Open Imagery Network DBA Radiant.Earth Terms of Service
Your use of the API (application program interface) and other developer tools that we make available from time to time (the “Radiant.Earth Platform”) is subject to:
These terms of service between you (“you”, “your”) and Radiant.Earth having a place of business at 740 15th Street NW Suite 800, Washington DC 20005 and their affiliates and assigns from time to time (“Radiant.Earth”, “us”, “we” or “our”) (the “Platform Terms of Service”);
The terms of service at https://Radiant.Earth/terms (the “Website Terms of Service”);
The End User License Agreement at https://Radiant.Earth/eula (the “End User License Agreement”)
All as may be updated from time to time (collectively, the “Terms”).
To use the Radiant.Earth Platform, you must have the capacity and, where necessary, be authorized to be legally bound by the Terms. If you don’t have legal authority and capacity, or if you disagree with any of the terms, Radiant.Earth does not grant you a license to use the Radiant.Earth Platform.
By using the Radiant.Earth Platform and code, maps data, terrain data, photographic imagery, pixels, underlying technology, graphics, design, content, documentation, and related materials made available to you by Radiant.Earth (collectively, the “Radiant.Earth Content”), you understand, agree, and acknowledge that the Platform Terms of Service constitutes a legally binding agreement between you and us and that your use of the Radiant.Earth Platform and the Radiant.Earth Content shall indicate your conclusive and irrefutable acceptance of the Platform Terms of Service.
Last Date Modified: 2016-03-28
Acceptance of the Terms
From time to time, the Radiant.Earth Platform may require you to apply for a commercial API key. Go to the following form to see what information you need to provide: https://Radiant.Earth/contact/developers. Lack of specificity or supporting information could delay your application indefinitely. When in doubt, it’s always better to include more detail about your application.
Changes to the Terms
We may change, modify, add, alter, remove portions of or otherwise update the Terms from time to time. When these changes are made, we will make a new copy of the Terms available at the URLs specified above, or such successor URLs that we may designate from time to time.
By continuing to use and access the Radiant.Earth Platform, you are agreeing to be bound by the then-current version of the Terms and any changes reflected therein.
If a modification is unacceptable to you, you may terminate the Terms in accordance with Section 20 below at any time.
Access to the Radiant.Earth Platform requires you to sign-up for an account with us. Signing-up will require a password, username and registration information. The registration information must be current and correct (and please update it to keep it that way). If you tell us something that is not true or correct you may have to compensate us for the damage you cause and for what we have lost.
Upon request, we may provide specific or customized services to holders of certain specialized accounts. For these specialized accounts, there may be specific terms and conditions (other than or in addition to the Terms) that apply. If other terms and conditions apply, Radiant.Earth will notify you of such terms and conditions.
Radiant.Earth may require you to obtain and use access keys that are uniquely associated with your account and any software application or website used to obtain and display Radiant.Earth Content, or any other content for use by other end users developed and implemented by you (a “Platform Implementation”). If required, you must obtain and use such keys in accordance with the Terms.
If someone finds out your username and password and causes harm to the Radiant.Earth Platform or to us, we will hold you responsible. Please keep your password safe and change your password if you think someone else knows it because you are responsible for all of your account activities.
Payments and Fees
Radiant.Earth’s current fee schedule for the Radiant.Earth Platform will be as notified to you from time to time, and which will be deemed to be incorporated herein by reference. All fees are stated in U.S. dollars. Radiant.Earth may change the fee schedule at any time and from time to time without further notice to you. Payments are processed by a third party payment processor and may be subject to further terms and conditions imposed by such third party.
Once Radiant.Earth has notified you that the Radiant.Earth Platform is beginning subscription-based services and you have selected a subscription plan, you agree to pay the subscription fee according to the fee schedule corresponding to the subscription plan you have selected. All fees are prepaid monthly and refunds will be pro-rated upon your initial selection of a plan.
If you have selected a month-to-month subscription plan (a “Month-to-Month Plan”) and wish to change your subscription plan to a lower tier plan mid-month, the lower fee will come into effect for the following month and no pro-rata refund will be offered for the remainder of that month. If you have selected a subscription plan that requires a commitment period of longer than one month (a “Multi-Month Plan”), you are not permitted to change your subscription plan to a lower tier plan until the end of commitment period applicable to such Multi-Month Plan, which is typically 12 months.
If you change your subscription plan to a higher tier plan mid-month:
In the case of a Month-to-Month Plan, you will be charged the corresponding higher subscription fee pro-rated for the remainder of that partial month. Unless you tell us otherwise at or before the end of such month, we will assume you wish to continue using that higher tier plan for the following month and you will be charged the higher subscription fee accordingly; or
In the case of a Multi-Month Plan, you will be charged the corresponding higher subscription fee pro-rated for the remainder of that partial month and in full for each of the remaining months until the end of the commitment period of your Multi-Month Plan.
End User Terms
If you develop and implement a Platform Implementation, you must:
Display to the end users of your Platform Implementation a link to the End User License Agreement available at https://Radiant.Earth/eula, or such successor URLs that we may designate from time to time;
Protect the privacy and legal rights of those end users.
The Radiant.Earth Platform may store and access cookies and other information on the end users’ devices. To the extent required by applicable law, you must provide end users with clear and comprehensive information about, and obtain the end users’ consent to, the use of such cookies.
The end user of your Platform Implementation must not be identifiable from any geolocation data collected by you.
License to you
The Radiant.Earth Platform and the Radiant.Earth Content is owned by Radiant.Earth and is licensed to you on the worldwide (except as limited below), non-exclusive, non-sublicensable, revocable basis of the Terms (the “License”). The Terms define legal use of the Radiant.Earth Platform and the Radiant.Earth Content, all updates, revisions, substitutions and any copies of the Radiant.Earth Platform and the Radiant.Earth Content made by or for you. All rights not expressly granted to you are reserved by Radiant.Earth.
Subject to the restrictions set out in the Terms, you may use the Radiant.Earth Platform and any updates provided by Radiant.Earth in its sole discretion under the Terms until terminated by us by either party in accordance with Section 20 below.
Any communication or content submitted by you to Radiant.Earth is subject to the Terms and you grant to Radiant.Earth the right to use and incorporate such communication and content in the Radiant.Earth Platform or documentation without compensation to you and without further recourse by you.
Beta Test Participation – Confidentiality
While the Radiant.Earth Platform is in Beta and not generally available (the “Beta Period”), Radiant.Earth requires you to keep our information confidential. You must not disclose any Radiant.Earth Confidential Information during the Beta Period or at any time during the three year period following thereafter. If you have executed a separate non-disclosure agreement (“NDA”) and there is a conflict between the terms of the NDA and the terms of this Section 9, the terms of the NDA will prevail.
During the Beta Period, you must not allow access to the Radiant.Earth Platform by any third party other than your employees and contractors who (i) have a need to use or access the Radiant.Earth Platform or Beta Materials in connection with your internal evaluation activities and (ii) have written and validly executed NDAs obligating them to protect the Radiant.Earth Confidential Information.
Neither party will issue any press release or public statement regarding the use of the Radiant.Earth Platform, or the fact that the Radiant.Earth Platform is in Beta, or your participation in the Beta test unless the other party has approved in writing the time, form and content of the information to be disseminated to third parties or the public.
For clarity, by “Radiant.Earth Confidential Information,” we mean the following:
All non-public information disclosed by Radiant.Earth to you that is designated as confidential or that, given the nature of the information or the circumstances surrounding the disclosure, reasonably should be considered as confidential.
Radiant.Earth Confidential Information includes, but is not limited to:
Non-public information relating to Radiant.Earth’s technology, customers, business plans, promotional marketing activities, finances and other business affairs;
Third-party information that Radiant.Earth is obligated to keep confidential;
Any hardware, software, specifications or other technical documentation related to the Radiant.Earth Platform (the “Beta Materials”);
Test observations, including all observations or information regarding the performance, features and functionality of the Radiant.Earth Platform or feedback received from you (the “Test Observations”); and
The nature, content and existence of the Beta version of the Radiant.Earth Platform and any discussions or negotiations between Radiant.Earth and you.
Radiant.Earth Confidential Information does not include any information that:
Is or becomes publicly available without breach of the Terms;
Can be shown by documentation to have been known to the receiving party at the time of this receipt from the disclosing party;
Is received from a third party who did not acquire or disclose such information by a wrongful or tortious act; or
Can be shown by documentation to have been independently developed by the receiving party without reference to any Radiant.Earth Confidential Information.
Beta Test Participation – Evaluation
During the Beta Period, and in consideration of the right to access the Radiant.Earth Platform in Beta, Radiant.Earth may request that you provide your Test Observations, at a time and in a form as reasonably requested by Radiant.Earth for our internal evaluation purposes. Radiant.Earth will own and may use and evaluate all Test Observations for its own purposes. If you have any additional feedback, suggestions, or ideas concerning improvements and enhancements to the Radiant.Earth Platform (the “Additional Feedback”), Radiant.Earth will own the rights to the Additional Feedback without accounting or compensation to you, and you agree to assist Radiant.Earth as reasonably required to document, perfect, and maintain Radiant.Earth’s rights to the Additional Feedback.
In using the Radiant.Earth Platform, you must not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
Upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene or unlawful content;
Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party;
Upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements;
Upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Radiant.Earth policies or guidelines;
Download any file posts by another that you know, or reasonably should know, cannot legally be distributed in such a manner; impersonate another person or entity or falsify or delete any author attributions or labels of the origin or source of content, or other material;
Restrict or inhibit any other user from using and enjoying the Radiant.Earth Platform or any other service;
Interfere with or disrupt the Radiant.Earth Platform, servers, or networks connected to the Radiant.Earth Platform, or disobey any requirements, policies, procedures or regulations of networks connected to Radiant.Earth;
Use any robot, spider, site search/retrieval application, or any other device to treat or index any portion of the Radiant.Earth Platform or Radiant.Earth Content or collect information about end users for any unauthorized purpose;
Display content in your Platform Implementation that falsely expresses or implies that such content is sponsored or endorsed by Radiant.Earth;
Create Radiant.Earth accounts by automated means or under false or fraudulent pretenses, or obtain or attempt to obtain multiple keys for the same URL;
Promote or provide instructional information about illegal activities;
Promote physical harm or injury against any group or individual; or transmit any malicious code (including, but not limited to, viruses, worms, defects, and Trojan horses), or any other items of a destructive nature.
Limits on the use of the Radiant.Earth Platform and the Radiant.Earth Content
Your use of the Radiant.Earth Platform and the Radiant.Earth Content are subject to certain access, call, technical and use limitations which Radiant.Earth shall notify you of from time to time. These limitations are hereby incorporated in to the Platform Terms of Service by reference. Radiant.Earth may also set other limitations as required from time to time in general or for you specifically. If Radiant.Earth suspects that you have or are attempting to exceed or circumvent the set limitations, we may temporarily or permanently block your access and/or use of the Radiant.Earth Platform and the Radiant.Earth Content. Radiant.Earth does monitor the use of the Radiant.Earth Platform on an on-gRadiant.Earthg basis to improve the Radiant.Earth Platform and our services in general and to ensure compliance with the Terms.
The Radiant.Earth trademarks, service marks names, logos and domain names (collectively, our “IP”), the Radiant.Earth Content, and the look and feel of the Radiant.Earth Platform are our property. Subject to the Terms, Radiant.Earth gives you a worldwide (except as limited below), non-exclusive, non-sublicensable, revocable licence to display our IP solely for the purpose of promoting or advertising your authorized use of the Radiant.Earth Platform and the Radiant.Earth Content in accordance with this Section and for the purpose of fulfilling your obligations under the Terms.
All right and title in and to the IP in or related to the Radiant.Earth Content is and will remain the property of Radiant.Earth, and your use of the Radiant.Earth Content is subject to the Terms, including the End User License Agreement.
In using our IP, you must not:
Display our IP in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Radiant.Earth, other than your use of the Radiant.Earth Platform and the Radiant.Earth Content, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of, Radiant.Earth or Radiant.Earth personnel;
Display our IP in your Platform Implementation or on your site if your Platform Implementation or site contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under 21 years of age;
Display our IP as the most prominent element or the Radiant.Earth logo as the largest logo (except as displayed in the image itself) in your Platform Implementation on any page of your website;
Use our IP to disparage Radiant.Earth or our products or display our IP in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Radiant.Earth;
Display our IP in your Platform Implementation or on a site that violates any law or regulation; or
remove, distort or alter any element of our logo (this includes squeezing, stretching, inverting, discoloring, etc.).
You must acknowledge Radiant.Earth through the inclusion of our logo and the statement: “Powered by Radiant.Earth”.
Radiant.Earth General Restrictions
You must not:
Use the Radiant.Earth Platform in violation of any of the Terms.
Access or use the Radiant.Earth Platform or any Radiant.Earth Content through any technology or means other than through any technology authorized by Radiant.Earth.
Mask from Radiant.Earth the identity of your Platform Implementation.
Attempt to reverse engineer or decompile the Radiant.Earth Platform or the Radiant.Earth Content.
Attempt to create or substitute similar service through use or for access to the Radiant.Earth Platform.
Modify, replace, obscure, or otherwise interfere with the functioning of links to Radiant.Earth or third party websites provided in the Radiant.Earth Content.
Radiant.Earth Specific Restrictions during the Beta Period
During the Beta Period, you must not otherwise access or use any part of the Radiant.Earth Platform, or install, copy, or use any Beta Materials, in any manner or for any purpose not expressly permitted by the Terms.
End User Restrictions
You may not use or otherwise export or re-export the Radiant.Earth Platform except as authorized by the federal laws of Canada and the laws of the jurisdiction in which the Radiant.Earth Platform was obtained. In the event that the Radiant.Earth Platform is added to the Department of National Defense’s Export Control List, the Radiant.Earth Platform may not be exported or re-exported except in compliance with the applicable legislation.
Content, Marketing License
Radiant.Earth claims no ownership over any content that you provide in your Platform Implementation, including data, images, logos, text, video, or software (“Your Content”), and you retain copyright, trademarks and any other rights you already hold in Your Content. By using the Radiant.Earth Platform (subject to Section 9), you give Radiant.Earth a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publicly perform, publicly display and distribute Your Content through the Radiant.Earth Platform for the sole purpose of enabling Radiant.Earth to provide you with the Radiant.Earth Platform in accordance the Terms.
You grant to Radiant.Earth a worldwide, royalty-free, non-transferable, and non-exclusive license to use Your Content and logo to publicize or advertise that you are using the Radiant.Earth Platform (for example, by using your marks in presentations, marketing materials, customer lists, financial reports and website listings (including links to your website), or by creating marketing or advertising materials that show screenshots of the Radiant.Earth Platform in which Your Content is featured).
You represent and warrant to Radiant.Earth that you have all the rights, power and authority necessary to grant the above licenses.
You may terminate the License by discontinuing use of the Radiant.Earth Platform. Radiant.Earth may terminate the License at any time for any reason, including for non-payment of fees as provided for in Section 4. The License terminates automatically if (i) you violate any term of the Terms, (ii) Radiant.Earth publicly post a written notice of termination on our website, (iii) Radiant.Earth sends written notice of termination to you, or (iv) Radiant.Earth ceases providing access to the Radiant.Earth Platform to you.
The Terms shall remain in effect even after your account or the License is terminated. The Terms relating to intellectual property rights, trademarks and logos, indemnification, disclaimer, limitations of liability, governing law, miscellaneous and terms that by their nature are intended to survive a termination of your account or the License, shall survive any termination.
Upon termination (a) all rights and licenses granted to you under the Terms will immediately terminate; (b) you will immediately return or, if instructed by Radiant.Earth, destroy all Beta Materials and Radiant.Earth Confidential Information and any other confidential or proprietary information of Radiant.Earth; and (c) Sections 9 and 10 will survive termination.
SOME OF THE Radiant.Earth PLATFORM IS EXPERIMENTAL AND MAY NOT HAVE BEEN TESTED IN ANY MANNER. Radiant.Earth DOES NOT REPRESENT OR WARRANT THAT ANY PART OF THE Radiant.Earth PLATFORM IS FREE FROM INACCURACIES, ERRORS, BUGS, VIRUSES, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE Radiant.Earth PLATFORM IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Radiant.Earth DENIES AND REJECTS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE Radiant.Earth PLATFORM. WE DO NOT REPRESENT OR WARRANT THAT THE Radiant.Earth PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE Radiant.Earth PLATFORM OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE IMAGES, DATA, INFORMATION, MATERIALS OR ANY Radiant.Earth CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT FROM THE Radiant.Earth PLATFORM AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE. Radiant.Earth RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT AND OTHER ITEMS USED OR CONTAINED IN THE Radiant.Earth PLATFORM AT ANY TIME WITHOUT NOTICE. SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Radiant.Earth WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT OR CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE Radiant.Earth PLATFORM, OR ANY CONTENT, EVEN IF, WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR ACCESS TO AND USE OF THE Radiant.Earth PLATFORM. YOUR ONLY REMEDY AGAINST US FOR ACCESS TO OR USE OF THE Radiant.Earth PLATFORM IS TO STOP ACCESSING AND USING THE Radiant.Earth PLATFORM. THAT SAID, IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE Radiant.Earth PLATFORM OR ANY Radiant.Earth CONTENT, OUR LIABILITY SHALL NOT EXCEED THE GREATER OF USD$100.00 OR THE AGGREGATE FEES YOU PAID TO Radiant.Earth FOR ACCESS TO THE Radiant.Earth PLATFORM IN THE LAST YEAR WHICHEVER IS MORE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, agents, licensors and partners from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, lawyers’ fees, arising from or relating in any way to your use of Radiant.Earth Platform, or any violation of the Terms, any law or the rights of any third party.
You will cooperate as fully as reasonably required in the defense of any claim. Radiant.Earth reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that damages for improper use of the Radiant.Earth Platform may be irreparable; therefore, Radiant.Earth is entitled to seek equitable relief, including but not limited to preliminary injunction and injunction, in addition to all other remedies.
Radiant.Earth respects the copyright and the intellectual property rights of others. We will try to promptly respond to and investigate any claim of yours that anything displayed or posted in the Radiant.Earth Platform infringes intellectual property rights others. We will take appropriate action under intellectual property laws to deal with infringement, including removing or disabling access to infringing content.
If you see anything in the Radiant.Earth Platform that you think is an infringement on other’s intellectual property rights, please submit your notice in writing with the subject line “Copyright Infringement” to firstname.lastname@example.org and try to include a detailed description as you can of what you think the infringement is.
If any provision of the Terms is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and the Terms will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein.
The Terms, including any customized terms and conditions, agreed to for specialized accounts pursuant to Section 3, constitute the entire agreement between you and us with respect to the Radiant.Earth Platform and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Radiant.Earth Platform.
Any headings or titles herein are for convenience only.
The official language of the Terms and all communications and agreements between us and you and any proceedings in connection with the Terms and/or your use of the Radiant.Earth Platform, exclusively shall be made in the English language and you waive any rights you may have under any other law to have the Terms written in another language, and any translation of the Terms will be for convenience only.
You agree that Radiant.Earth may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings.
Radiant.Earth’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
The Terms may be assigned by Radiant.Earth and will inure to the benefit of Radiant.Earth, its successors, and assigns.
Any litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Radiant.Earth Platform must and will be venued exclusively in the United States. The Terms and the relationship between you and us will be governed by the laws of the State of Delaware, and the federal laws of the United States applicable therein, without giving effect to principles of conflict of laws of any jurisdiction.
If you have any questions about the Terms or otherwise want to contact us, please email us at email@example.com