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User Agreement
Welcome to SkylineGlobe ("SkylineGlobe"), an online service brought to you by Skyline Software Systems Inc., ("Skyline"). SkylineGlobe is designed to let you find, create and share web pages that incorporate Skyline's unique 3D earth visualization software, technology that allows users to virtually fly anyplace on the planet and see it from any perspective.
This User Agreement (this "Agreement") describes the legal terms and conditions of your use of SkylineGlobe, including our development tools and hosting service. Part 1 describes the terms applicable to each visitor to SkylineGlobe and to anyone who uses our tools to develop web pages for display through the service. Part 2 describes additional terms applicable to those developers that wish to charge visitors to the web pages they create through the service and display on SkylineGlobe ("Service Level 2").
This Agreement creates binding legal obligations for you so please read this document carefully. You will need to check a box to indicate your understanding of and agreement to these terms. If you do not agree to these terms, you will not be given access to SkylineGlobe.
Part 1: Terms that Apply to All Visitors and Developers
1. Company Information. SkylineGlobe is operated by Skyline Software Systems, Inc., a Delaware corporation with offices at 4506 Daly Drive, Chantilly, Virginia 20151. If you have any questions about our service, you can send an email to support@skylineglobe.com.
2. License to Tools and Images. Subject to the terms and conditions of this Agreement, Skyline grants you a license to use the development tools, including related documentation, and 3D earth visualization images provided through SkylineGlobe, solely for the purpose of developing web pages to be displayed through SkylineGlobe in accordance with the terms hereof. The web pages created by you and users like you are referred to in this Agreement as the "Web Pages". Skyline expressly reserves all other interest and rights in Skyline Online and its underlying technologies and may terminate this license, in whole or in part (including without limitation in respect to particular third party tools or data sets) at any time. You are not entitled copy, modify, distribute, display, decompile or reverse engineer any software code provided to you by Skyline or included in SkylineGlobe. You may not remove any copyright, trademark or other legal notice from any portion of SkylineGlobe, including any Web Pages or materials provided to you by Skyline.
3. Your Materials. You will own the content and software code you contribute to your Web Pages ("Your Materials") and hereby grant Skyline the right to display Your Materials in connection with your Web Pages. You may request removal of Your Materials and Web Pages from SkylineGlobe at any time, and Skyline will discontinue access to those Web Pages within a reasonable time. You are solely responsible for maintaining back-ups of Your Materials and you will not be entitled to receive a copy of Your Materials from Skyline. Skyline may keep a copy of Your Materials for archival purposes. You must promptly address any problems with the content or functionality of Your Materials, including any complaints received by Skyline from third parties. You represent and warrant to Skyline that you have all of the rights needed to display Your Materials through SkylineGlobe; that Your Materials do not and will not defame, invade the privacy or violate any other rights of any person; and that Your Materials do not and will not contain any kind of virus, worm, trojan horse or other programs designed to damage or allow unauthorized access to SkylineGlobe or that may cause any defect or corruption of SkylineGlobe. You will pay any and all losses and damages incurred by Skyline in connection with any breach of the provisions of this Section 3 or Section 4 below, and you will indemnify, defend and hold harmless Skyline from any third party claims that arise from such breaches or alleged breaches. Skyline may remove or disable access to Your Materials and Web Pages at any time for any reason.
4. Your Conduct. You promise to provide only true, accurate and correct information to Skyline and to maintain such information so that it is never false or misleading in any way. You are responsible for all activity that takes place under your account. You promise to use SkylineGlobe and Skyline’s materials only in accordance with the documentation provided to you by Skyline from time to time, including, for example, any limitations on file size or storage allocation, as may be modified by Skyline from time to time. You promise to use SkylineGlobe in accordance with all applicable laws, including, for example, laws relating to computer fraud and abuse, advertising and the collection and use of personal information. You may not impersonate another person or entity or falsify or remove author credits or legal or proprietary notices. You may not charge third parties, directly or indirectly, for access to Web Pages or any other aspect of SkylineGlobe, except as allowed by Skyline through its Service Level 2 offerings. You may not frame Web Pages or otherwise disguise their origin, except as allowed by Skyline through its Service Level 3 offering. You shall not attempt to gain unauthorized access to SkylineGlobe or otherwise interfere with or disrupt the service. You shall not use any automated means (e.g. robots or spiders) to obtain information from SkylineGlobe or, though SkylineGlobe, from any other website.
5. Content Generally. Skyline does not control the content of any user's Web Pages, including information about third party products and services. Skyline does not have any obligation to monitor such content for any purpose. If you believe that your rights have been violated by any material contained on any Web Pages, please contact us at support@skylineglobe.com. Before acting on your request, we will ask you to provide us with certain information required under the Digital Millennium Copyright Act or other applicable laws. Skyline reserves the right to remove any content, block email and IP addresses, and terminate any account, without notice for any reason.
6. Service Availability; Loss of Materials. Skyline will use reasonable efforts to maintain availability to SkylineGlobe and to minimize disruptions to the SkylineGlobe service, but will have no liability for interruptions. You are solely responsible for creating back-ups of Your Materials.
7. Privacy. Skyline respects the privacy of its users. Click on this link to review Skyline's privacy policy, which is hereby incorporated into this Agreement.
8. Trademark and Copyright Notice. SkylineGlobe and all other graphics, logos, marks and trade names used in connection with this service are the property of Skyline or its licensors and may not be used without permission for any purpose. All copyrights in SkylineGlobe and all related materials are owned by Skyline or its licensors, unless otherwise stated.
9. Disclaimer of Warranties. SKYLINEGLOBE IS PROVIDED TO YOU "AS IS" AND "WITH ALL FAULTS". SKYLINE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, SKYLINE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY OR PERFORMANCE OF SKYLINEGLOBE. Certain states prohibit the disclaimer of warranties in certain cases, so the above may not apply to you in all instances.
THE DOWNLOADING OR SUBMISSION OF ANY MATERIALS IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO ANY CONTENT, IMAGE, COMPUTER SYSTEM OR DATA THAT MAY RESULT FROM YOUR USE OF SKYLINEGLOBE.
SKYLINE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, INTERRUPTION, SUSPENSION OR DISCONTINUATION OF SKYLINEGLOBE.
YOU ACKNOWLEDGE THAT SKYLINEGLOBE WAS NOT DESIGNED FOR HIGH RISK ACTIVITIES AND, ACCORDINGLY, MAY NOT BE USED IN CONNECTION WITH MEDICAL, TRANSPORTATION (INCLUDING RAIL AND AIR), NUCLEAR, MILITARY OR OTHER HIGH RISK APPLICATIONS. If you are interested in any of the foregoing you should contact Skyline directly.
10. Exclusion of Damages. TO THE FULLEST EXTENT ALLOWED BY LAW, SKYLINE SHALL NOT BE LIABLE, FROM ANY AND ALL CAUSES, FOR (I) ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR PROVISION OF SKYLINEGLOBE, OR (II) ANY AMOUNT IN EXCESS OF THE FEES IT RECEIVED FROM YOU FOR THE 12 MONTHS BEFORE THE CLAIM ACCRUED (OR, IF GREATER, $100), EVEN IF SKYLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states prohibit the limitation of liability in certain cases, so the above may not apply to you in all instances.
11. Amendment of Terms. Skyline may amend this Agreement upon notice to any user of SkylineGlobe, including, for example, changes to general policies and limitations concerning the resources expended as a result of your use of the service (e.g. bandwidth, storage, CPU power). Such notice may be delivered by email, through a posting on the home page of SkylineGlobe or such other method reasonably designed to reach the users of the service. If you do not agree with any new terms implemented by Skyline, you must discontinue the use of the service. Any such terms will be effective on a prospective basis only.
12. U.S. GOVERNMENT USE. SkylineGlobe (and its associated technology and content) is a "commercial item" as defined at 48 C.F.R. § 2.101; consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. SkylineGlobe is licensed with "Restricted Rights." Utilization of SkylineGlobe is subject to the restrictions specified in the "Rights in Technical Data and Computer Data" clause at DFARS 252.227-7013. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, Skyline provides SkylineGlobe to U.S. Government end users only pursuant to the terms and conditions of this Agreement.
13. EXPORT CONTROL. You agree and acknowledge that SkylineGlobe (and its associated technology and contents) are subject to U.S. export control law, and You will comply with all applicable laws and regulations in Your use of SkylineGlobe, including without limitation all export laws and regulations of the U.S. Department of Commerce and all other U.S. agencies and authorities, including the Export Administration Regulations promulgated by the Bureau of Industry and Security (as codified in 15 C.F.R. Parts §§ 730-774). Without limiting the foregoing, You expressly agree not to export or re-export SkylineGlobe (or its associated technology or content) in violation of such laws or regulations, or without all required licenses and authorizations.
14. General Terms. This Agreement is governed by the laws of the Commonwealth of Virginia. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement. This Agreement and the User Agreement required as part of registration for SkylineGlobe constitute the entire agreement between the parties concerning the use of SkylineGlobe. Skyline's failure to enforce any right or provision of this Agreement will not be deemed a waiver of such rights. In no case shall Skyline be deemed in breach of this Agreement if its delay or failure to perform is due to flood, fire, storm, earthquake, war, civil disturbance or other cause beyond its reasonable control. If any provision of this Agreement is found to be unenforceable, it shall be deemed modified to the least extent needed to make the provision enforceable; the remaining terms of this Agreement shall remain in full force and effect. Skyline reserves the right to disclose any information about any user as required by a court order or as recommended by counsel in the context of any action by any government entity or other third party.
15. MapQuest Terms and Conditions. User assumes all risk of use. MapQuest, Skyline, and their suppliers make no representations or warranties about this content.
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