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3d A La Carte owns and operates Presenting Earth (http://presentingearth.com).
By accessing and using Presenting Earth, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL
OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE Presenting Earth IN ANY MANNER. 3d A La
Carte reserves the right to limit or terminate your access to Presenting Earth if you do not comply with these
Terms of Use.
You must be at least 13 to use Presenting Earth. If 3d A La Carte discovers through reliable means that you are
younger than 13, 3d A La Carte will cancel your account.
3d A La Carte reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of
the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes.
Your continued use of Presenting Earth after the posting of any changes to the Terms of Use means that you have
accepted those changes.
You may create, edit and share presentations and media with other users through Presenting Earth. By using Presenting
Earth, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available
any content that:
1. is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise
offensive or discriminatory
2. is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit
conduct or in a sexually explicit manner
3. is illegal
4. is tortuous, defamatory, libelous or invasive of another's privacy or publicity rights
5. infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights
of any party
6. you do not have a right to make available under law or contractual or fiduciary relationships
7. includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise
make available
8. bears any false, disguised or misleading origin
9. contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise
limit the functionality of any computer software, computer hardware or other equipment.
10. violates any of Google's terms of service.
All presentations, information, digital files or other materials, whether publicly posted, displayed or performed
on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly,
you are responsible for all items that you upload, post, cause a display or performance of, email, transmit or
otherwise make available via Presenting Earth. 3d A La Carte reserves the right to, but has no obligation to, monitor
or screen the content posted and/or displayed or performed in Presenting Earth and to remove any content in its
sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST, CAUSE TO
BE DISPLAYED OR PERFORMED IN ANY AREAS OF Presenting Earth AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS
THAT USE Presenting Earth AND THE SERVICES PROVIDED THEREBY.
You may not use Presenting Earth to do any of the following:
1. harass or advocate harassment of another person or entity.
2. perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal,
or international laws or regulations promulgated by governmental agencies that have the force of law.
3. provide resources to or otherwise support any organization(s) designated by the United States government as
a foreign terrorist organization under section 219 of the Immigration and Nationality Act.
4. impersonate any person or entity or misrepresent in any way your affiliation with a person or entity.
5. transmit unsolicited mass mailings or spam.
6. collect or store any information about other users or members, other than in the normal course of using Presenting
Earth for their intended purpose of facilitating voluntary communication among users.
7. transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item.
8. violate any of Google's terms of service.
You may not do any of the following to Presenting Earth:
1. use Presenting Earth in any manner that could damage, disable, overburden, disrupt or impair Presenting Earth
or any 3d A La Carte server, or the network(s) connected to any 3d A La Carte server, or interfere with any other
party's use and enjoyment of Presenting Earth.
2. disobey any applicable policies or regulations of networks connected to Presenting Earth.
3. modify, adapt, translate or reverse engineer Presenting Earth.
4. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of
Presenting Earth not intended for public consumption.
5. create user accounts using any automated means or under false pretenses.
6. violate any of Google's terms of service.
Other Requirements
To the extent that you use or connect to any third party applications and/or other systems through Presenting Earth,
you agree that you will comply with all terms and conditions of use for such third party systems, including without
limitation, the proper registration for, acquisition and use of a user name and password for such system.
You understand that Presenting Earth and services offered thereby are offered to the public free of charge. If
you use Presenting Earth to advertise products or services in any way other than pursuant to a Advertising Agreement
executed by you and 3d A La Carte (Unauthorized Advertising), 3d A La Carte reserves the right to restrict your
access to Presenting Earth and to contact you about such Unauthorized Advertising. If you are so contacted and
wish to continue using Presenting Earth for commercial use, you may request, or 3d A La Carte may request that
you work with 3d A La Carte, subject to 3d A La Carte's approval, to execute an Advertising Agreement defining
the terms and conditions under which you may advertise on Presenting Earth.
You understand that 3d A La Carte does not itself verify the qualifications of users, nor does it evaluate or
control in any ongoing manner user's operations of Presenting Earth or exchanges between users. Any opinions or
statements expressed by a user are of those of the user alone, and are not to be attributed to 3d A La Carte. 3d
A La Carte cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness,
innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available
by any user.
You understand that you may be exposed to content that you find offensive to you, and that you use Presenting Earth
at your own risk.
Users in the European Union consent to the collection and processing of personal information, as described in this Agreement, in the United States. All users understand the potential cross-border nature of communications made using Presenting Earth, and acknowledge that using Presenting Earth may result in interstate and international transmission of data.
By posting information or content to, or otherwise causing content to be displayed on Presenting Earth you automatically
grant, and you represent and warrant that you have the right to grant, to 3d A La Carte an irrevocable, perpetual,
non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such
information and content and to prepare derivative works of, or incorporate into other works, such information and
content, and to grant and authorize sub-licenses of the foregoing.
No information or content of any kind that you submit to 3d A La Carte, upload, post, cause to be displayed or
performed, transmit or otherwise make available using Presenting Earth shall be deemed confidential or secret information.
COPYRIGHT NOTICE: All content Copyright © 2008 - 3d A La Carte, Inc., unless otherwise noted. All Rights
Reserved.
Presenting Earth, the Presenting Earth logo, 3d A La Carte, the 3d A La Carte logo, and any other names of 3d A
La Carte products and services and their logos are trademarks of 3d A La Carte. You agree not to display or use,
in any manner, the 3d A La Carte trademarks, without 3d A La Carte' s prior permission. Same goes for anything
Google.
* Google Docs, Google Earth, and Google Search are registered trademarks of Google Inc.
In addition to any other use restrictions set forth in this Agreement, you may not engage in or facilitate the posting, modification, distribution, reproduction of any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of 3d A La Carte to terminate all privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Company by the copyright owner or the copyright owner's legal agent.
3d A La Carte respects your desire for privacy. 3d A La Carte's Privacy Policy can be found at http://presentingearth.com/privacy.html. By using Presenting Earth, you are consenting to the terms of our Privacy Policy.
Presenting Earth may contain links to third-party sites that are not under the control of 3d A La Carte, and
3d A La Carte is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any
linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any
link does not imply that 3d A La Carte endorses or accepts any responsibility for the content on such third-party
site. Your correspondence or business dealings with, or participation in promotions of, any third party website
found on or through Presenting Earth, including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings, are solely between you and such
third party. 3d A La Carte is not responsible or liable for any loss or damage of any kind incurred as the result
of any such dealings or as the result of the presence of links to such third party websites on Presenting Earth.
In addition, links to advertising that has not been approved by 3d A La Carte may be embedded in third party content
displayed on Presenting Earth. 3d A La Carte is not responsible for any content, cookies, or other technology used
in connection with such advertising.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION AND SERVICES OFFERED ON Presenting Earth IS PROVIDED
AS-IS WITHOUT WARRANTY OF ANY KIND AND 3d A La Carte HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION,
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, 3d A La Carte DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET
ENJOYMENT. In no event shall 3d A La Carte be liable for any special, indirect or consequential damages, or any
damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or
other tortious action, arising out of or in connection with the use of Presenting Earth or information available
from Presenting Earth.
Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information
within Presenting Earth. Presenting Earth may contain technical inaccuracies or typographical errors. 3d A La Carte
assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on Presenting
Earth.
3d A La Carte may terminate or make changes to all or any portion of Presenting Earth, product offerings, and any
other information and materials on Presenting Earth and may delete any content that has been submitted to Presenting
Earth at any time and without notice or liability.
You agree to indemnify, defend, and hold 3d A La Carte and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of Presenting Earth, your connection to Presenting Earth, your violation of the Terms of Use or Privacy Policy, or your violation of any rights of other users of Presenting Earth. Any such indemnification shall include the payment of reasonable attorney's fees incurred in the defense of such claim.
The Terms of Use, the Privacy Policy and any applicable guidelines posted on Presenting Earth constitute the entire agreement between you and 3d A La Carte, govern your use of Presenting Earth, and supersede any prior agreements between you and 3d A La Carte relating to your use of the Presenting Earth (including, but not limited to, any prior versions of the Terms of Use or Privacy Policy). If you sign up or register for additional 3d A La Carte services that use third-party content or third-party software, you may also be subject to additional terms and conditions that apply to such third-party content or third-party software. By accessing Presenting Earth you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the use of Presenting Earth, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the City and County of Sunnyvale in the State of California, USA. The failure of 3d A La Carte to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Presenting Earth, the Terms of Use or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred. All headings in the Terms of Use are for convenience only and have no legal or contractual effect.
If you have any comments or questions you may address them to 3d A La Carte at feedback@presentingearth.com