Effective Date: February 10, 2023
Your Agreement to these Terms.
Product-Specific Terms and Conditions
Modifications to Terms.
EarthDaily reserves the right to modify these Terms and any Additional Terms at any time, and if we do, we will notify you by revising the date on the updated terms and, in some cases, we may provide you with additional notice. You should review the Terms and such Additional Terms regularly. By accessing or using the Website or the applicable product or service after any such modifications, you agree to be bound by, and comply with, the Terms or Additional Terms then posted. If any modification is not acceptable to you, you must cease accessing and using the Website and our products and services.
Website and Service Changes.
We reserve the right to withdraw or modify all or part of the Website in our sole discretion without notice. We may update the content on the Website from time to time, but its content is not necessarily complete or current. We may also suspend or discontinue any part of the products and services offered on our Websites, or we may introduce new features or impose limits on certain features or restrict access to parts or all of such services. We’ll try to give you notice when we make a material change to such services that would adversely affect you, but this isn’t always possible or practical. Except as expressly set out in any Additional Terms, we will not be liable if for any reason all or any part of the Website or our products or services are unavailable at any time or for any period.
Termination and Suspension.
EarthDaily reserves the right to terminate or suspend access to your use of our Websites or your account for any reason in our discretion, including your breach of these Terms or any applicable Additional Terms. EarthDaily has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in destruction of any content associated with your account. Provisions that, by their nature, should survive termination of these Terms shall survive termination. For example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding governing law and disputes between us.
Ownership of Website Content.
The Website and its entire contents, features and functionality (including all images, information, software, source code, text, displays, data, analytics, video, audio, and the design, selection and arrangement thereof), are owned by us and our licensors or other providers and are protected by Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us.
You may access and use the Website and its content only in accordance with all applicable laws and these Terms, or except as expressly permitted by any Additional Terms which may apply to specific products and services we offer. These basic Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website or do anything else, except as follows:
- Your computer may temporarily store copies of these materials incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your web browser for display enhancement purposes;
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution except as otherwise specifically permitted by these Terms; and
- You may use the Website’s images, tools and applications only as permitted by these Terms.
Where we provide certain content or data or access to certain products and services for evaluation or demonstration purposes, its use is subject to the Additional Terms that are provided to you with such content, products or services.
Without the prior written consent of EarthDaily, you may not access the Website or use the Website or its content for any purpose that is outside the scope of the Permitted Uses listed above, or that violates the rights of EarthDaily or any other person. Without limiting the foregoing, without such consent, you may NOT engage in, or perform, directly or indirectly, any of the following activities with the Website or its content or any portion thereof, except as may be expressly permitted by separate Additional Terms:
- No distribution. Making available, distributing, displaying, posting, disseminating, publishing, republishing, retransmitting, communicating to the public, or broadcasting;
- No modification. Creating a derivative work, modifying, translating, selecting, arranging, merging, compiling or otherwise combining with other data or other content or framing from or on another website, or using any imagery, data, analytics, illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, or deleting or altering any copyright, trademark or other proprietary rights notices from copies of materials from the Website;
- No copying. Copying or storing any significant portion of the Website’s content;
- No scraping or automated processes. Scraping, whether screen scraping, database scraping, or any other activity intended to collect, store, reorganize, summarize or manipulate any content, whether by an automatic program or a manual process, or use of any robot, spider or other automatic device, process or means to access the Website for any purpose, including running mail-lists, any form of auto-responder or “spam” on the Websites, or any processes that run or are activated while you are not logged into the Websites, or that otherwise interfere with the proper working of the Websites, including by placing an unreasonable load on our infrastructure;
- No transaction.Selling, licensing, sublicensing or engaging in any other commercial transaction relating to the Website, its content or any reproduction of all or any portion thereof in any medium;
- No decompilation.Decompiling, disassembling, reverse engineering or other exploitation of the Website, its architecture or the underlying software or code;
- No IP infringement. Infringing or violating the intellectual property rights or any other rights of anyone else, including EarthDail);
- No violation of law. Violating any law or regulation, including any applicable export control laws;
- No threat to security. Jeopardizing the security of your or any EarthDaily account, such as allowing someone else to log in to the Website as you, attempting, in any manner, to obtain the password, account, or other security information from any other user, violating the security of any computer network, cracking any passwords or security encryption codes, or introducing any viruses, Trojan horses, worms or other material that is malicious or technologically harmful; and
- Not outside permitted uses. Any activity that is outside the scope of activity permitted by the Terms.
Export Control Laws and Sanctions Compliance.
You may not access, download, use or export our Website, its content or any of our products and services in violation of Canadian or U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any Canadian, United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available our products, services or content in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of our Websites outside Canada. Neither the contents of our Websites, our products and services, nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, to anyone in contravention of Canada’s United Nations Act and/or Special Economic Measures Act, the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders or other lists which may be issued by applicable governments from time to time. By agreeing to these Terms, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Where you provide a link to the Website from another website, EarthDaily reserves the right to require you to disable such link. The Website may, for convenience, provide links to websites of other parties. The content in any website to which the Website provides a link is not provided by, or under the control of, EarthDaily, and if you choose to access any such website, you do so entirely at your own risk. Neither EarthDaily nor any EarthDaily employee or agent endorses or republishes any content contained on any website that links to, or may be linked from, the Website or provides any representation, warranty or guarantee regarding the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose of any such website or the content thereon.
Feedback and User Submissions.
We welcome your feedback and suggestions about our products, services and the Website and may offer opportunities for it to be submitted on our Websites. By submitting any suggestions, questions, information, material or other content (collectively, “Feedback”), you represent and warrant that this Feedback does not infringe or violate the intellectual property or proprietary rights of any third party and that you have all rights necessary to convey to us and for us to use this Feedback. By providing any Feedback, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties the Feedback for any purpose. All Feedback is considered non-confidential and non-proprietary. Feedback represents the thoughts and opinions of the individual contributing the Feedback and does not necessarily reflect our opinion or endorsement. Where comments are welcomed, we encourage you to use the feature to contribute to the dialogue or share your Feedback. However, Feedback must comply with all applicable local and international laws and regulations, be relevant to the post or topic to which you are commenting and be respectful of us and other users. Feedback must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other legal rights of any other person;
- Be likely to deceive any person;
- Promote any illegal activity or advocate, promote or assist any unlawful act;
- Misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities, including contests, sweepstakes and other promotions; or
- Give the impression that they are endorsed by us or others if this is not the case.
We have the right to remove or refuse to post any Feedback for any or no reason in our sole discretion. However, we do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
Copyright of EarthDaily.
All content, including all (i) text, data and other literary works; (ii) logos, designs, graphics, images, photographs, artwork and other artistic works; (iii) musical works and other sounds; (iv) videos and all audio-visual works; (v) performances; (vi) other materials, including analytics, algorithms and tools; (vii) selections, arrangements, compilations, modifications and enhancements of all of the foregoing; (viii) software, including program source code that may execute on the Website’s servers or that may be embedded or be downloadable from individual webpages on the Website; and (ix) the architecture and layout of the Website and webpages thereon, is protected by copyright owned by, or licensed to, EarthDaily.
Trademarks of EarthDaily.
The following trademarks and all script and design variations thereof are trademarks of EarthDaily Analytics Corp. and/or its affiliates: “EarthDaily” “EarthDaily Analytics”, “EarthDaily Agro”, “Earth Data Store”, “EarthMosaics”, “EarthDaily Constellation”, “EarthPlatform”, “GEOSYS” and “EarthPipeline”. This list may be modified or supplemented from time to time and should not be considered comprehensive.
Risks You Assume.
Access to, and use of, the Website and the downloading of any content are done at your own risk. EarthDaily does not represent, warrant or guarantee that the Website or its content is compatible with your computer systems or that the Website or its content is or will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties or has harmful effects. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Website.
Disclaimer and Limitation of Liability.
THE WEBSITE AND ALL CONTENT, PRODUCTS AND SERVICES THEREON OR DELIVERED THEREBY ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACCESS TO, AND USE OF, THE WEBSITE OR OUR PRODUCTS AND SERVICES THROUGH OUR WEBSITES IS AT YOUR OWN RISK. NEITHER EARTHDAILY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS OR REPRESENTATIVES (COLLECTIVELY, “EARTHDAILY REPRESENTATIVES”) MAKES ANY REPRESENTATION, WARRANTY OR CONDITION ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR RELATED RIGHTS, OF THE WEBSITE, ITS CONTENT OR OUR PRODUCTS AND SERVICES AVAIALBLE THROUGH OUR WEBSITES. NEITHER EARTHDAILY NOR ANY EARTHDAILY REPRESENTATIVE ASSUMES ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE WEBSITE, ITS CONTENT OR OUR PRODUCTS AND SERVICES AVAIALBLE THROUGH OUR WEBSITES.
TO THE FULLEST EXTENT PERMITTED BY LAW, EARTHDAILY AND ALL EARTHDAILY REPRESENTATIVES DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE, ITS CONTENT AND OUR PRODUCTS AND SERVICES AVAIALBLE THROUGH OUR WEBSITES, WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS OR THAT THE WEBSITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL EARTHDAILY OR ANY EARTHDAILY REPRESENTATIVES BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, WHETHER OR NOT EARTHDAILY OR ANY EARTHDAILY REPRESENTATIVES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEBSITE, ITS CONTENT OR OUR PRODUCTS AND SERVICES AVAIALBLE THROUGH OUR WEBSITES.
The Terms, including any documents referenced herein, constitute the entire agreement between EarthDaily and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and EarthDaily with respect to the Website or its content. A printed version of the Terms and of any notice given in electronic form will be admissible in judicial administrative or arbitral proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any failure by EarthDaily to insist upon or enforce strict performance of any provision of the Terms will not be construed as a waiver of any provisions or right. If any of the provisions contained in the Terms are determined to be void, invalid or otherwise unenforceable by an arbitrator or court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein or the affected provision in a jurisdiction outside the jurisdiction of such court.
The interpretation, validity, effect and enforcement of the Terms are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein. These laws apply to the access and use of the Website or its content by you, notwithstanding any conflicts of laws principles, your domicile, residency or physical location, or the location of the EarthDaily office or any EarthDaily Representatives with whom you may communicate or deal. The Website and its content are intended for use only in jurisdictions where they may lawfully be provided for use.
All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, shall be arbitrated and finally resolved, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Vancouver, British Columbia, Canada. The language of the arbitration shall be English. However, in the event that EarthDaily determines that any breach or other violation of the Terms, or any violation of the intellectual property, privacy or other rights of EarthDaily or any EarthDaily Representatives, does or will result in immediate or irreparable harm to EarthDaily or the applicable EarthDaily Representatives, EarthDaily and the applicable EarthDaily Representatives may seek relief in the way of interim, temporary and permanent injunctions and such other and further relief as a court may deem just and proper. You hereby consent and submit to the jurisdiction of the courts of the Province of British Columbia and the Federal Court of Canada in any such action or proceeding and agree not to commence any action or proceeding except in Vancouver, British Columbia, Canada.