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Terms of Service

Last Date Modified: March 29, 2016

Before using any web pages available at UrtheCast.com or creating an account, you are required to read, understand and agree to these terms. The right-hand column provides a short summary of the terms of service and is not legally binding.

If you have any questions about the Terms of Service or otherwise want to contact us, please email us.

1. Application

These terms of service (“Terms”) cover the ways in which the web pages available at UrtheCast.com (the “Site”) and the services available through the Site (the “Services” and together with the Site, the “UrtheCast Community”) may be accessed or used by you (“you” or “your”).

It is important to the UrtheCast Corp. and its affiliates (“us”, “we” or “our”) that we are able to provide users of the UrtheCast Community with the best possible experience and these Terms help us do that by setting out a few ground rules. A summary is provided on the right side of these Terms but it is not legally binding, so be sure to still read the full Terms.

Please read these Terms carefully before accessing or using the UrtheCast Community. By accessing or using the UrtheCast Community, you are agreeing to these Terms and the terms of our Privacy Policy https://www.urthecast.com/company/privacy-policy. If you do not agree to these Terms and the terms of our Privacy Policy, please do not access or use the UrtheCast Community.

Summary

By accessing or using the UrtheCast Community you agree to the below Terms and our Privacy Policy https://www.urthecast.com/company/privacy-policy. Please do not access or use the UrtheCast Community if you do not agree to these Terms and the Privacy Policy.

2. Registration

Access to some features on the Site and certain Services may require you to sign-up for an account with us. Signing-up may require a password, username and registration information. The registration information must be current and correct (and please update it to keep it that way). If you tell us something that is not true or correct and we end up in trouble or we are harmed as a result, you may have to compensate us for the damage you cause and for what we have lost.

We may provide specific or customized services to holders of certain specialized accounts. For these specialized accounts, there may be specific terms and conditions (other than or in addition to these Terms) that apply. If other terms and conditions apply, they will be separately brought to your attention.

We want you to enjoy the UrtheCast Community, but if we want to or need to, we can suspend or take away your permission to access or use the UrtheCast Community or your account at any time for any reason without notice or liability.

If someone finds out your username and password and causes harm to the UrtheCast Community or to us, we will hold you responsible. Please keep your password safe and change your password if you think someone else knows it, because you are responsible for all of your account activities.

To use the UrtheCast Community or to sign up for an account with us, you must be at least the age of majority in your jurisdiction (which typically is 18 or 19 but may be different in your jurisdiction) and, if you are a business, the people accessing the UrtheCast Community with your account must be authorized to legally bind you to these Terms.

You represent to us that you are the age of majority in the jurisdiction where you reside and, if you are accessing the UrtheCast Community on behalf of a business, you are authorized to legally bind the business.

Summary

To access certain features or services you may need to open an account. Please keep your account information safe because you are responsible for any harmful activity that might come from your account.

To open an account you must be at least the age of majority where you reside (this is typically 18 or 19 years old but could be different depending on where you are).

We can cancel or suspend your account or services at any time without liability.

3. User Content and Conduct

We will not be in any way responsible for any content that you submit or post to the UrtheCast Community, including but not limited to text, user comments, messages, information, data, graphics, links, photographs, illustrations and software (“User Content”). If we happen to see User Content that is offensive or inappropriate, we might take it down, but it is not our job to monitor or moderate the User Content. If you are going to submit or post in the UrtheCast Community, the User Content cannot be unlawful, inappropriate or offensive. For example, User Content cannot include profane, pornographic, racist or homophobic content, posts that are bullying or trolling, posts that damage other people’s reputations or posts that contain advertising. At any time and for any reason we have the right to delete or remove any User Content.

You agree not to use any deep linking, data mining, robots, scraping or similar data gathering methods.

Your User Content cannot violate any law, including intellectual property, privacy or other laws.

Your User Content is not confidential or proprietary and you give us a non-exclusive, transferable, fully paid, worldwide license to use, publish, copy, reformat, translate, excerpt or otherwise commercially exploit any of your User Content.

Summary

You are responsible for anything you post, upload or submit to the UrtheCast Community. Please be respectful and careful with what you submit. We can use the content you submit for any purpose and in any way that we choose.

Please do not violate or infringe the intellectual property rights of other people or companies.

4. Third Party Information

We do not endorse and are not responsible for any third party content posted or submitted to the Site or any UrtheCast Media, including links to websites and other resources operated by third parties (“Third Party Information”). We do not control Third Party Information, and are not responsible for, the content, products, services or information offered by any third parties. If you decide to access any Third Party Information or acquire any third party products or services, it is entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of these third parties. We have not independently verified any of the data from third party sources and will not be liable if it is not accurate.

Summary

We are not responsible or liable for any third party content on our site or our social media sites, including any links to other third party web sites.

5. Rights of Use and Intellectual Property Rights

You can only use or access the UrtheCast Community for your own personal use and not for commercial purposes, unless we have given you express permission for commercial use (and in that case, the commercial use would be restricted to our specified terms) (the “Commercial Permission”).

Unless you have Commercial Permission, you can only view, download, print and copy the content from the UrtheCast Community, including but not limited to images, map and terrain data, text, information, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content from the UrtheCast Community (the “UrtheCast Content”) for your own personal use. We own the UrtheCast Content or we use it with permission from other owners. Except as expressly provided with Commercial Permission or for your own properly submitted User Content, you may not copy, translate, modify, make derivative works of, redistribute, sublicense, rent, publish, sell, assign, market, reverse engineer, decompile, delete, or alter any of the UrtheCast Content or any part of the UrtheCast Community without our express written consent.

Summary

You can only use the site and services for your personal use unless we have given you specific permission otherwise.

6. Trademarks and Logos

The UrtheCast trademarks, names and logos are our property. All other trademarks, names and logos appearing, in the UrtheCast Community are the trademarks, names and logos of their respective owners. You may not use any of the trademarks, names or logos displayed within the UrtheCast Community (including modifying or copying them) except if you have express permission to do so from the owner.

Summary

We own our trademarks, names and logos. You must have permission from us if you want to use them in any way.

7. Access and Service

Your access to and use of the UrtheCast Community may sometimes be interrupted, for example, due to equipment malfunctions or for Site or Service updates, repair or maintenance. We may change, suspend, restrict or delete any features or functionality of the UrtheCast Community without notice to you and without liability.

The UrtheCast Community and everything in it is being provided to you “as is”. While we try keep the UrtheCast Community running smoothly, we do not make any promises to you about the standard or quality of the UrtheCast Community or that your access to or use of the UrtheCast Community will be uninterrupted or error free.

Summary

We are constantly improving and developing the UrtheCast Community but sometimes things can go wrong and you may not be able to access certain features. If things go very wrong, you may not be able to access or use the UrtheCast Community at all.

8. Changes to These Terms

We may change, modify, add, alter, remove portions of or otherwise update these Terms from time to time without notice to you or liability. By continuing to use and access the UrtheCast Community, you are agreeing to be bound by the then current version of the Terms.

Summary

The Terms can change. Please remember to check back here every so often to see about any changes.

9. Representations Regarding User Content

You represent and promise us that you own any User Content that you post, upload or submit to the UrtheCast Community or that you have written permission from the owner to do so. You also represent and warrant that the reproduction, display, distribution or other exploitation of your User Content will not infringe or violate the rights of other people.

Summary

You either own or have permission to post, upload or submit your content to the UrtheCast Community.

10. Copyright Complaints

We respect copyright and the intellectual property rights of others. We will try to promptly respond to and investigate any claim of yours that anything displayed or posted in the UrtheCast Community infringes intellectual property rights others. We will take appropriate action under intellectual property laws to deal with infringement, including removing or disabling access to infringing content. If you see anything in the UrtheCast Community that you think is an infringement on other’s intellectual property rights, please submit your notice in writing with the subject line “Copyright Infringement” to inquiries@urthecast.com and try to include as detailed description as you can of what you think the infringement is.

Summary

We will listen to you and take appropriate steps to make sure that the intellectual property rights of others are respected.

11. Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, agents, licensors and partners from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, lawyers' fees, arising from or relating in any way to your User Content, your use of UrtheCast Content, your use of the UrtheCast Community, your conduct in connection with the UrtheCast Community or with other UrtheCast Community users, or any violation of these Terms, any law or the rights of any third party.

Summary

If we get harmed or you cause harm to others, you will pay us back for the amount of that harm.

12. Disclaimer

UrtheCast is not responsible or liable for any User Content or other content posted on the UrtheCast Community or for any offensive, unlawful or objectionable content you may encounter on or through the UrtheCast Community.

The UrtheCast Community, User Content, UrtheCast Content, and the materials and products on the UrtheCast Community are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, UrtheCast denies and rejects all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the UrtheCast Community. We do not represent or warrant that the UrtheCast Community will be uninterrupted or error-free, that any defects will be corrected, or that the UrtheCast Community or the server that makes the Site available are free of viruses or anything else harmful. To the fullest extent permitted by law, we do not make any warranties or representations regarding the use of the images, data, information, materials or any other content in the UrtheCast Community in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain content from the UrtheCast Community at your own risk, and that you will be solely responsible for your use. UrtheCast reserves the right to change any and all UrtheCast Content and other items used or contained in the UrtheCast Community at any time without notice. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Summary

If things go wrong, even really wrong, with your access to or use of the UrtheCast Community we are not in any way liable.

13. Limitations of Liability

We will not be liable for any direct, special, incidental, indirect or consequential damages, including for any lost profits or lost data, that results from the use of, or the inability to use, the UrtheCast Community, the UrtheCast Content or the conduct of other UrtheCast Community users (whether online or offline) or any User Content, even if, we have been advised of the possibility of such damages. You assume total responsibility for your access to and use of the UrtheCast Community. Your only remedy against us for access to or use of the UrtheCast Community or any UrtheCast Content is to stop accessing and using the UrtheCast Community. That said, if we are found to be liable to you for any damage or loss which is in any way connected with your access to or use of the UrtheCast Community or any UrtheCast Content, our liability shall not exceed CDN$100.00. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Summary

Again, we are not liable. But if we were ever found liable, the most we could be liable for is $100.

14. Termination

We reserve the right in our sole discretion to terminate your account and any of your User Content, and restrict your use of all or any part of the UrtheCast Community for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from certain IP addresses or device numbers and prevent access to the UrtheCast Community. You understand and agree that some of your User Content, such as that which is displayed outside on other platforms (e.g., Facebook, Twitter, Google+, etc), may continue to appear on the UrtheCast Community or on other platforms even after your User Content is removed or your account is terminated. These Terms remain in effect even after your account is terminated. The Terms relating to intellectual property rights, trademarks and logos, indemnification, disclaimer, limitations of liability, forward-looking information, governing law, miscellaneous and terms that by their nature may survive termination shall survive any termination.

Summary

We can terminate your account and use of the UrtheCast Community at any time without notice or liability.

15. Forward-Looking Information

Certain statements contained on the UrtheCast Corp. (“UrtheCast”) website (the “Website”) may constitute forward-looking statements or forward-oriented financial information. These statements relate to future events or UrtheCast’s future performance. All statements, other than statements of historical fact, may be forward-looking statements. Forward-looking statements are often, but not always, identified by the use of words such as “seek”, “anticipate”, “plan”, “continue”, “estimate”, “expect”, “may”, “will”, “project”, “predict”, “propose”, “potential”, “targeting”, “intend”, “could”, “might”, “should”, “believe” and similar expressions. Forward-looking statements should not be unduly relied upon as actual results may vary significantly. Forward-looking statements on this Website include but are not limited to statements relating to: UrtheCast’s expectations with respect its cameras and future satellite constellations; anticipated cash and financing needs; its plans for and timing of expansion of its product offering and value-added services; its future growth and operations plans; the acceptance by its customers and the marketplace of new satellite imaging content, technologies and solutions; its ability to attract new customers; its competitive position and its expectations regarding competition; regulatory developments and the regulatory environments in which it operates; and anticipated trends and challenges in its business and the markets in which it operates. Such statements reflect UrtheCast’s current views with respect to future events, and in some cases information supplied by third parties, and are subject to risks and uncertainties. Such statements are necessarily based upon a number of estimates and assumptions (including that information received from third parties and publicly available information is reliable) that, while considered reasonable by UrtheCast, are inherently subject to significant uncertainties and contingencies. Many factors could cause UrtheCast’s actual results, performance or achievements to be materially different from any future results, performance, or achievements that may be expressed or implied by such forward-looking statements, including, among others: any delays or failures in the design, development, construction, launch and operational commissioning of the proposed satellite constellations; failures aboard the International Space Station (“ISS”) or the Deimos-1 or Deimos-2 satellites; failure to obtain, or loss of, regulatory approvals; interruptions to or failures of UrtheCast’s infrastructure; market acceptance of UrtheCast’s current and proposed products and services; the addition and successful operation of new features, and growth of revenue, on UrtheCast’s web platform; uncertainties and assumptions in UrtheCast’s revenue forecasts; legal and regulatory changes; risks that UrtheCast may be unable to raise additional financing should its expected revenues not materialize; UrtheCast’s success in expanding sales into new markets; competition in UrtheCast’s industry; as well as those factors and assumptions discussed in UrtheCast's annual information form dated March 29, 2016, (the “AIF”), which is available under UrtheCast's SEDAR profile at www.sedar.com. Forward-looking information is developed based on assumptions about such risks, uncertainties and other factors set out herein, in the AIF, and as disclosed from time to time on UrtheCast's SEDAR profile. UrtheCast undertakes no obligation to update forward-looking statements except as required by Canadian securities laws. Readers are cautioned against attributing undue certainty to forward-looking statements.

Summary

We may make statements about the future or expectations. Do not rely on them. We are sending technology into space. It is going to be uncertain.

16. Governing Law

Any litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the UrtheCast Community and/or the User Content and/or the UrtheCast Content must and will be venued exclusively in Vancouver, BC, Canada. These Terms and the relationship between you and us will be governed by the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein, without giving effect to principles of conflict of laws of any jurisdiction.

Summary

If we end up in court over anything to do with the UrtheCast Community it will take place in Vancouver, British Columbia and British Columbia law will apply.

17. Miscellaneous

If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. The official language of these Terms and all communications and agreements between us and you and any proceedings in connection with these Terms and/or your use of the UrtheCast Community, exclusively shall be made in the English language and you waive any rights you may have under any other law to have these Terms written in another language, and any translation of these Terms will be for convenience only. UrtheCast’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms or our Privacy Policy is in derogation of our right to comply with law enforcement requests or requirements relating to your use of the UrtheCast Community or information provided to or gathered by you with respect to such use. These Terms and our Privacy Policy constitute the entire agreement between you and us with respect to the UrtheCast Community, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the UrtheCast Community.

Summary

Essentially, we are confirming that these Terms are going to govern your use of the UrtheCast Community no matter what.

18. Media Disclaimer

We try to be careful about the information we submit, post, host or otherwise use in news releases, marketing materials, websites, advertising or on social media sites (collectively, “UrtheCast Media”). However, material on UrtheCast Media may still contain technical or other inaccuracies, omissions, or typographical errors, for which we assume no responsibility. We make no warranty or representation regarding the use, validity, accuracy, completeness or reliability of any claims, statements or information on UrtheCast Media. By using UrtheCast Media, you agree that we are not be liable for any damages whatsoever, including indirect, incidental, special, punitive or consequential damages and loss of profits, opportunities or information arising from (a) your use of or reliance on information contained on UrtheCast Media; (b) any inaccuracy or omission in such information or failure to keep the information current; (c) use of any third party websites linked or referred to from UrtheCast Media; (d) any delays, inaccuracies or errors in, or in the transmission of, any stock price quotes or historical price data; (e) any Internet software used in connection with UrtheCast Media or computer viruses or other destructive programs encountered as a result of using UrtheCast Media; and (f) any other matter connected with UrtheCast Media, in all cases even if we are made aware of the possibility of such claims, damages or losses.

Unless otherwise indicated, all information posted on UrtheCast Media is current only as of the date on which the information is posted. We may at any time make changes to the information on UrtheCast Media without prior notice. You should always ensure that you are referring to the most current information available on UrtheCast Media. The information is not a substitute for independent professional advice before making any investment decisions. As well, you may not modify or reproduce in any form, electronic or otherwise, any information on UrtheCast Media, except for personal use, unless you have obtained our express permission.

Summary

We try to be careful about what is posted on our site and our social media sites, but it may contain errors. Information posted by us is current as of the date it is posted and you should ensure you are referring to the most current information.