You are hereby granted a license to use The Photographer’s Ephemeris for Desktop (the “Application”), a web application published by Crookneck Consulting LLC (the “Publisher”, “we”, “us”, “our”) available at app.photoephemeris.com and, in the Publisher’s sole discretion, in beta form at beta.photoephemeris.com, and associated services (the “Services”), including, but not limited to user account creation and management, and location synchronization, subject to your acceptance of the terms of this agreement (the “Agreement”).
1. Acceptance of Agreement
2. Copyright and Ownership
3. Third-Party Services
By using the Software, you agree to be bound by the Google Maps/Earth Terms of Service.
In addition, you acknowledge and consent to the use of other 3rd party software and services as part of the Application and Services as determined by the Publisher in its sole discretion.
5. Restrictions on Use
Unless you have received prior written authorization from the Publisher, you must not:
a) copy, translate, modify, or make derivative works of the Application or Services or any part thereof;
b) redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Application or Services available to third parties;
c) reverse engineer, decompile or otherwise attempt to extract the source code of the Application or Services or any part thereof, unless this is expressly permitted or required by applicable law.
6. Reasonable Use and Conduct
You agree that you are responsible for your own conduct and content while using the Application or Services, and for any consequences thereof. You agree to use the Application and Services only for purposes that are proper and in accordance with this Agreement and any applicable policies or guidelines the Publisher may make available. By way of example, and not as a limitation, you agree that when using the Application or Services, you will not: (a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content; © upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content; (d) upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements; (e) upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Product policies or guidelines; (f) download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner; (g) impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of content, software or other material; (h) restrict or inhibit any other user from using and enjoying the Application or Services; (i) use any robot, spider, site search/retrieval application, or other device to retrieve, index or collect information about users for any unauthorized purpose; (j) promote or provide instructional information about illegal activities; (k) promote physical harm or injury against any group or individual; or (l) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
7. Your Data
You are solely responsible for safeguarding and backing-up any data you enter into or obtain from the Application or Services. The Publisher shall use reasonable skill and due care in providing the Application and Services, but does not guarantee or warrant that any content you may store or access through the Application or Services will not be subject to inadvertent damage, corruption, loss, theft or unauthorized access by third parties.
You hereby consent to the Publisher storing, backing-up, accessing and otherwise transforming, migrating or restoring any data you submit to it during the course of using the Application and Services. This data may include personally identifiable information such as your name and email address. You acknowledge and agree that the Publisher’s staff may have access to your data during the normal course of maintaining, repairing, debugging and monitoring the Application or Services.
Data that you submit via the Services is backed up regularly by the Publisher for the purpose of service restoration in the case of a malfunction or other service affecting event. Upon deleting your account, your data is removed from our production databases, but may remain on our servers indefinitely in back-up form.
8. User Accounts
The Publisher may allow you to create an end user account intended for use with the Application and Services. We reserve the right to delete your account without notice if (i) the email address you provide is unreachable, (ii) you fail to verify your email address, (iii) the account remains unused for a period of more than 6 months, (iv) we have reason to believe the account has been created in order to access the Application or Services fraudulently, to avoid payment for the same, or to obtain multiple free trials.
9. Beta Software
The Publisher may from time to time in its sole discretion make available a beta version of the software. You acknowledge that beta software is incomplete, may not function correctly, may suffer from performance issues and may be unavailable without notice.
The Publisher reserves the right to terminate access to the Application, or any part thereof at any time without prior notice to you. You agree that the Publisher will not liable to you or any third party for any modification, withdrawal, amendment or loss of access by you to any part of the Application or the Application in whole, or for any loss of data or other consequential loss.
11. Changes to this Agreement
The Publisher reserves the right to modify this Agreement from time to time in its sole discretion, without prior notice to you.
THE APPLICATION AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANDNONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGESOR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OURAFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGESSET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SOFTWAREWOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE APPLICATION IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANYKIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE APPLICATION OR SERVICES.
10 September 2017