Posted: February 19, 2019 Effective: February 19, 2019
TileDriver Terms of Service
Description of the Services
Our Services allow you to upload, store, modify and visualize geospatial data and imagery. The Services may include any future enhancements or modifications, at our sole discretion.
You agree to abide by our Acceptable Use Policy while using our Services. In addition, you are responsible for taking reasonable precautions to safeguard information used to establish an account with us, particularly the login password. Do not share your login information with anyone.
You must be 13 years or older to use the Services. By registering as a user or providing personal information on the site, you represent that you are at least 13 years old.
You agree to keep the contact information associated with your TileDriver account current and complete.
Acceptable Use Policy
You agree to comply with all applicable laws, regulations, and third party agreements in your use of the Services.
You may not use the Services in any manner that could damage or overburden the Services or interfere with any other party's use of the Services.
You may not use the Services to:
Disseminate material that is abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
Aid or implement practices violating basic human rights or civil liberties. For the avoidance of doubt, you may not use the Services to assist in the creation of databases of identifying information intended to abrogate any human rights, civil rights, or civil liberties of individuals on the basis of race, gender or gender identity, sexual orientation, religion, or national origin;
Disseminate or store material that infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
Create a false identity or otherwise attempt to mislead others as to the identity or origin of any communication;
Export, re-export, or permit downloading of any content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, and exemptions;
Interfere with or attempt to gain unauthorized access to any computer network;
Host with, transmit to or provide to us any information that is subject to specific government regulation, including, without limitation, Protected Health Information (as defined in the U.S. Health Insurance Portability and Accountability Act, as amended), financial information (as regulated by the U.S. Financial Services Modernization Act, as amended), consumer reports and consumer-reporting information (as regulated by the U.S. Fair Credit Reporting Act, as amended) and information subject to export control or economic sanction laws;
Operate dangerous businesses such as emergency services or air traffic control, where the use or failure of the Services could lead to death, personal injury or significant property damage;
Transmit viruses, trojan horses, or any other malicious code or program; or
Engage in any other activity reasonably deemed by us to be in conflict with the spirit or intent of these Terms.
You may not modify, create derivative works from, reverse engineer, or attempt to derive any source code from the site's software, except as expressly permitted by a written license from us. Further, unless expressly prohibited under applicable law, you may not use the Services to develop, test, validate and/or improve any service or dataset that is a substitute for, or substantially similar to, the Services (including any portion thereof).
Payment and Billing Terms
Some of our Services are free of charge, and some require payment. We will always notify you when a Service requires payment before you sign up for it.
For paid services, the following represent our payment and billing terms:
When you sign up for a paid service, you will provide us or our payment gateway partner with information necessary to bill you. This may be a credit card, bank account or other method of payment. We will bill your method of payment each month until you cancel your account. You're responsible for all applicable taxes, and we will charge tax as required.
You may cancel your TileDriver account at any time. However, we do not provide refunds unless required by law.
We reserve the right to change our Services pricing at any time. However, we will provide you notice of pricing changes in advance.
We are not responsible for any bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by us. Currency exchange settlements will be based on agreements between you and the provider of your method of payment.
You retain ownership of all data that you contribute to the Services, excluding any data that you receive from BeamIO ("Your Data").
For the limited purpose of hosting Your Data so that we can provide the Services to you, you hereby grant BeamIO a non-exclusive, worldwide, royalty-free, fully paid-up, transferable and sublicensable right and license to use, copy, cache, publish, display, distribute, modify, create derivative works, and store Your Data and to allow others to do so. This right and license enables BeamIO to host and mirror your content on its distributed platform. You warrant, represent, and agree that you have the right to grant BeamIO these rights.
On termination of your account, we will make reasonable efforts to promptly remove from the site and cease use of Your Data; however, you recognize and agree that caching of or references to Your Data may not be immediately removed.
Other than Your Data, all content displayed on the site or accessible through the Services, including text, images, maps, software or source code, are the property of BeamIO and/or third parties and are protected by United States and international intellectual property laws. Logos and product names appearing on or in connection with the Services are proprietary to BeamIO or our licensors. You may not remove any proprietary notices or product identification labels from the Services.
If you are a copyright owner or an agent thereof, and believe that any user submission or other TileDriver content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing (see http://www.copyright.gov/legislation/dmca.pdf for further detail):
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 copyrighted work claimed to have been infringed, or, if multiple copyrighted works on TileDriver are covered by a single notification, a representative list of such works from TileDriver;
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 BeamIO to locate the material;
Information reasonably sufficient to permit BeamIO to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER CUSTOMER NOR BEAMIO AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT. CUSTOMER IS RESPONSIBLE FOR USING THE SERVICES OR SOFTWARE IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN AND FOR BACKING UP ANY DATA STORED ON THE SERVICES.
Non-content user information will not be released to law enforcement except in response to a subpoena, court order, or other valid legal process. Content information will only be disclosed in response to a probable cause search warrant from an agency with proper jurisdiction. Under US law, including the federal Stored Communications Act, 18 U.S.C. Sections 2701-2712:
A valid subpoena issued in connection with an official criminal investigation is required for BeamIO to disclose non-content user information as defined in 18 US Code section 2703(c)(2) (e.g.: name, means of payment, and length of service).
A court order issued under 18 US Code section 2703(d) is required for BeamIO to disclose other non-content information.
A probable cause search warrant issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant is required for BeamIO to disclose user content information -- e.g. maps, data, and user communications with BeamIO -- or user location information.
If, in our good faith judgment, our disclosure is necessary to prevent imminent death or severe physical injury, we may provide law enforcement with information to prevent that harm, if we have it.
Third Party Services
The Service enables linking between various online third-party services such as third party email, cloud storage, social, and similar services ("Third-Party Services"). To take advantage of these feature and capabilities, you may be required to authenticate, register for or log into Third-Party Services through the Service or on the respective provider websites. By linking your account on the Service to your account on a Third Party Service, you are authorizing BeamIO as your agent to access your Third Party Service account (and any information, content, materials, and features included therein) and use such Third Party Service (with read and write privileges) on your behalf for the purpose of integrating your experience on the Service with such Third Party Service. Your use of the Third Party Services is governed solely by the agreement between you and the provider of such Third Party Service, and the Third Party Services provider is solely responsible for such Third Party Service.
You may cancel your TileDriver account at any time. However, we do not give prorated refunds for unused time if you cancel during the middle of a billing cycle.
If you breach any of these Terms, we may immediately without notice cancel or suspend your account and terminate the limited license granted to you hereunder. Upon termination of the limited license, you agree to immediately destroy any materials downloaded from the Services. In addition, we may cancel or suspend your account for any reason by providing you 30 days' advance notice.
Upon cancellation or suspension, your right to use the Services will stop immediately. You may not have access to data that you stored on the site after we cancel or suspend your account. You are responsible for backing up data that you use with the Services.
Changes to This Policy
We may change the features and functions of the Services, including APIs. It is your responsibility to ensure that calls or requests you make to the Services are compatible with then-current TileDriver APIs. We attempt to avoid changes to our APIs that are not backwards compatible, but such changes may occasionally be required. If that happens, we will use reasonable efforts to notify you prior to deploying the changes.
You will indemnify, defend, and hold harmless BeamIO from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of any claim by a third party against BeamIO and its Affiliates regarding: (a) Customer Data; (b) Customer Domains; or (c) Customer's, or Customer's End Users', use of the Services.
BeamIO will indemnify, defend, and hold you harmless from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of any claim by a third party against you to the extent based on an allegation that our technology used to provide the Services to you infringes or misappropriates any copyright, trade secret, U.S. patent, or trademark right of the third party.
In no event will BeamIO have any obligations or liability under this section arising from: (a) use of any Services in a modified form or in combination with materials not furnished by BeamIO; and (b) any content, information, or data provided by Customers, End Users, or other third parties.
If BeamIO believes the Services or Software infringe or may be alleged to infringe a third party's Intellectual Property Rights, then BeamIO may
obtain the right for you, at our expense, to continue using the Services or Software
provide a non-infringing functionally equivalent replacement; or
modify the Services or Software so that they no longer infringe.
If we do not believe the options described in this section are commercially reasonable, then we may suspend or terminate your use of the affected Services or Software, with a pro-rata refund of prepaid fees for the Services or Software.
The Party seeking indemnification will promptly notify the other Party of the claim and cooperate with the other Party in defending the claim. The indemnifying Party will have full control and authority over the defense, except that: (a) any settlement requiring the Party seeking indemnification to admit liability requires prior written consent, not to be unreasonably withheld or delayed; and (b) the other Party may join in the defense with its own counsel at its own expense. THE INDEMNITIES ABOVE ARE BEAMIO AND CUSTOMER'S ONLY REMEDY UNDER THIS AGREEMENT FOR VIOLATION BY THE OTHER PARTY OF A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR BEAMIO OR CUSTOMER'S INDEMNIFICATION OBLIGATIONS, NEITHER CUSTOMER NOR BEAMIO AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL BE LIABLE UNDER THIS AGREEMENT FOR (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR (II) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law.
The failure of BeamIO to exercise or enforce any right or provision of this TOS will not be a waiver of that right. You acknowledge that this TOS is a contract between you and BeamIO, even though it is electronic and is not physically signed by you or BeamIO, and it governs your use of the Service and takes the place of any prior agreements between you and BeamIO.
You shall not assign these Terms or any right, interest or benefit hereunder without the prior written consent of BeamIO, which may be withheld for any reason or no reason at all. BeamIO may assign (i) these Terms to an affiliate, (ii) these Terms or any right, interest or benefit hereunder to a third party in connection with a collection proceeding against you, and (iii) these Terms in their entirety to its successor in interest pursuant to a merger, acquisition, corporate reorganization, or sale of all or substantially all of that party's business or assets to which these Terms relate.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Headings are for convenience only and have no legal or contractual effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BeamIO as a result of these Terms or your use of the Services. You further acknowledge no confidential, fiduciary, contractually implied, or other relationship is created between you and BeamIO other than pursuant to these Terms.
Except for payment obligations, neither BeamIO nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the Party's reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance).
Posted: February 23, 2018 Effective: February 23, 2018
What We Collect
We collect and use the following information to provide, improve and protect our Services:
We collect, and associate with your account, information like your name, email address, and account activity. Some of our services let you access your accounts and your information with other service providers.
Our Services are designed to make it simple for you to store geospatial data and imagery, and work across multiple devices. To make that possible, we store, process, and transmit your data as well as information related to it. This related information can be things like your profile information.
We collect information related to how you use the Services, including actions you take in your account. We also collect information from and about the devices you use to access the Services. This includes things like IP addresses, the type of browser and device you use, the web page you visited before coming to our sites, and identifiers associated with your devices. Your devices (depending on their settings) may also transmit location information to the Services.
Cookies and other technologies
We use technologies like cookies and pixel tags to provide, improve, protect and promote our Services. For example, cookies help us with things like remembering your username for your next visit, understanding how you are interacting with our Services, and improving them based on that information. You can set your browser to not accept cookies, but this may limit your ability to use the Services.
How and When We Share
We may share your account information and information we receive with our vendors, consultants and other service providers who need access to such information to carry out work on our behalf.
We do not disclose Your Data except as directed by you.
Logs, Cookies and Mobile Data
We use third-party services like Google Analytics to help us collect and process website logs and cookies. We do not share raw location data or usage data with third parties. We use information collected from our Services to create aggregated and anonymized usage statistics that we may share with third parties.
Rare and Limited Disclosures
We may share information in our possession in response to a request if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process.
We may also share the information we collect in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company. We may also share information among our current and future parents, affiliates, subsidiaries and other companies under common control and ownership.
Your Access and Choices
Certain account information is optional, and you may choose not to provide it to us. Note that some of this account information is necessary for related Services to function properly – for example, if you do not provide payment information, you cannot take advantage of features that require payment.
You may delete cookies from your computer, and most browsers provide the option to block cookies. Note that if you block cookies, portions of our Services, including our website, may not work as intended.
Third Party Services
If you are an end user of a product or service that integrates with our Services, your privacy options will be largely determined by the developer of the third party product or service. In addition to any privacy options that the developer may have provided you with, you may also be able to control the applications that can collect information about your precise location by using the settings available on your device.
Correcting and Removing Information
If you believe that we hold information that would allow us to correct, amend, or delete inaccurate information about you, please email us at firstname.lastname@example.org.
You may correct or change certain account information in the account pages we've made available to you. If you wish to delete or deactivate your account, please email us at email@example.com, but note that we may retain certain information as required by law or to protect our rights and property.
The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. You acknowledge and agree that no Internet or email transmission is ever fully secure or error free. You agree to take special care in deciding what information you send to us via email. If you have any questions about the security of your personal information, you can contact us at firstname.lastname@example.org.
Use of the Services is only available to individuals who are of legal age to contract in their applicable jurisdiction. The Services are not directed to children under 13 years of age. If our policy changes, we will obtain consent from a parent or guardian before we knowingly collect data from anyone under the age of 13.
"Do Not Track"
Many Internet browsers allow users to send a "Do Not Track" signal to websites they visit. Currently, there is no consensus on the meaning of "Do Not Track" or similar signals, and our Services have no mechanism to respond to such a signal.
Changes to This Policy