TERMS & CONDITIONS OF USE

AGREEMENT BETWEEN USER AND CYANOMAP

Applied GeoSolutions, LLC ("CyanoMap") Web Site and mobile applications are composed of various Web pages operated by CyanoMap. CyanoMap shall have registered Users of its Site and visitors to its Site, both collectively referred to hereunder as Users. The CyanoMap Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the CyanoMap Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

CyanoMap reserves the right to change the terms, conditions, and notices under which the CyanoMap Site is offered.

PERMITTED USE

This Agreement is between CyanoMap and you. The service covered by these Terms & Conditions of Use ("Services") include CyanoMap's website, mobile applications, and other Internet enabled or wireless means by which CyanoMap provides content to you or receives content from you, including, without limitation, as applicable, downloadable or preloaded software applications including, without limitation, desktop, mobile applications, and tablet applications, content and blog submission services, chat rooms, message boards, text/SMS messaging, email messaging, alert products, and delivery of CyanoMap content to you at your request (the "Site"),. The Services are owned and operated by CyanoMap, but may include elements licensed from or provided by third parties. CyanoMap has the right at any time to change or discontinue any of the Services or any aspect or feature of the Services, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Services. CyanoMap has the right to terminate and/or suspend your ability to access the Service or any portion thereof, for any or no reason, without notice (except as and when required by law or as stated in these Terms & Conditions of Use). You may use the Site and the features, information, photographs, maps, and other data contained therein (collectively, the "Data") only for personal, non-commercial purposes. You may access, view and make copies of the Data in the Site for your personal, non-commercial use. Without limiting the foregoing, you may not utilize the Site to sell a product or service, to advertise or direct activity to other websites or for similar commercial activities without our express written consent. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the data, in whole or in part. Further restrictions on the use of this Site and its data are provided as described herein. CyanoMap shall comply with its Statement of Privacy Policy.

REGISTERED USERS

Users of CyanoMap's Site shall complete the online registration process setting up an account. As part of the registration process Users will be required to provide, as applicable, their, name, organization name, address, email address and other contact information. Upon registration, the registered User shall have access to password protected areas of the Site. The registered User is responsible for safe guarding User's password.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the CyanoMap Site, you warrant to CyanoMap that you will not use the CyanoMap Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the CyanoMap Site in any manner which could damage, disable, overburden, or impair the CyanoMap Site or interfere with any other party's use and enjoyment of the CyanoMap Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the CyanoMap Site.

USER RULES

In order to maintain an informative and valuable service that meets the needs of the Users and avoids harm to others, it is necessary to establish and/or you to follow these User Rules. The views, ideas or expression posted by Users are not necessarily that of CyanoMap. By way of example, and not as a limitation, User agrees that when using the Site, User shall not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Users may not post or transmit any message that is libelous or defamatory, or violates any other person's copyrights, privacy rights, trademarks, trade secrets, or rights in other confidential information. The user agrees to indemnify and hold harmless CyanoMap from any and all damages suffered by third parties as a result of the User's violation of this term.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, worms, Trojan horses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Interfere with other users' use of the CyanoMap Site, including, without limitation, disrupting the normal flow or use of the service.
  • Download any file posted by another user of a Site that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • It is not the intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, CyanoMap reserves the right to take such action as it deems appropriate in cases where the CyanoMap Site is inappropriately used to disseminate statements or materials that are reasonably construed as abusive, destructive, harmful, or threatening to the safety of others.
  • Violate any applicable laws or regulations.

CyanoMap reserves the right to review materials posted to the Site and to remove any materials in its sole discretion. CyanoMap reserves the right to terminate your access to any or all of the Site at any time without notice for any reason whatsoever.

CyanoMap reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CyanoMap's sole discretion.

Materials uploaded to the Site may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO CYANOMAP OR POSTED AT THE CYANOMAP SITE

CyanoMap does not claim ownership of the materials you provide to CyanoMap (including photographs and maps) or post, upload, input or submit to the CyanoMap Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CyanoMap, other users of the Website, and necessary sub licensees permission to use your Submission in connection with the operation of the CyanoMap Site including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. CyanoMap is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CyanoMap's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIMITED WARRANTIES & LIABILITY DISCLAIMER

CYANOMAP ASSUMES NO LIABILITY FOR ANY DECISION MADE, OR ACTION TAKEN IN RELIANCE UPON INFORMATION OR SOFTWARE CONTAINED IN THE CYANOMAP SITE OR ANY OTHER INTERNET SITE LINKED TO IT IN ANY WAY. CYANOMAP DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE CYANOMAP SITE OR THE INTERNET.

FURTHERMORE, CYANOMAP WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND EXCEPT AS PROVIDED BELOW, CYANOMAP EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER IN CONNECTION WITH THE CYANOMAP SITE, AND PRODUCTS CONTAINED THEREIN, OTHER WEB SITES ACCESSED BY "HYPERLINK," OR THE INTERNET GENERALLY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). CyanoMap disclaims any liability for false positives or false negatives. You understand that, except for information, products, or services clearly identified as being supplied by CyanoMap, CyanoMap does not review, operate, or control any material, information, products or services on the Internet, including electronic transmissions from Users or materials connected to the CyanoMap Site through "hyperlink", in any way.

WITHOUT LIMITING THE FOREGOING, CYANOMAP MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE CYANOMAP WEBSITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREON; (II) THAT THE CYANOMAP WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE CYANOMAP WEBSITE, INCLUDING BUT NOT LIMITED TO MAPS OR LOCATIONAL INFORMATION; OR (IV) THAT THE CYANOMAP WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF CYANOMAP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CYANOMAP AND/OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CYANOMAP SITE, WITH THE DELAY OR INABILITY TO USE THE CYANOMAP SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED MAPS OR GRAPHICS OBTAINED THROUGH THE CYANOMAP SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CYANOMAP SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CYANOMAP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CYANOMAP SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CYANOMAP SITE.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL CYANOMAP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless CyanoMap and its suppliers, advertisers, licensors and affiliated companies and their respective directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees and costs) arising out, relating to or in connection with (a) your use of the Services, (b) any content or materials that you submit or upload to or through the Services, (c) your unauthorized use of the Services or content or material obtained through the Services, (d) any violation of any law or regulation by you, and (e) your breach of this agreement. Some jurisdictions restrict the use of indemnification clauses. Accordingly, some or all of this paragraph may not apply to you. This section shall survive any termination of Services hereunder.

WAIVER OF RESPONSIBILITY

Although CyanoMap makes every effort to ensure the correctness of data, CyanoMap disclaims responsibility for any errors or omissions, such as unintended technical inaccuracies or typographical errors, false positives, false negatives or locational information errors, in the materials. You also understand that CyanoMap cannot and does not guarantee or warrant that files available for downloading through the service will be free of "infection" or "viruses," "worms," "Trojan horses" or other code that manifest contaminating or destructive properties. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the CyanoMap Site for the reconstruction of any lost data. Use of the CyanoMap Site and the Internet generally is at the User's own risk.

LINKS TO THIRD PARTY SITES

The CyanoMap Site contains links to other web sites ("Linked Sites"). The Linked Sites are not under the control of CyanoMap and CyanoMap is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CyanoMap is not responsible for webcasting or any other form of transmission received from any Linked Site. CyanoMap is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CyanoMap of the site or any association with its operators.

EXPORT CONTROL.

Software and other materials from the Services may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported (1) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. CyanoMap does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States Export Laws

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Hampshire, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of the state courts in Rockingham County, New Hampshire, U.S.A. and of the United States of America located in the State of Hampshire in all disputes arising out of or relating to the use of the CyanoMap Site. Use of the CyanoMap Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CyanoMap as a result of this agreement or use of the CyanoMap Site. CyanoMap's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CyanoMap's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CyanoMap Site or information provided to or gathered by CyanoMap with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CyanoMap with respect to the CyanoMap Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CyanoMap with respect to the CyanoMap Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the CyanoMap Site are: Copyright 2015 by Applied GeoSolutions, LLC and/or its suppliers. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

COPYRIGHTS AND COPYRIGHT AGENT. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide CyanoMap 's Copyright Agent the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA"):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CyanoMap to locate the material;
  • Information reasonably sufficient to permit CyanoMap to contact you;
  • A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our agent for notice of claims of copyright infringement on the Services can be reached as follows:

Copyright Agent

_______________
Nathan Torbick
Phone: 603-292-1192
Fax: 413-714-1051
Email: info@cyanomap.com

To report other alleged violations of rights (including alleged copyright violations under the laws of countries other than the United States), or for all other enquiries, complaints and questions related to the Services, please use the contact information specified above.

ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.