement claim in accordance with the procedure in the next paragraph. TerraServer will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.

Procedure for Notifying TerraServer of Copyright Infringement

To provide TerraServer notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification" to legal@terraserver.com that includes the information specified by the DMCA. You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright. TerraServer's designated Copyright Agent to receive notifications of claimed infringement is:

  • Copyright Agent
  • Precision Hawk USA, Inc.
  • 8601 Six Forks Road, Forum I, Suite 600
  • Raleigh, NC 27615 USA
  • Email: legal@terraserver.com

Only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to the other contacts provided on our website. You acknowledge that if you do not comply with all of the requirements of this paragraph, your DMCA notice may not be valid.

English Language

You agree that there is no requirement to translate all or any portion of our website or the information provided through our website into any other language than the ones in which it appears. You further agree that all contractual and transactional communications between you and us shall be in the English language, and that there is no requirement to translate any communication into any other language.

Indemnification Procedure

If any claim, suit or proceeding (referred to as a Claim) brought against us is within the scope of an indemnity that you have provided under these Terms, we will give you notice of the Claim at the most recent email address for you in our records. We will conduct the defense of the Claim and you will assist in the defense as we reasonably request. You agree that you will not, and will have no authority to, settle or compromise any Claim without our express written approval. We will send invoices to you from time to time showing the losses, costs or liabilities that we have incurred, and you agree to pay the invoices within thirty days of the invoice date. Invoices not paid within thirty days for any reason, including but not limited to difficulty in locating you and providing you with the invoices, accrue interest at the rate of five percent (5%) per year, compounded monthly, or the highest rate allowed by law, if less.

Governing Law and Jurisdiction

Our website is controlled by TerraServer from its offices in Raleigh, Wake County, North Carolina, in the United States of America. All matters relating to access to, or use of, our website, image data licenses and purchase of our products and services are governed by the laws of the State of North Carolina, without regard to conflicts of laws provisions. Any legal action or proceeding relating to these Terms, access to, or use of, this website, the information our website contains, or the purchase of image data licenses is subject to the exclusive jurisdiction of the state and federal courts located in Wake County, North Carolina. You and TerraServer agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any legal action or proceeding.

Enforcement

Any unauthorized use of our website terminates your permission to access and use our website and may subject you to prosecution.

If any provision in these Terms is found invalid or unenforceable for any reason, that provision shall be considered severable from the other provisions and shall not affect the validity or enforceability of the remaining provisions.

No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and TerraServer’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided in these Terms, these Terms are intended solely for the benefit of you and TerraServer and are not intended to confer third party beneficiary rights upon any other person or entity.

Dispute Resolution and Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH TERRASERVER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and TerraServer agree to waive your and TerraServer’s respective rights to have any and all Disputes arising from or related to these Terms, or the website or our products, resolved in a court. Instead, you and TerraServer agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

No Class Arbitrations, Class Actions, or Representative Actions

You and TerraServer agree that any Dispute arising out of or related to these Terms or the website or our products or services is personal to you and TerraServer and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and TerraServer agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and TerraServer agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Federal Arbitration Act

You and TerraServer agree that these Terms affect interstate commerce and that the enforceability of this Section on “Dispute Resolution and Arbitration” shall be both substantively and procedurally governed by and construed and enforced in accordance with the US Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

Notice of Dispute and Information Dispute Resolution

You and TerraServer agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to TerraServer shall be sent by certified mail or courier to TerraServer, Attn: General Counsel, Precision Hawk USA, Inc., 9001 Glenwood Avenue, Suite 100, Raleigh, NC 27617. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your TerraServer account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with these Terms of Use and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and TerraServer cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or TerraServer may, as appropriate and in accordance with this Section, commence an arbitration proceeding or, to the extent specifically provided for in the paragraph above entitled “Binding Arbitration”, file a claim in court.

Process

Except for Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and TerraServer agree that any Dispute must be commenced or filed by you or TerraServer within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and TerraServer will no longer have the right to assert such claim regarding the Dispute). You and TerraServer agree that (a) any arbitration will occur in the State of North Carolina, Wake County, (b) arbitration will be conducted confidentially by a single arbitrator under the rules of the American Arbitration Association (AAA), including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879; payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, which are hereby incorporated by reference, and (c) that the state or federal courts of the State of North Carolina and of the United States, respectively, sitting in the State of North Carolina, Wake County, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

Authority of Arbitrator

As limited by the FAA, these Terms of Use and the applicable AAA rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Use. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Opt-Out Right

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of these Terms of Use by writing to: Precision Hawk USA, Inc., 8601 Six Forks Road, Forum I, Suite 600, Raleigh, NC 27615 USA, Email: legal@terraserver.com. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the Section above on “Governing Law and Jurisdiction”.

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