TERMS OF SERVICE
Welcome to the Escaype family, and thank you for supporting our products. Please take a few moments to familiarize yourself with our Terms of Service. If you don’t agree to these Terms, don’t use Escaype.
The details are below, but in a nutshell:
1) You do your part as an Escaype customer and member, and we’ll do our part as a service provider and support team. Life’s more fun when we all play nice.
2) Don't feed the moochers. Our apps, weather reports, forecast discussions, heat maps, real-time reports (including your own) and other services are made just for you -- not your automated bot, your Facebook page, texting group, or your business trying to use our data. You can't send our forecasts, including real-time reports, to a bunch of moochers who aren't paying for Escaype.
3) If you share reports of conditions, photos, and the like with us, all of it remains yours and we don't own any of it, but we might feature it on our website, publications, etc. If that bothers you, consider sending us phone pictures instead of your artistic masterpiece.
4) We aren't responsible for stupid actions you take as a result of our forecasts. Don't blame us if you're caught driving 95mph on the freeway to get to your location, or if you drop your camera in the ocean trying to get the shot.
5) We are a weather forecasting service, and while we promise to do our absolute best, no weather forecast can be right 100.0% of the time, and you agree to not sue us for those couple times that we're wrong.
ESCAYPE TERMS OF SERVICE
Effective date: February 1, 2015
The Terms constitute an agreement between you and Escaype Corporation, San Francisco, CA 94116, including its affiliates and suppliers (collectively “Escaype”), defining your and Escaype’s rights and responsibilities with respect to the Service.
To use the Service, you must be at least thirteen (13) years of age. If you are under thirteen (13) years of age, or at least thirteen (13) years of age but a minor where you live, you must have your parent or legal guardian accept your registration on your behalf and approve your use of the Service. Anyone completing the registration must be legally competent.
3. Registration and Termination
To use the Service you may need to register and create an Escaype account with username and a password. You may need to provide us with certain personal and other information. Escaype may verify your email address before your account can be used.
You agree to provide truthful and complete information when you register for the Service and to keep that information updated. You must take due care to protect your username and password against misuse by others and promptly notify Escaype about any misuse. You, and your parent or legal guardian if you are a minor, are personally responsible for any use of the Service.
You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. Escaype may terminate your registration or restrict your access to certain parts of the Service if Escaype reasonably believes that you have breached the Terms or with prior notice if you have not signed into the Service with your username in the past six (6) months.
Upon payment, Escaype grants you a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable, license, revocable at any time at Escaype’s sole discretion, to access and use the Service strictly in accordance with the Terms. Use of the Service does not grant you any intellectual property rights in or to any information or content in the Service.
As part of the Service, Escaype may provide you with content developed by Escaype or its licensors (“Content”). Escaype grants you a non-exclusive and perpetual license to use Content for the purpose it is intended, unless otherwise defined in the applicable Terms or the purchase order. Some Content may only be available to residents of certain geographical areas. You are bound by any restrictions applicable to specific Content you obtain through the Service. Any license acquired to third-party Content is a binding agreement between you and the third-party Content provider. You have only the rights to the Content which are expressly granted here.
As part of the Service, Escaype may provide you with certain software developed by Escaype or, its licensors (“Software”). Your use of Software may be subject to separate terms and conditions that you must accept before using the Software. If there are no separate terms and conditions applicable to such Software, the following terms apply: Escaype grants to you a limited, non-exclusive, non-transferable right to install and use the Software on your computer and/or mobile device. You may not copy the Software, except to make a single archival backup copy. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, rent, lease, reverse engineer, or otherwise attempt to discover the source code of or make derivative works of the Software. For open source licensed software, applicable open source license terms apply.
The Software may be subject to export controls under the U.S. Export Administration Regulations and other import or export control regulations. You agree to strictly comply with all applicable import and export regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, transfer, or import such Software.
You may be able to submit information or content (“Material”) to the Service. Escaype does not claim ownership in your Material. Your submission of Material does not transfer ownership of rights of the Material to Escaype. Escaype is only transmitting the Material and is not responsible for editorial control over it. By submitting Material to the Service you grant Escaype a world-wide, non-exclusive, sub-licensable, assignable, fully paid-up, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute in any media and modify the Material to incorporate the Material into other works, and to grant similar sublicenses to the extent necessary for Escaype to provide the Service. You may be able to adjust this grant in the privacy and other settings of the Service.
You are solely responsible for taking backup copies of the data you store on the Service, including Content you upload. If the Service is discontinued or canceled, Escaype may permanently delete your data. Escaype has no obligation to return data to you after the Service is discontinued or canceled.
5. Using the Service
You agree to:
Comply with applicable laws, the Terms and good manners;
Use the Service only for your personal, non-commercial purposes (commercial licenses may be purchased by contacting Escaype – see more detail under (6) “Content”)
Not submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libelous or otherwise inappropriate Material;
Obtain any consents, permission or licenses that may be legally required for you to submit any Material;
Respect the privacy of others;
Not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses;
Not use any other technologies or initiate other activities that may harm the Service, or the interest or property of the Service users.
Not to use any automated systems or means to access, acquire, copy or monitor any part of the service.
Be responsible for the consequences related to the Material that you post.
Escaype may but has no obligation to:
Monitor or moderate any Content or Material;
Remove any Material from the Service; and
Restrict access to any part of the Service at any time in its sole discretion.
Before downloading or accessing any Content, please check whether the Content which you wish to access is restricted by age or marked as potentially ‘offensive’ or ‘explicit’. Escaype shall not be responsible for any claims or offense caused or suffered by you accessing such Content.
To use the Content only for your personal, non-commercial purposes, acting as an individual and not a business entity. “Commercial Purposes” include but are not limited to workshops, film assignments, and licensing or resale of the Content or its derivatives. If you are unclear as to whether or not your use constitutes Commercial Purposes, please contact us describing the nature of your desired use, as written permission or a separate license may be required.
To use the Content in accordance with the restrictions set out in the applicable laws, additional terms, guidelines and policies or on the product pages that apply to that particular piece of the Content;
Not to make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the Content available unless otherwise authorized in the applicable Terms and to advise Escaype promptly of any such unauthorized use;
Not to remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent digital rights management or copy protection features associated with the Content or any other technologies used to control the access to or use of the Content or its identifying information;
Not to use any automated systems or means, except for those provided by us, for the selection or downloading of the Content;
Not to give out your password or otherwise allow other people to access the Content. The restrictions on copying that apply to applicable media also apply to the Content accessed as part of this Service.
Not to share any Content with third parties. Content includes but is not limited to Escaype forecasts, recommendations based off of Escaype forecasts, and any kind of real-time reports and photos that were brought about by the use of an Escaype forecast prior to the happening of the weather event being forecasted.
The Content is owned and/or controlled by Escaype and/or its respective licensors and is protected by intellectual property laws. The third party Content provider is solely responsible for any Content it provides, any warranties to the extent that such warranties have not been disclaimed and for any claims you may have relating to that Content or your use of that Content. However, Escaype may enforce the third party Content license terms against you as a third party beneficiary of those terms. The third party Content providers are third-party beneficiaries under these Terms and may enforce the provisions that directly concern the Content in which they have rights. Escaype may be acting as an agent for third party Content provider in providing the Content to you. Escaype is not a party to the transaction between you and the third party Content provider for such Content.
You may not and you agree not to:
(a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party of Escaype;
(b) undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);
(c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software;
(d) use Escaype's Software or Content (or any part of it) to provide commercial products or services to third parties.
(e) other than for the purposes of download and installation, use the Software except through your User Account.
7. Allegations of Copyright Infringement
You may notify Escaype of copyright infringement on the Service by providing notice (a) by email with “Copyright Notification” in the subject line to jeff@landESCAPEphotography.com (b) by a document titled “Copyright Notification” mailed to Escaype, 2576 24th Ave, San Francisco, CA 94116 or (c) via the online form, if available. Your notice must:
(1) identify the original copyrighted work you claim is infringed;
(2) identify the content on the Service that you claim is infringing the copyrighted work. Please provide enough detail for Escaype to locate the allegedly infringing content on the Service;
(3) provide your contact information, including your full name, mailing address, telephone number, and email address, if available;
(4) provide a statement that you have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(5) provide this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed."; and
(6) provide your signature, as applicable.
Escaype may post notices within the Service. Escaype may also send you notices about products and Services to the email address or telephone number you have provided to us. You are deemed to have received such notices at the latest within seven (7) days from Escaype sending or posting those. Your continued use of the Services constitutes your receipt of all notices regardless of delivery method.
Your use of the Service may be or may become subject to charges.
Any fees charged by Escaype will be announced separately in connection with the Service.
Use of the Service may involve transmission of data through your service provider’s network. Prices listed within the Service do not include possible data transmission, text message, voice or other service provision charges by your network service provider.
Escaype assumes no responsibility for the payment of any charges of your service providers.
10. Order and Payment Terms
"Order" shall mean the selection of payable Content and/or subscription to Content offered by Escaype and available in the Service and submission of payment method, as well as submitting the order by selecting the "buy", "ok", "I accept" or other similar confirmation of acceptance in the order flow or providing other indication of acceptance terms that are presented to you in the order flow.
To place an Order within the Service, you must have reached the age of legal competence according to the applicable legislation. If you have not reached the age of legal competence, you may place Orders only with the prior consent of your parent or legal guardian.
You agree that all Orders shall be legally valid and binding. All Orders are subject to acceptance by Escaype.
You may pay by credit or debit card, or other payment methods if available.
Your credit or debit card must have a billing address in the country where the Content is offered by the Service. Escaype will charge your credit card or debit your bank account within a reasonable time after you have made your Order. All credit card payments are subject to validation checks and authorization by the card issuer.
You agree to pay the charges related to your Order, to ensure that the instrument of payment is valid at the time of the Order, that you are the rightful holder of the instrument and that the instrument is used within its credit limits.
The Content that is delivered is licensed to you. You agree to use such Content solely as permitted in these Terms and in any additional terms that you may be presented in the order flow.
The Service may offer subscriptions. You authorize the Service to place a periodical charge during the period of the subscription. The Service may also offer a trial period. If your Order involves a trial period (also known as try-and-buy), you may be charged when the trial period expires, unless you cancel in accordance with the subscription/trial terms.
The prices in the Service may change from time to time. Prices include applicable taxes in effect at the time of your transaction, unless otherwise stated. There may be instances where you incur additional charges from your bank or credit card provider based on currency conversion rates used and/or additional fees assessed. Escaype assumes no responsibility for the payment of bank or any other third party service fees or charges.
11. Cancellations and Refunds
You agree to the electronic delivery of Content being initiated concurrently with the placement of your Order. You will not be able to cancel your Order once it has been processed. Escaype guarantees your satisfaction with its products and, upon cancellation, provided the Terms of Service have not been violated, will issue a full, prorated refund for the unused portion of the current payment term.
12. Feedback to Escaype
By submitting any ideas, feedback and/or proposals ("Feedback") to Escaype through the Service or other means, you acknowledge and agree that: (1) Escaype may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3) Escaype is not under any obligation of confidentiality with respect to the Feedback; (4) Escaype may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from Escaype.
13. Social Activities and Location Sharing
You may use features in the Service to share your location, status, content, Materials or personal information or to interact with other users, sites and services. By using these features you agree that Escaype may use and provide that information to other services and persons with whom you choose to interact or share this information. Users of these services and persons, such as your contacts, may see your location, status and/or personal information. In using these features you agree not to share information, Content or Material or to link to any service or site that: (a) contains content or other material that is illegal or inappropriate; or (b) exploits intellectual property rights without authorization or encourages users to piracy. Any interaction does not involve Escaype and is solely between you and the other user(s).
14. Availability and Technical Requirements
The availability of Content and the Service may vary and is subject to Escaype’s sole discretion. Escaype expressly disclaims any representation or warranty that any particular Content or Service will be available. The Service may not be available in all countries and may be provided only in selected languages. The Service, operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.
To access the Service, you may need to download a specific piece of software developed by Escaype or by another party.
Escaype may, in its sole discretion, change, correct or discontinue the Service in whole or in part. The Service may not be available during maintenance breaks and other times. To ensure you have the latest Escaype device software and applications, your device may automatically check for the availability of software updates from Escaype. If any are detected you will be prompted to approve the installation. You may disable automatic checking for updates through settings in your device. You may also install software through available software update channels. If Escaype considers a Software update to be important or critical you may not continue using the previous version of the Software. Escaype may prevent your use of the previous version of the Software or Service until you install the update.
Escaype may disable any Content or Software contained in your Service account for any reason and remove any Content or Software and/or disable copies of any application on your device in order to protect the Service, application providers, wireless carriers over whose network you access the service or any other affected or potentially affected parties.
A particular service may be a pre-release version, for example a beta release, and may not work in the way a final version works. Escaype may significantly change any version of Service or Software or decide not to release a final version.
15. Links to Third Party Sites and Content
Escaype may include access to sites and services on the Internet or preloaded clients that enable you to interact with sites and services that are owned or operated by third parties and that are not part of the Service. You must review and agree to the terms and conditions of these sites or services before using these sites or services.
Escaype has no control over the third party content, sites or services and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third-party site does not imply that Escaype endorses the site or the products or services referenced in the site.
In addition, you and other users may create content and links to content within the Service that has not otherwise been submitted to the Service. Escaype is not responsible for this type of content or links.
Service may include advertisements. Advertisements may be targeted to the content or information stored on the Service, queries made through the Service, or other information.
17. Personal Data
18. Limitation of Liability
The Service is provided on “AS IS” and “AS AVAILABLE” basis. Escaype does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources.
Except for liability for death or personal injury caused by its gross negligence or intentional misconduct, Escaype is not liable for any direct damages caused by your use or inability to use the Service. In no case will Escaype be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the Service.
You agree to defend and indemnify Escaype from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the Service by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.
20.1 Choice of Law
The Terms are governed by the laws of California without regard to its conflicts of law provisions.
20.3 Changes in Terms
Escaype may modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, Escaype will provide a separate notice advising of the change.
You are responsible for regularly reviewing the Terms. Your continued use of the Service constitutes your consent to any changes and modification.
21. Intellectual Property
The Service, Content and Software are protected under international copyright laws. Escaype claims copyrights in its Service, Content, and Software to the maximum extent of the law. Subject to the Terms, Escaype retains all right, title and interest in the Service, its Content, the Software and in all other Escaype products, software and other properties provided to you or used by you through the Service.
Escaype may assign its rights and obligations under these Terms to its corporate parent, its subsidiaries, or to any company under common control with Escaype. Additionally, Escaype may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.