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Terms
Introduction

These terms and conditions govern your use of this application; by using this application, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this application. This application uses cookies. By using this application and agreeing to these terms and conditions, you consent to EarthX use of cookies in accordance with the terms of EarthX’s privacy policy.

Who can use Earthx

Our community is safer and more accountable when people accurately represent who they are. For that reason, you must:

  • Use the same name that you use in everyday life.
  • Provide accurate information about yourself.
  • Create only one account (your own) and use your feed for personal purposes.
  • Not share your password, give access to your EarthX account to others, or transfer your account to anyone else (without our permission).

We try to make EarthX broadly available to everyone, but you cannot use EarthX if:

  • You are under 16 years old.
  • You are a convicted sex offender.
  • We previously disabled your account for violations of our terms or policies.
  • You are prohibited from receiving our products, services, or software under applicable laws.
Your Responsibilities

You are responsible for your own Account and all use of the Services under it. You shall not share your Account password. You are solely responsible for managing your password and for keeping your password confidential. You are also solely responsible for restricting access to any device you use to access your Account. Your Account and these Terms and Conditions are personal to you and are not transferable by you to any third party without the prior written consent of EarthX. You further represent that you will create and/or use only one Account. Any creation of additional Account(s) shall be considered a violation of these Terms of Conditions.

Permission to use content you create and share

You own the content you create and share on EarthX and the other EarthX applications you use, and nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. To provide our services, though, we need you to give us some legal permissions to use that content. Specifically, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on EarthX, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other EarthX applications you use. You can end this license any time by deleting your content or account. You should know that, for technical reasons, content you delete may persist for a limited period of time in backup copies (though it will not be visible to other users). In addition, content you delete may continue to appear if you have shared it with others and they have not deleted it.

License to use application

Unless otherwise stated, EarthX and/or its licensors own the intellectual property rights in the application and material on the application. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the application for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this application (including republication on another application);
  • sell, rent or sub-license material from the application
  • show any material from the application in public
  • reproduce, duplicate, copy or otherwise exploit material on this application for a commercial purpose;
  • edit or otherwise modify any material on the application; or
  • redistribute material from this application, except for content specifically and expressly made available for redistribution.
Permission to update software you use or download

If you download or use our software, you give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it.

Limits on using our intellectual property

If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on EarthX), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) with our prior written permission. You must obtain our written permission (or permission under a license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

Acceptable use

You must not use this application in any way that causes, or may cause, damage to the application or impairment of the availability or accessibility of the application; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this application to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this application without EarthX’s express written consent.

You must not use this application for any purposes related to marketing without EarthX’s express written consent.

No warranties

This application is provided “as is” without any representations or warranties, express or implied. EarthX’s makes no representations or warranties in relation to this application or the information and materials provided on this application. Without prejudice to the generality of the foregoing paragraph, EarthX does not warrant that:

  • this application will be constantly available, or available at all; or
  • the information on this application is complete, true, accurate or non- misleading.

Nothing on this application constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

EarthX will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this application:

  • to the extent that the application is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if EarthX has been expressly advised of the potential loss.

Exceptions

Nothing in this application disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this application disclaimer will exclude or limit EarthX liability in respect of any:

  • death or personal injury caused by EarthX’s negligence;
  • fraud or fraudulent misrepresentation on the part of EarthX  or
  • matter which it would be illegal or unlawful for EarthX to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness

By using this application, you agree that the exclusions and limitations of liability set out in this application disclaimer are reasonable.

If you do not think they are reasonable, you must not use this application.

Other parties

You accept that, as a limited liability entity, EarthX has an interest in limiting the personal liability of its officers, employees and licensors. You agree that you will not bring any claim personally against EarthX’s officers, employees and licensors in respect of any losses you suffer in connection with the application.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this application disclaimer will protect EarthX’s officers, employees, agents, subsidiaries, successors, assigns and sub- contractors as well as EarthX.

Unenforceable provisions

If any provision of this application disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this application disclaimer. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.

Indemnity

You hereby indemnify EarthX and undertake to keep EarthX indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by EarthX to a third party in settlement of a claim or dispute on the advice of EarthX’s legal advisers) incurred or suffered by EarthX arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to EarthX’s other rights under these terms and conditions, if you breach these terms and conditions in any way, EarthX may take such action as EarthX deems appropriate to deal with the breach, including suspending your access to the application, prohibiting you from accessing the application, blocking computers using your IP address from accessing the application, contacting your internet service provider to request that they block your access to the application and/or bringing court proceedings against you.

Variation

EarthX may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this application from the date of the publication of the revised terms and conditions on this application. Please check this page regularly to ensure you are familiar with the current version.


Some of the Features we offer are also governed by supplemental terms. If you use any of those features, supplemental terms will be made available and will become part of our agreement with you. For instance, if you access or use our Features for interactive purposes, such as joining a group, buying a product, managing an event, then you must agree to the Supplemental Terms. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.

Assignment

EarthX may transfer, sub-contract or otherwise deal with EarthX’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Memorialization

You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Additional Provisions
  • These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  • You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
  • We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
Entire agreement

These terms and conditions constitute the entire agreement between you and EarthX in relation to your use of this application, and supersede all previous agreements in respect of your use of this application. They supersede any prior agreements. We reserve all rights not expressly granted to you.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Texas Law and United States Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Texas.

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