Terms and Conditions of Use
The 3D EARTH app is (the "App") is owned and operated by Bad Monkey Team, LLC,("BMT"). Listed below are the terms and conditions of use (the "Terms") for this App. By using, accessing and/or viewing information on the App, you (the .Participant.) agree to be bound by these Terms. If you violate these Terms, BMT has the right to terminate your use of the App and/or take appropriate legal actions against you. We reserve the right to change these Terms at any time by posting on the App. participant understands and agrees that its use of this App is a benefit voluntarily given by BMT and that BMT may withdraw that benefit and rescind your participation at any time for any reason in its sole discretion. If you do not agree to the Terms you cannot use this App or the services and information offered herein.
- PERMITTED USE. You may use the App and the features, information, pictures 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 App for your personal, non-commercial use and will not publish or otherwise distribute the Data for any other purpose. Without limiting the foregoing, you may not utilize the App 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 App and its Data are provided in Sections 2, 6 and 9 of these Terms.
- OWNERSHIP/TRADEMARKS. Participant does not acquire or have any ownership, license or other proprietary interest in the App or the Data. You understand that the App and the Data are protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. You cannot use any protected material without the express written consent of the owner of such material except as permitted by law.
- BMT has adopted and implemented a policy that provides for the termination in appropriate circumstances of account holders who repeatedly infringe the rights of copyright holders.
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 in paragraph 4 above.
- MONITORING. BMT shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, BMT shall have the right, but not the obligation, to remove any material we in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable. However, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not that of BMT.
- ADVERTISERS/VENDORS/SERVICE PROVIDERS. The App may contain advertising and sponsorship. Advertisers and sponsors are responsible for insuring that materials submitted for inclusion on the App are accurate and comply with applicable laws. BMT will not be responsible for the illegality of or any error in accuracy in any advertisers. or sponsors. materials. participant understands and agrees that, in order to provide for the use of this App, BMT contracts with certain vendors and service providers, which have certain rights, limitations of warranties, and limitations of liability in those contracts. Participant understands and agrees that it is not a third party beneficiary under any such agreements, that it has no rights whatsoever pursuant to such agreements, and that it has no contractual or other relationship with any advertiser, business affiliate, vendor or service provider by reason of the use or information provided on this App or any agreement relating to the App. To the extent that Participant has any such rights or claims by operation of law or otherwise, Participant hereby waives any and all rights and claims whatsoever against those vendors and service providers whether resulting from the exercise of any right by such vendors or service providers pursuant to such agreements, the any error or omission in the services provided, not provided, withdrawn or terminated, or the use of this App.
- LIMITATION OF LIABILITY. BMT assumes no responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of any inaccuracy, incompleteness or obsolescence of any Data contained in the App. THE SERVICES OF THE SITE ARE PROVIDED .AS IS., WITH NO WARRANTIES WHATSOEVER. Without limiting the generality of the forgoing, you agree that neither BMT nor any of its affiliates, employees or agents will be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the App or any viewing or use of any information on the App. You acknowledge that the limitations in this Section are reasonable and appropriate. BMT DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE DATA IN THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE. YOU AGREE THAT YOUR USE OF, OR RELIANCE UPON, ALL DATA OBTAINED THROUGH THE APP IS AT YOUR OWN DISCRETION AND RISK.
- MODIFICATIONS/TERMINATION. Without limiting its other remedies, BMT may immediately discontinue, suspend, terminate or block your and any user's access to this App at any time in its sole discretion. BMT may amend or modify these terms and conditions at any time. Any such changes will become effective immediately upon the date they are first posted to this App. You agree to be bound by these revised terms and conditions. It is your responsibility to return to this page from time to time to review the most current terms and conditions. BMT does not assume any obligation to notify you of changes to these terms and conditions.
- GOVERNING LAW/JURISDICTION. These terms and conditions and your access to and use of information from the App are governed by the laws of the State of Michigan. In the event of any dispute regarding the interpretation or compliance with these terms and conditions, you consent to the exclusive jurisdiction of the state and federal courts located in Washtenaw County, Michigan.
- ENTIRE AGREEMENT. These terms and conditions of use for this app constitute the entire agreement between you and BMT regarding your access to the App and your reproduction and use of any information in the App. Any waiver of any term or condition shall not be effective unless in a written document signed by an authorized representative of BMT.
USER TERMS AND CONDITIONS
- PERMITTED USE. You may access, view and make copies of information in the Weather Updates only for your personal use. You may not publish or otherwise distribute any information in the Weather Updates for any purpose.
- OWNERSHIP/TRADEMARKS. The Weather Updates, and all information contained in the Weather Updates, is the property of BMT or its third party providers. All information in the Weather Updates is proprietary to BMT or its third party providers. You do not acquire or have any ownership or other proprietary interest in any information contained in the Weather Updates. You agree that information contained in the Weather Updates is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.
- ACCURANCY OF INFORMATION. All information in the Weather Updates is provided to you on an "as-is" basis. YOU ACKNOWLEDGE THAT REPORTS, FORECASTS AND OTHER INFORMATION REGARDING WEATHER AND CLIMATIC CONDITIONS ARE UNCERTAIN.BMT DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY INFORMATION IN THE WEATHER UPDATES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE.
- TRANSMISSION FAILURES. BMT will use commercially reasonable efforts to publish and transmit the Weather Updates on a continuous and timely basis. BMT is not, however, responsible for any failure or malfunction in communications; for any failure or refusal of any third party transmission intermediaries to transmit any Weather Updates; or for the failure to transmit any Weather Updates resulting from any natural disasters, wars, labor strike or other events beyond the control of BMT. YOU ACKNOWLEDGE THAT, IN CIRCUMSTANCES INVOLVING NATURAL DISASTERS, FEDERAL, STATE AND MUNICIPAL GOVERNMENTAL AGENCIES WILL ISSUE OFFICIAL WEATHER WATCHES, WARNINGS, ADVISORIES, BULLETINS AND SIMILAR COMMUNICATIONS.
- LIMITATION OF LIABILITY. You acknowledge that, BMT cannot and does not assume any responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of receiving the email such as pager charges, or as a result of any inaccuracy, incompleteness or obsolescence of any information contained in the Weather Updates. You agree that BMT will not be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the Weather Updates or any contractual or other dealings or relationships you may have with third parties based upon any information included in the Weather Updates.
- INDEMNIFICATION. You agree to indemnify and to hold BMT, its subsidiaries, affiliates, officers, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorney fees) arising out of your use of the Weather Updates, including, without limitation, any violations by you in the terms and conditions for your use of the Weather Updates.
- GOVERNING LAW/JURISDICTION. This Subscription Agreement and your access to and use of information from the Weather Updates are governed by the laws of the State of Michigan. In the event of any dispute regarding the enforcement or interpretation of this Subscription Agreement or your compliance with these terms and conditions, you consent to the exclusive jurisdiction of the state and federal courts located in Washtenaw County, Michigan.
- ENTIRE AGREEMENT. This Subscription Agreement constitutes the entire agreement between you and BMT regarding your access to the Weather Updates and your reproduction and use of any information in the Weather Updates.