The following terms and conditions govern all use of all Natural Atlas products, software, services, widgets, and websites (collectively, the "Services") and any content uploaded, downloaded, or displayed on the Services, including but not limited to text, graphics, photos, information, links, maps, data, and geographic locations (collectively the "Content").
Please read these terms and conditions carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the Agreement, then you may not access the Services. If these terms and conditions are considered an offer by Natural Atlas, acceptance is expressly limited to these terms. The Services are available only to individuals who are at least 13 years old.
Disclaimer of Warranties.
The Services and their components are offered for informational purposes only. You understand that your access to and use of the Services or any Content are at your own discretion and risk. The Services are provided “as is”. Natural Atlas and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Natural Atlas nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted.
By operating the Services, Natural Atlas does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Services may also contain Content that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
There are many risks associated with the activities mentioned in the Content that appears on Natural Atlas, including, but not limited to, becoming disoriented, lost, harmed, injured, and unknowingly trespassing. Before using any of the Content on Natural Atlas, you should always consult with landowners and governing agencies for the most up-to-date information about the dangers and legality of partaking in the activities mentioned in the Content.
Maps on Natural Atlas are governed by the same Disclaimer of Warranty as other Content, but we emphasize that special care should be taken when using maps, and they only should be used for informational and planning purposes. Natural Atlas does its best to validate and correct map inaccuracies, but has not, and cannot, review any maps in their entirety and therefore cannot be responsible for their use or effects.
Limitation of Liability.
To the maximum extent permitted by applicable law, in no event will Natural Atlas, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for: (i) any special, incidental, punitive, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; (iv) any conduct or content of any third party on the site, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (v) unauthorized access, use or alterations of your transmissions or content; or (vi) for any amounts that exceed the fees paid by you to Natural Atlas under this agreement during the twelve (12) month period prior to the cause of action. Natural Atlas shall have no liability for any failure or delay due to matters beyond their reasonable control.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NATURAL ATLAS ENTITIES SHALL NOT BE LIABLE FOR ANY INJURIES, PERSONAL OR OTHERWISE, INCURRED, DIRECTLY OR INDIRECTLY, AS A RESULT OF USING THE SERVICES OR PARTICIPATING IN ANY ACTIVITY OR VISITING ANY PLACE MENTIONED IN THE CONTENT.
In no event shall the aggregate liability of Natural Atlas entities exceed the greater of one hundred U.S. dollars (US$100.00) or the amount you paid Natural Atlas, if any, in the past twelve months for the services giving rise to the claim.
You understand that by the Service, you may be exposed to Content that is offensive, indecent or objectionable. You agree that you are responsible for your own conduct and Content while using Natural Atlas and for any consequences thereof. You agree to use Natural Atlas only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using Natural Atlas, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
- Impersonate another person or entity, or falsify or delete any author attributions
- Interfere with or disrupt Natural Atlas services or servers
- Create user accounts by automated means or under false or fraudulent pretenses
If you create an account on the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify Natural Atlas of any unauthorized uses of your account or any other breaches of security. Natural Atlas will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
License to Content you Submit.
By submitting Content to any of the Services provided by Natural Atlas, you grant Natural Atlas a world-wide, royalty-free, and non-exclusive license (with the right to sublicense) to reproduce, modify, adapt and publish the Content. This license allows Natural Atlas to make publicly-posted content available to third parties selected by Natural Atlas so that these third parties can analyze and distribute your content through their services. Natural Atlas reserves the right to display advertisements on your Content.
Without limiting any of those representations or warranties, Natural Atlas has the right (though not the obligation) to, in Natural Atlas’s sole discretion (i) refuse or remove any content that, in Natural Atlas’s reasonable opinion, violates any Natural Atlas policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Natural Atlas’s sole discretion. Natural Atlas will have no obligation to provide a refund of any amounts previously paid.
If you delete Content, Natural Atlas will use reasonable efforts to remove it from its Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Natural Atlas staff maintains the right to edit your submitted Content for the purpose of correcting factual errors, removing copyright violations, and changing or deleting any Content that is otherwise in violation of Natural Atlas policies.
Restrictions on Use.
By using the Services, you (or those acting on your behalf) may not:
- use, repost, copy, distribute or publish the Content unless (i) the Content has been indicated by Natural Atlas to have another license and you use the Content in accordance to that license, or (ii) you have explicitly been given permission by Natural Atlas in a separate agreement;
- use geographic location data (latitude, longitude coordinates) to create or augment any other dataset;
- access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Natural Atlas (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Natural Atlas;
- crawl any portion of the site unless the crawler (i) adheres to the rules in robots.txt, (ii) adheres to all other terms in this Agreement, including, but not limited, to all restrictions on access and use of the Content; and (iii) does not scrape unless given prior permission by Natural Atlas;
- access, reverse engineer, tamper with, or use non-public areas of the Services, Natural Atlas's computer systems, or the technical delivery systems of Natural Atlas's providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Responsibility of Contributors.
If you post Content to the Services or otherwise make (or allow any third party to make) Content available by means of the Services, You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, maps, graphics, data, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
Payment and Renewal.
Optional paid services such as extra offline storage, or premium maps purchases are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Natural Atlas the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
Unless you notify Natural Atlas before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades purchased through the App Store can be canceled at any time through the App Store. Upgrades not purchased through the App Store can be canceled at any time through the "Manage Billing" section of your Account Settings page on naturalatlas.com.
Copyright Infringement and DMCA Policy.
As Natural Atlas asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by any of Natural Atlas' Services violates your copyright, you are encouraged to notify Natural Atlas. Natural Atlas will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Natural Atlas will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Natural Atlas or others. In the case of such termination, Natural Atlas will have no obligation to provide a refund of any amounts previously paid to Natural Atlas.
This Agreement does not transfer from Natural Atlas to you any Natural Atlas or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Natural Atlas. Natural Atlas, NaturalAtlas.com, the Natural Atlas logo, and all other trademarks, service marks, graphics and logos used in connection with Natural Atlas' Websites and Services are trademarks or registered trademarks of Natural Atlas or Natural Atlas’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Natural Atlas or third-party trademarks.
Changes to Terms.
Natural Atlas reserves the right to make changes to the terms in the Agreement from time to time. When changes are made, Natural Atlas will make a new copy of the Agreement available at /terms. You understand and agree that by using the Services after the date on which the terms have changed, you accept the updated terms and conditions. If you disagree with our changes, then you should stop using the Services immediately. Your continued use of the Services will be subject to the new terms and conditions. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Natural Atlas may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Natural Atlas account (if you have one), you may simply delete your account and discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. If you terminate your account, we make our best effort to remove any Content that you submitted to the Services that you have complete ownership of. Any edits made to Content that is editable by the community will not be removed.
General Representation and Warranty.
You agree to indemnify and hold harmless Natural Atlas, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Natural Atlas and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Natural Atlas, or by the posting by Natural Atlas of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Natural Atlas may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.