AnnotatedEarth.com - Terms of Use / Privacy
Terms and Conditions of Use
Privacy Policy
Last Update: March 9,
2003
Terms and Conditions of Use
This web site, including any subsite accessible
through the homepage, (the "Site") is published and maintained by subsidiaries,
affiliates and/or related entities of AnnotatedEarth. You can e-mail us at
webmaster@AnnotatedEarth.com.
Please note that when you enter any subsite accessible through this homepage or
the software, such subsite may
have its own terms and conditions of use which is specific to such subsite.
When you access, browse or use this Site you accept, without limitation or
qualification, the terms and conditions set forth below and any additional
terms and conditions of use set forth in any subsite.
Your Right to Use the Site and Its Contents
This Site is only for your personal use. You may not distribute, exchange,
modify, sell or transmit anything you copy from this Site, including but not
limited to any text, images, GPS information,
audio and video, for any business, commercial or public purpose. As long as you
comply with the terms of these Terms and Conditions of Use, AnnotatedEarth
grants you a non-exclusive, non-transferable, limited right to enter, display
and use this Site. You agree not to interrupt or attempt to interrupt the
operation of this Site in any way.
Ownership
All materials on this Site, including but not limited to audio, images,
software, text, Location Information, and
video clips (the "Content"), are protected by copyright under U.S. copyright
law, international conventions, and other copyright laws. You cannot use the
Content, except as specified herein. You agree to follow all instructions on
this Site limiting the way you may use the Content. There are a number of
proprietary logos, service marks and trademarks found on this Site. By making
them available on this Site, AnnotatedEarth is not granting you any license to
utilize those proprietary logos, service marks, or trademarks. Any unauthorized
use of the Content may violate copyright laws, trademark laws, the laws of
privacy and publicity, and civil and criminal statutes.
You may download one (1) copy only of the Content to
be used only by you for your personal use at home unless the subsite you are
accessing states that you may not. If you download any Content from this Site,
you may not remove any copyright or trademark notices or other notices that go
with it.
AnnotatedEarth's Rights to User's Material
If you send any communications or materials to the Site by electronic mail or
otherwise, including any comments, data, questions, suggestions or the like,
all such communications are, and will be treated as, non-confidential and
non-proprietary. Thus, you give up any claim that any use of such material
violates any of your rights including moral rights, privacy rights, proprietary
or other property rights, publicity rights, rights to credit for material or
ideas, or any other right, including the right to approve the way
AnnotatedEarth uses such material.
Any material submitted to this Site may be adapted,
broadcast, changed, copied, disclosed, licensed, performed, posted, published,
sold, transmitted or used by AnnotatedEarth anywhere in the world, in any
medium, forever. Furthermore, AnnotatedEarth is free to use, without any
compensation to you, any concepts, ideas, know-how or techniques contained in
any communication you send to the Site for any purpose whatsoever, including
but not limited to developing, manufacturing and marketing products using such
information. However, you agree and understand that AnnotatedEarth is not
obligated to use any such ideas or materials and you have no rights to compel
such use.
Transmitted Material
Internet transmissions are never completely private or secure. You understand
that any message or information you send to this Site may be read or
intercepted by others unless there is a special notice that a particular
message (for example, credit card information) is encrypted (send in code).
Sending a message to AnnotatedEarth does not cause AnnotatedEarth to have any
special responsibility to you.
Links
This Site may contain links to other Internet sites on the World Wide Web.
AnnotatedEarth provides such links for your convenience only, and is not
responsible for the content of any site linked to or from this Site. Links from
this Site to any other site do not mean that AnnotatedEarth approves of,
endorses or recommends that site. AnnotatedEarth disclaims all warranties,
express or implied, as to the accuracy, legality, reliability or validity of
any content on any other site.
Rules for Kids (Under Age 16)
If you are under 16, you should ask your parents or a guardian before you:
E-mail the Site, or ask us to e-mail anything to you;
Send in any information;
Post any information on any bulletin board or enter any chat room; or
Buy anything online.
Availability of Products and Services
The products and services displayed on the Site may not be available for
purchase in your particular country or locality. The reference to such products
and services on the Site does not imply or warrant that these products or
services will be available at any time in your particular location.
AnnotatedEarth's Right to Change These Terms and
Conditions of Use or Content on the Site
AnnotatedEarth may add to, change or remove any part of these Terms and
Conditions of Use at any time, without notice. Any changes to these Terms and
Conditions of Use or any terms posted on this Site apply as soon as they are
posted. By continuing to use this Site after any changes are posted, you are
indicating your acceptance of those changes. AnnotatedEarth may add, change,
discontinue, remove or suspend any other Content posted on this Site, including
features and specifications of products described or depicted on the Site,
temporarily or permanently, at any time, without notice and without liability.
Indemnification
You agree to indemnify, defend and hold AnnotatedEarth and all of its agents,
directors, employees, information providers, licensors and licensees, officers
and parent, (collectively, "Indemnified Parties") harmless from and against any
and all liability and costs (including, without limitation, attorneys' fees and
costs), incurred by the Indemnified Parties in connection with any claim
arising out of any breach by you of these Terms and Conditions of Use or the
foregoing representations, warranties and covenants. You will cooperate as
fully as reasonably required in AnnotatedEarth's defense of any claim.
AnnotatedEarth reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you
and you shall not in any event settle any matter without the written consent of
AnnotatedEarth.
Disclaimer of Warranties and Damages; Limitation of
Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND
FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS."
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS
SITE, AnnotatedEarth MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH
THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES
OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER
EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR
OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO
AnnotatedEarth'S NEGLIGENCE, SHALL AnnotatedEarth BE LIABLE FOR ANY
CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES
RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE OR (C) ERRORS OR OMISSIONS
IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF AnnotatedEarth OR AN
AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL AnnotatedEarth'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
General Provisions
These Terms and Conditions of Use and any additional terms posted on this Site
together constitute the entire agreement between AnnotatedEarth and you with
respect to your use of this Site. Any cause of action you may have with respect
to your use of this Site must be commenced within (1) year after the claim or
cause of action arises. If for any reason a court of competent jurisdiction
finds any provision of these Terms and Conditions of Use, or portion thereof,
to be unenforceable, that provision shall be enforced to the maximum extent
permissible so as to effect the intent of this agreement, and the remainder of
these Terms and Conditions of Use shall continue in full force and effect.
These Terms and Conditions of Use shall be governed by and construed in
accordance with the laws of the State of South Carolina, United States of
America, without reference to its conflicts of law rules.
Online Privacy Policy
Your Privacy
At AnnotatedEarth.com we believe that, as an our online visitor, you have a
right to know our practices regarding the information we collect when you visit
our Web sites and what type of information is collected. The guidelines
contained herein only apply to your visits to
www.AnnotatedEarth.com, the Web site operated by AnnotatedEarth.com
Corporation of America ("AnnotatedEarth"). In addition, this policy also
applies to your visit to the following Web pages on
www.AnnotatedEarth.com:
Other sites which are linked to/from these sites
(including other AnnotatedEarth.com affiliates, other AnnotatedEarth sites and
via banner ads) may have different policies; therefore, please review the
privacy policy notices on those sites for details.
Collection of Information: Cookies; Personal
For each visitor to an AnnotatedEarth Web site, AnnotatedEarth's Web server
automatically recognizes and stores information such as the visitor's IP
address/Domain name combination. We use this information to understand visitor
traffic patterns through our sites for purposes such as enhancing its
usability. Your computer provides this information automatically each time you
log on, unless you've activated blocking technology available in some browsers.
When you visit AnnotatedEarth's sites or advertisements appearing thereon, or
use one or more of the AnnotatedEarth Web site services, we may use an
industry-wide technology called "cookies" which stores certain information on
your computer and which will allow us to customize your experience to better
match your interests and preferences or to simply facilitate your signing in to
use the services. Most browsers will allow you to erase cookies from your
computer hard drive, block acceptance of cookies, or receive a warning before a
cookie is stored. However, if you block or erase cookies, we may not be able to
restore any preferences or customization settings you previously specified and
our ability to personalize your online experience would be limited. Please
refer to your browser instructions or "help" screen to learn more about these
functions.
Additionally, AnnotatedEarth may ask you to provide "personal information",
meaning individually identifiable information that you provide on our Web sites
such as your email address, name, mailing address, telephone number, social
security number, credit card number, or persistent identifier (such as a
customer number held in a cookie) which is associated with individually
identifiable information, to enable you to participate in contests, chat rooms,
on bulletin boards, to fill out a registration, or to order products and
services using these sites. AnnotatedEarth may combine the information you
provide on our Web sites with other information we may collect from you or from
third parties so that we can more effectively tailor our site, services and
offerings to you. If you provide AnnotatedEarth with personal information, you
shall have the right, on reasonable prior notice, to inspect, change, amend or
delete such information. Instructions on how to update personal information
will be given at the point of data collection.
Unless you instruct us otherwise, AnnotatedEarth may contact you to provide
information about products, services, promotions, contests, or other activities
or offerings that may be of interest to you. You can instruct us whether or not
you wish to be contacted by checking or removing the check from the box
indicating your preference as applicable at the place where your information is
collected, or by other means (such as an email request). In addition, with each
communication you receive from AnnotatedEarth, you will be given the
opportunity to indicate if you do not wish to receive future communications.
Unless it is for the purposes you have requested or originally agreed,
AnnotatedEarth will not share the personal information you provide on the
AnnotatedEarth Web sites with any other parties, except (a) with your consent;
(b) as may be required by law or court order; (c) to persons or companies with
whom AnnotatedEarth contracts to carry out the internal operations of the site
or our business; or (d) under exigent circumstances to protect the personal
safety or property of our users, the public or ourselves.
Additionally and with your consent, AnnotatedEarth may share your personal
information with other affiliated AnnotatedEarth.com companies (i.e., (i)
AnnotatedEarth.com Corporation, (ii) any company of which more than 50% of its
outstanding shares are owned by AnnotatedEarth.com, directly or indirectly, or
(iii) any company with the name "AnnotatedEarth" as a part of its trade name)
who may want to contact you about products, services or other offerings that
may be of interest to you. Further, only with your consent, AnnotatedEarth may
share your personal information with specific third parties outside of the
AnnotatedEarth.com group of companies who may want to contact you about
products, services or other offerings that may be of interest to you. Please
consult the respective privacy policies of each of these companies for further
clarification as to their own privacy policy. AnnotatedEarth will seek to
obtain your consent at the place where the information is collected either by
an "opt-out" or "opt-in" method, or by other means (such as an email request).
If you consent to receiving communications from any of these affiliated
AnnotatedEarth.com companies, or third parties, you will need to communicate
with them directly if you later decide that you no longer wish to receive their
communications. Until we advise you, except as indicated above for the initial
decision made with your consent to share your personal information with
AnnotatedEarth.com affiliates and/or specific third parties outside of the
AnnotatedEarth.com group of companies, changes or amendments to your personal
information must be given both to AnnotatedEarth and to each such
AnnotatedEarth.com affiliate or other company directly as these changes,
amendments and/or deletions will not be exchanged among AnnotatedEarth and
other AnnotatedEarth.com affiliates or third parties.
Security
While AnnotatedEarth cannot guarantee that unauthorized access will never
occur, rest assured that AnnotatedEarth takes great care in maintaining the
security of your personal information and in preventing unauthorized access to
it through the use of appropriate technology and internal procedures.
Notice To/Regarding Children Under the Age of 13
AnnotatedEarth believes that children using the Internet require special
protection, and we urge parents or guardians to explain Internet safety to
their children. Parents are urged to spend time online with their children to
become familiar with the types of content available on the AnnotatedEarth sites
and the Internet in general. Control tools are available from online services
and software manufacturers to help create a safer environment for children.
If a child under 13 years of age wishes to participate in any AnnotatedEarth
Web site activity, or wishes to take advantage of a product or service
offering, available to children, and to do so necessitates the furnishing of
any of the child's personal information, please note the following:
(i) Before any collection of a child's personal information takes place at a
web site directed to children or where AnnotatedEarth is knowingly collecting
children's personal information, the child will be asked to provide his/her
parent's or guardian's e-mail address. AnnotatedEarth will then send an e-mail
(the "Initial Notification") to the parent/guardian indicating, among other
things, the information that the child is requested to provide, the intended
use(s) of the information and information on how the parent/guardian can, at
their election, delete the child's information from AnnotatedEarth's database
or records. Upon receipt of the Initial Notification, a parent or guardian may
respond back to AnnotatedEarth to grant his/her consent or to deny consent, in
which case AnnotatedEarth will delete the parent or guardian's e-mail address.
Upon AnnotatedEarth's receipt of the parent/guardian consent, AnnotatedEarth
will send a confirming e-mail to the parent/guardian's e-mail address,
(ii)The e-mail address of the operator collecting or maintaining personal
information from children through this Web site are:
parents@AnnotatedEarth.com,
(iii) The types of personal information collected from children may include
the name, e-mail address, home address, telephone number and/or any other
information reasonably necessary for the child to participate in a particular
activity. This information may be collected directly and/or passively (e.g.,
through a web server that automatically recognized and stores information such
as a visitor's IP address/domain name combination),
(iv) The information collected may be used for purposes such as fulfillment of
a requested transaction, record keeping, marketing back to the child, or making
it publicly available through a chat room or by other means,
(v) Unless specific consent is obtained from the child's parent or guardian,
the child's personal information will not be disclosed to third parties who are
not contractors hired to carry out the internal operations of the Web sites,
other than as may be required or permitted by law. We have required, or will
require, such contractors to agree to use personal information of site visitors
only for the purposes of carrying out these operations and to keep such
information confidential. A parent or guardian has the option of consenting to
the collection and use of the child's personal information without consenting
to the disclosure of that information to third parties,
(vi) AnnotatedEarth is prohibited from conditioning a child's participation in
an activity on the child's disclosing more personal information than is
reasonably necessary to participate in such activity,
(vii) A parent can review and have deleted the child's personal information,
can refuse to permit further collection or use of the child's information, and
can revoke or limit consents previously given. For instructions on how to do
so, please send an e-mail to:
PIM@AnnotatedEarth.com
and
(viii) If AnnotatedEarth desires to use a child's information for purposes
other than that for which the parent/guardian consent was previously given,
AnnotatedEarth will not do so without first getting the parent/guardian
consent.
Use and Disclosure of Anonymous Aggregated Information
AnnotatedEarth may also collect, aggregate and maintain anonymous information
about the visitors to our Web sites, such as visitors' hobbies, interests,
purchasing habits, music preferences, and the like. This data can then be used
to tailor AnnotatedEarth's Web site content and advertising to deliver a better
experience for our visitors. In addition, AnnotatedEarth may also share such
aggregate information about our visitors with advertisers, business partners,
sponsors, and other third parties; for example, to inform them about the
percentage of male/female visitors or percentage of visitors within a
particular age range.
Consent to Processing:
By providing any personal information to the AnnotatedEarth Sites, all users,
including without limitation users in the member states of the European Union,
fully understand and unambiguously consent to the collection and processing of
such information in the United States of America.
Policy Governs Use; Changes to Privacy Policy
The terms of this policy will govern the use and any information collected
while it is in place. AnnotatedEarth reserves the right to change this policy
at any time, so please re-visit this page as often as you wish. Changes to this
privacy policy are effective at the time they are posted to this site.
Questions:
If you have any questions or comments about our personal information practices
or about this privacy statement, please feel free to send us an email at
policy@AnnotatedEarth.com