terms_of_use.htm

acis说明文档

<a name="3.1_Prohibited_Content"></a><h2> <span class="mw-headline"> 3.1 Prohibited Content</span></h2>
<p>You agree that you will not post any Prohibited Content. "<b>Prohibited Content</b>" includes Content that: 
</p>
<ul><li>(i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 
</li><li>(ii) bullies, harasses or advocates stalking, bullying, or harassment of another person; 
</li><li>(iii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing, or "spamming,"; 
</li><li>(iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 
</li><li>(v) infringes another person\鈥檚 Content without a license to do so, whether or not the intellectual property is registered (or filed for registration) in any country; 
</li><li>(vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person鈥檚 work, whether it is protected by copyright or trade secret law, or not, such as, without limitation, presenting the work of a third party as your own (plagiarism), providing stolen or illegally obtained Content, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; 
</li><li>(vii) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); 
</li><li>(viii) provides instructional information about illegal activities such as, without limitation, making or buying illegal weapons or substances, violating someone鈥檚 privacy, or providing or creating computer viruses and other harmful code; 
</li><li>(ix) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; 
</li><li>(x) except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; 
</li><li>(xi) contains viruses, Trojan horses, worms, time bombs, or similar software; or 
</li><li>(xii) otherwise violates the terms of this Agreement or creates liability for us. You represent and warrant that: 
<ul><li>(a) you own the Content posted by you on the Services or otherwise have the right to grant the license set forth in this Agreement and 
</li><li>(b) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person.
</li></ul>
</li></ul>
<a name="3.2_Breach"></a><h2> <span class="mw-headline"> 3.2 Breach</span></h2>
<p>Any use of the Services in violation of this Agreement may result in, among other things, immediate termination or suspension of your rights to use the Services. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems, customers, and other Visitors and Users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, Account information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.
</p>
<a name="3.3_Enforcement_by_Us"></a><h2> <span class="mw-headline"> 3.3 Enforcement by Us</span></h2>
<p>We have the right (but not the obligation) to review any Content and delete (or modify) any Content that in our sole judgment violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any Visitor, User, or any other person, or create liability for us or any Visitor or User.  We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing the Prohibited Content from the Services (or modifying it), terminating your Account, reporting you to law enforcement authorities, and taking legal action against you.
</p>
<a name="3.4_Non-Commercial_Use"></a><h2> <span class="mw-headline"> 3.4 Non-Commercial Use</span></h2>
<p>The Services are for the personal use of Visitors and Users only and may not be used to promote any commercial endeavors or to provide any professional services to any third party, except those that are specifically approved in writing by us or in connection with Services expressly designated for commercial use.  You will not engage in advertising to, or solicitation of, any Visitor or User to buy or sell any products or services through the Services.  Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice and may result in suspension or termination of your Account.
</p>
<a name="3.5_No_Disruption"></a><h2> <span class="mw-headline"> 3.5 No Disruption</span></h2>
<p>You will not: 
</p>
<ul><li>(i) cover or obscure the banner advertisements on your Account page, or any web page that is part of the Services via HTML/CSS, scripting, or any other means, 
</li><li>(ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; 
</li><li>(iii) without Spatial鈥檚 express written permission, introduce software or automated agents to the Services so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Services; or 
</li><li>(iv) interfere with, disrupt, or modify any data or equipment to manipulate the location-based functionality of the Services.
</li></ul>
<a name="3.6_Miscellaneous"></a><h2> <span class="mw-headline"> 3.6 Miscellaneous</span></h2>
<p>You will not attempt to impersonate another Visitor, User, or person, including any of our employees.  You will use the Services in a manner consistent with any and all applicable laws and regulations. 
</p>
<a name="4.0_OTHER_USERS_AND_THIRD_PARTIES"></a><h1> <span class="mw-headline"> 4.0 OTHER USERS AND THIRD PARTIES</span></h1>
<a name="4.1_Third_Party_Content"></a><h2> <span class="mw-headline"> 4.1 Third Party Content</span></h2>
<p>Content from other Users and third parties will be made available to you through the Services. Because we do not control such Content, you agree that we are not responsible for any such Content. Because we do not have control over such Content, we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, and third parties.
</p>
<a name="4.2_User_and_Visitor_Interaction"></a><h2> <span class="mw-headline"> 4.2 User and Visitor Interaction</span></h2>
<p>You will not use any Content and other information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Visitor or User without their prior explicit consent. In order to protect our Visitors and Users from such advertising or solicitation, we reserve the right to restrict the number of communications which a User may send to other Users and the sharing of any Content in any twenty-four (24) hour period to a number and amount which we deem appropriate in our sole discretion.
</p>
<a name="4.3_Third-Party_Websites"></a><h2> <span class="mw-headline"> 4.3 Third-Party Websites</span></h2>
<p>The Services might contain links to third-party websites (<b>"Third-Party Websites"</b>) 
</p>
<ul><li>(a) placed by us as a service to those interested in this information; or 
</li><li>(b) posted by other Users. 
</li></ul>
<p>You use all such links to Third-Party Websites at your own risk. We do not monitor or have any control over, and makes no claim or representation regarding Third-Party Websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites, or websites linking to the Product Documentation Site. When you leave the Product Documentation Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
</p>
<a name="5.0_COPYRIGHT_POLICY"></a><h1> <span class="mw-headline"> 5.0 COPYRIGHT POLICY</span></h1>
<p>It is our policy to terminate Account privileges of any User who infringes copyright upon prompt notification to us by the copyright owner or the copyright owner鈥檚 legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: 
</p>
<ul><li>(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 
</li><li>(ii) a description of the copyrighted work that you claim has been infringed; 
</li><li>(iii)  a description of where the material that you claim is infringing is located on the Services; 
</li><li>(iv)  your address, telephone number, and e-mail address; 
</li><li>(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 
</li><li>(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner鈥檚 behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
</li></ul>
<dl><dd><dl><dd>Spatial Corporation
</dd><dd>Attn: Copyright Agent
</dd><dd>310 Interlocken Parkway, Suite 200
</dd><dd>Broomfield, CO 80021-3468
</dd><dd>e-mail: <a href="mailto:[e-mail]" class="external text" title="mailto:[e-mail]" rel="nofollow">[e-mail]</a>
</dd></dl>
</dd></dl>
<p><br />
</p>
<a name="6.0_SECURITY"></a><h1> <span class="mw-headline"> 6.0 SECURITY</span></h1>
<p>We make reasonable efforts to protect your Account and data through the design of the Services as well as technical means, but no company, including Spatial, can fully eliminate security risks connected to handling data on the internet and you acknowledge, understand and agree that Spatial therefore cannot and does not guarantee the security of your data while it is transmitted over the Internet or stored on the Services. 
</p>
<a name="7.0_DISCLAIMERS"></a><h1> <span class="mw-headline"> 7.0 DISCLAIMERS</span></h1>
<p>THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE.  WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: 
</p>
<ul><li>(A) THE SERVICES WILL MEET YOUR REQUIREMENTS; 
</li><li>(B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR 
</li><li>(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
</li></ul>
<p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
</p>
<a name="8.0_LIMITATION_ON_LIABILITY"></a><h1> <span class="mw-headline"> 8.0 LIMITATION ON LIABILITY</span></h1>
<p>IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO TEN US DOLLARS ($10). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.  
</p><p><br />
</p>
<a name="9.0_RELEASE"></a><h1> <span class="mw-headline"> 9.0 RELEASE</span></h1>
<p>You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from: 
</p>
<ul><li>(i) any interactions with other Visitors and Users, 
</li><li>(ii) any incorrect or inaccurate Content (including any information in Accounts) posted on the Services, whether caused by Users or by any of the equipment or programming associated with or utilized in the Services, or 
</li><li>(iii) conduct of any Visitor or User of the Services. 
</li></ul>
<p><br />
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
</p><p><br />
</p>
<a name="10.0_GENERAL"></a><h1> <span class="mw-headline"> 10.0 GENERAL</span></h1>
<a name="10.1_Amendments"></a><h2> <span class="mw-headline"> 10.1 Amendments</span></h2>
<p>This Agreement may be modified by us from time to time.  If we make material changes to the Agreement, we will notify you by sending an e-mail to your e-mail address, as specified in your Account.  You agree that such amended Agreement will be effective thirty (30) days after being sent to you, and your continued use of the Services after that time shall constitute your acceptance of the amended Agreement.
</p><p><br />
</p>
<a name="10.2_Force_Majeure"></a><h2> <span class="mw-headline"> 10.2 Force Majeure</span></h2>
<p>Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.
</p>
<a name="10.3_Survival"></a><h2> <span class="mw-headline"> 10.3 Survival</span></h2>
<p>The provisions under Sections 2, 3, 4, 5, 7, 8, 9, and 10 will survive termination of this Agreement for any reason.
</p>
<a name="10.4_Indemnity"></a><h2> <span class="mw-headline"> 10.4 Indemnity</span></h2>
<p>You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney鈥檚 fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement. 
</p>
<a name="10.5_U.S._Export_Controls"></a><h2> <span class="mw-headline"> 10.5 U.S. Export Controls</span></h2>
<p>No software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws.  By downloading or using any software, you represent and warrant that such download or use is not in violation of any such law. 
</p>
<a name="10.6_Governing_Law_and_Arbitration"></a><h2> <span class="mw-headline"> 10.6 Governing Law and Arbitration</span></h2>
<p>This Agreement shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of Colorado for the purpose of litigating all such claims or disputes. Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: 
</p>
<ul><li>a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; 
</li><li>b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and 
</li><li>c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.