Aerial3D360.com ("Aerial3D360", "we" or "us") is pleased to provide you with access to the Aerial3D360 platform, which allows a user ("User" or "you") to upload, download, generate, and/or publish photos and 3D files on the Aerial3D360 website. All elements of the Aerial3D360 platform are referred to herein as the "Services," and may be modified from time to time at our sole discretion.
1. General Conditions
1.1 Description of Services. Aerial3D360 is pleased to offer free services ("Free Services") with limited functionality, as well as various tiers of paid services ("Paid Services") with enhanced functionality.
1.2 Account. An Aerial3D360 account is required in order to take full advantage of the Services. The account can be created directly by filling out the appropriate form. You agree to provide only accurate and true information in connection with the creation of your account, and to update your information as necessary so it remains accurate and current. You may not transfer your account to any third party. You are responsible for keeping your account login information confidential and for any and all activities that occur under your account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or other breach of security on the Services. You will have the ability to pick an available usernames to link to your account. Please note that Aerial3D360 retains the right at any time to deactivate, reallocate or rename your username at its sole discretion. In the event of the deactivation, reallocation or renaming of your username all your User Content and Services shall continue to remain associated with your account, subject to the terms of this Agreement.
1.3 Access. We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, in accordance with this Agreement, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.
1.4 Minors. THE SERVICES ARE NOT INTENDED FOR CHILDREN UNDER 13, and persons under the age of 13 are prohibited from registering with or using the Services. You represent and warrant that you are more than 18 years of age or, if you are above 13 and below 18 years of age, you are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
2. Subscriptions and Purchases
2.1 Pricing. The pricing of our various Paid Services options will be available at https://aerial3D360.com/plans. Payment is due at the beginning of each service or subscription period, payable securely via PayPal (www.paypal.com). Aerial3D360 shall email payment invoices to Users upon request. In the event of a pricing change to your Paid Services plan, we will inform you within 1 (one) month before the new prices take effect. If you do not wish to continue your current Paid Services plan with the new prices, you may cancel your Paid Services plan.
2.2. Representations. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYPAL ACCOUNT, AND ANY BANK ACCOUNTS OR CREDIT CARD(S) ACCESSED THROUGH THE PAYPAL ACCOUNT, THAT YOU USE TO PAY FOR THE SERVICES. You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
3. Ownership of Aerial3D360 Content
3.1 Generally. By using the Services, you will encounter "Aerial3D360 Content," which includes all of the images, text, information, data, audio, video, graphics and other material included on or otherwise made available through the Services, excluding User Content. "User Content" includes all the 3D models, images, and related content, as well as User comments, uploaded by Users, that make up the Services. Except as otherwise set forth in this Agreement, we do not claim ownership over any User Content.
3.2 Ownership. All Aerial3D360 Content is owned by Aerial3D360 or its licensors, and is protected by international copyright laws, trademark laws and/or other proprietary rights and laws. As between you and Aerial3D360 and its licensors, Aerial3D360 or its licensors own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all Aerial3D360 Content that we or our licensors create and that we make available to you through the Services, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein. The trademark AERIAL3D360 and all associated logos and the other trademarks, service marks, logos and trade names displayed on or in connection with the Services are the registered and unregistered trademarks and service marks of Aerial3D360 or third parties. Your use of the Services does not grant you any ownership over any Aerial3D360 Content, and except for the limited license we grant you under this Agreement, your use of the Services does not grant you any license or permission under any copyright, trademark or other intellectual property rights of Aerial3D360 or any third party. We reserve all rights not expressly granted to you in this Agreement.
3.3. Service and Content License. We grant you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Services as they are provided to you by us, only as set forth in this Agreement. Except as expressly permitted in this Agreement, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any portion of the Services or Aerial3D360 Content for any purpose without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Services or Aerial3D360 Content without express prior written permission from us or the applicable rights holder is strictly prohibited.
3.4 Software. All software and software-as-a-service (SAAS) used in connection with the Services ("Software") is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited. You agree that we may update the Software without notice, at any time and in our sole discretion, and that this Agreement will apply to any updated versions.
4. User Content
During the operation of the Services, Users may upload certain User Content including images or photos. You remain the owner of your User Content at all times, and Aerial3D360 does not claim any ownership rights in your User Content. User Content is otherwise subject to the following provisions.
4.2 User Content License. By using the Services, you grant Aerial3D360 a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers) right and license to use and adapt the User Content for the purposes of developing, distributing, providing, improving, and promoting the Services. In addition, Aerial3D360 or Users may make User Content available to other users for download via one of several Creative Commons licenses. For more information, see http://creativecommons.org/licenses/. By downloading User Content made available by other Users, you agree to adhere to the terms of the Creative Commons license that applies at the time of download.
4.3 User Representations. By submitting User Content, you represent and warrant that (i) you own or otherwise control all of the rights to your User Content, (ii) the use of your User Content does not violate this Agreement or the law, and will not violate any rights of or cause injury to any person or entity, and (iii) your User Content will not violate the additional content restrictions set forth in Section 5 of this Agreement.
4.4 User Feedback. We appreciate your feedback and suggestions about our Services, but you agree that any feedback or suggestions submitted to us about the Services are entirely voluntary and that we will be free to use any such feedback or suggestions as we see fit and without any obligation to you.
4.5 Right to Monitor or Remove. You agree that you bear all risks associated with your User Content. You are solely responsible for safeguarding your User Content, and Aerial3D360 has no duty to store copies of User Content for future availability to you or any user except as otherwise provided under this Agreement. Aerial3D360 does not permit the infringement of intellectual property rights on the Services, and will remove User Content from the Services if properly notified that such User Content infringes on another's intellectual property rights. We reserve the right to remove User Content from the Services, in whole or in part, without prior notice, for any reason or for no reason at all. Without limiting our right to terminate a User pursuant to Section 8 of this Agreement, we reserve the right to terminate the account of any User of the Services who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice. We also reserve the right to decide whether User Content is appropriate and complies with this Agreement for violations other than violations of intellectual property law.
5. User Restrictions and Obligations
It is important to us that the Services be used safely, and in accordance with the law, for the enjoyment of all Users. You agree that you will not use the Services to:
i. Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, Aerial3D360 Content, and User Content except as permitted by this Agreement;
ii. Promote any illegal activity, or advocate, promote or assist any unlawful act;
iv. Transmit any material or content that is pornographic, obscene, improper, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, shocking, inappropriate for families, illegal, or otherwise objectionable;
v. Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
vi. Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;
vii. Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
viii. Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods;
ix. Use the services in a manner that (a) is likely to interrupt, suspend, slow down or hinder the continuity of the Services, (b) constitutes an intrusion or attempt to break into the Services or Aerial3D360's computer or networking systems, (c) will divert of the Services' system resources, (d) may place a disproportionate load on the infrastructure of the Services, and (e) constitutes an attack on security and authentication measures of the Services or Aerial3D360's computer or networking systems.
x. Intrude into a third party's computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party's computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans);
xi. Otherwise use the Services for purposes other than those for which they were designed.
You agree to inform Aerial3D360 promptly about any legal complaint, claim or action related to the User Content you have uploaded using the Services.
6. Warranty Disclaimers, Limitations of Liability, Indemnity
DISCLAIMER OF WARRANTIES. Aerial3D360 undertakes to provide the Services diligently and professionally, and otherwise makes no representations or warranties of any kind regarding the Services or the Aerial3D360 Content. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. AERIAL3D360, INC. EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICES, WEBSITE AND THE AERIAL3D360 CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES, WEBSITE OR THE AERIAL3D360 CONTENT; AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES, WEBSITE OR THE AERIAL3D360 CONTENT. No advice or information obtained by you from Aerial3D360, or otherwise through the Services, will create any warranty not expressly stated herein.
LIMITATION OF LIABILITY. AERIAL3D360'S MAXIMUM AGGREGATE LIABILITY TO ANY USER WILL BE THE AMOUNT PAID FOR THE PERIOD IN WHICH THE LIABILITY ARISES, ONLY IF THE USER HAS PAID FEES FOR USE OF THE SERVICES. AERIAL3D360 WILL NOT OTHERWISE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR FROM ANY INFORMATION, AERIAL3D360 CONTENT, DESIGNS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity. You agree to indemnify and hold Aerial3D360 and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys' fees) assessed or incurred by Aerial3D360 directly or indirectly, with respect to or arising out of: (i) your failure to comply with this Agreement; (ii) your breach of your obligations under this Agreement; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; (iv) your violation of any third party right, including without limitation any intellectual property, right of publicity, or privacy right; and/or (v) any claim that any of your User Content caused damage to a third party.
7. Modifying and terminating the Services
7.1 At any time. Aerial3D360 reserves the right to modify or stop offering all or part of the Services at any time, at its own discretion, in which case we will provide you with one (1) month's notice.
7.2 For cause. We may terminate your user account or right to access all or portions of the Services at any time, without notice, for conduct that we believe violates this Agreement and/or is harmful to other users, to Aerial3D360, to other service or information providers, or to any third parties.
7.3 Survival. After any termination of this Agreement and/or after you otherwise stop using the Services, the following will survive and remain enforceable and in full force and effect: (i) all outstanding obligations between you and us; (ii) all remedies for breach of this Agreement; and (iii) the following sections of this Agreement: 2(a), 2(b), and 2(d) (Ownership and Content); 3 (User Content); 4 (Other Websites and Services); 5 (Warranty Disclaimers, Limitations of Liability, Indemnity); 6 (Intellectual Property Claims); 7 (Applicable Law and Jurisdiction); 8 (Dispute Resolution); 9 (Termination of Service); and 10 (Miscellaneous).
8. Other Websites and Services
9. Applicable law and jurisdiction; Arbitration
Aerial3D360 reserves the right to amend the Agreement at any time by posting a notice on this page, sending an email notification to registered Users, or otherwise notifying Users via the Services. Registered Users will receive notification of forthcoming change one (1) month before the Agreement as amended is effective. Any User using the Services after an amendment has become effective accepts the Agreement as amended. A User who does not accept the amended Agreement shall, before it becomes effective, cease use of the Services.
You consent to receive communications from us electronically, and you agree that we may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you, or that you provide to us, electronically satisfy any legal requirement that such communications be in writing. We are not responsible for any automatic filtering that may be applied to any email notices that we send to the email address you have provided.