The web publishing, or blogging, service ("Service") is provided by ESRI (UK) Limited (registered in England under company number 01288342, and registered address: Millennium House, 65 Walton Street, Aylesbury, Bucks, HP21 7QG, UK) (“ESRI (UK)”) to you subject to the following terms:
1.1 Before using the Service you must first agree to these Terms of Service, and the following Notices (together, "the Terms"):
1.2 You accept the Terms by (a) clicking to accept or agree to the Terms; or (b) by actually using the Service, in which case ESRI (UK) will treat your use of the Service as acceptance of the Terms from the first time of use. You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with ESRI (UK).
1.3 If you do not agree with the Terms you must not click to accept or agree to the Terms, and you must not use the Service. In those circumstances ESRI (UK) does not agree to your use of the Service.
1.4 ESRI (UK) may, at its sole discretion, modify the Terms at any time and you agree to be bound by such modifications.
2.1. ESRI (UK) reserves the right to modify, suspend or discontinue (whether partially or wholly) the Service with or without prior notice at any time.
2.2. ESRI (UK) disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service.
2.3. ESRI (UK) reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all information (such as links, data files, written text, computer software, audio files or other sounds, photographs, videos or other images) provided as part of the Service ("Content").
3. Your use of the Service
3.1. In order to access the Service you may be required to provide information about yourself (such as identification or contact details) upon registration. You agree to keep your registration information accurate, correct and up to date.
3.2. You understand that all Content is the sole responsibility of the person from which such Content originated. You understand that by using the Service you may be exposed to Content that you may find offensive, indecent, harmful, inaccurate, inappropriate, deceptive or objectionable, and hyperlinks to other web sites or content or resources. ESRI (UK) has no control over any such Content and does not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any such Content or any opinions expressed by users of the Service. You agree that you will use caution, common sense and will exercise proper judgment when using the Service and accessing the Content. You further acknowledge and agree that ESRI (UK) is not liable for any loss or damage which may be incurred by you as a result of the availability of the Service or Content, or as a result of any reliance placed by you on the completeness, accuracy or existence of any Content. You accept that your use of the Service is entirely at your own risk.
3.3. You agree to use the Service only for purposes that are permitted by the Terms, and you further agree that all Content provided by you will comply with the Content Policy linked above.
3.4. You agree not to access (or attempt to access) the Service by any means other than through the interface that is provided by ESRI (UK). You specifically agree not to access (or attempt to access) the Service through any automated means (including use of scripts or web crawlers). You further agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service). You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.
3.5. You agree that you are solely responsible for (and ESRI (UK) has no responsibility to you or to any third party for) any breach of your obligations under the Terms, including breach of the Content Policy, and for the consequences (including any loss or damage which ESRI (UK) may suffer) of any such breach. In addition, you agree that you will be solely responsible to ESRI (UK) for all activities that occur under your account.
3.6. You acknowledge and agree that if ESRI (UK) disables access to your account, you may be prevented from accessing the Service, your account details or any Content which is contained in your account.
3.7. You understand that ESRI (UK), in performing the required technical steps to provide the Service to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
4. Your passwords and account security
4.1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service.
4.2. If you become aware of any unauthorised use of your password or of your account, you agree to notify ESRI (UK) immediately.
5. Privacy and your personal information
5.1. ESRI (UK) will treat your personal information in accordance with the Privacy Notice referred to at the head of these Terms, and you agree to the use of your data in accordance with that Privacy Notice.
6. Proprietary Rights
6.1. You should be aware that Content presented to you as part of the Service may be protected by intellectual property rights which are owned by the originator or licensor of that Content. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part).
6.2. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Service. By submitting, posting or displaying the Content you give ESRI (UK) a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Service. You confirm and warrant to ESRI (UK) that you have all the rights, power and authority necessary to grant the above licence.
6.3. You acknowledge and agree that ESRI (UK) owns all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
6.4. Nothing in the Terms gives you a right to use any of ESRI (UK) or its licensors’ trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. You agree that in using the Service, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
6.5. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Service.
7. Termination of the Service
7.1. You may stop using the Service at any time.
7.2. ESRI (UK) may, at any time, terminate your use of the Service if:
7.2.1. you have breached any provision of the Terms, including but not limited to the Content Policy, (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
7.2.2. ESRI (UK) is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
7.2.3. ESRI (UK) decides (at its sole discretion) that it will no longer provide the Service to users (including but not limited to ESRI (UK) deciding not to provide the Service to users in the country in which you are resident or from which you use the Service).
8. Exclusion Of Warranties And Liability
8.1. You agree to hold harmless and indemnify ESRI (UK) and its subsidiaries, affiliates, officers, agents and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and lawyers' fees, of every kind and nature.
8.2. Nothing in these Terms shall exclude or limit ESRI (UK)’s liability for losses which may not be lawfully excluded or limited by applicable law. ESRI (UK)’s liability shall be limited to the maximum extent permitted by law.
8.3. You expressly understand and agree that your use of the Service is at your sole risk and that the service is provided "as is" and “as available”. ESRI (UK) expressly excludes all warranties and conditions, (whether implied by statute, common law or otherwise and including any warranty as to fitness for purpose and satisfactory quality, and non-infringement) to the maximum extent permitted by law. In particular, ESRI (UK), its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
8.3.1. Your use of the Service will meet your requirements;
8.3.2. Your use of the Services will be uninterrupted, timely, secure or free from error; and
8.3.3. Any information obtained by you as a result of your use of the Service will be accurate or reliable.
8.4. Any Content downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such Content.
8.5. Subject to Clause 8.2 above, you expressly understand and agree that ESRI (UK), its subsidiaries and affiliates, and its licensors shall not be liable to you for:
8.5.1. any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
8.5.2. any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
18.104.22.168. any changes which ESRI (UK) may make to the service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
22.214.171.124. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
126.96.36.199. your failure to provide ESRI (UK) with accurate registration information;
188.8.131.52. your failure to keep your password or account details secure and confidential;
8.6. The limitations on ESRI (UK)’s liability to you in Clause 8.6 above shall apply whether or not ESRI (UK) has been advised of or should have been aware of the possibility of any such losses arising.
9.1. Nothing in the Terms shall be deemed to confer any third-party rights or benefits.
9.2. These Terms constitutes the whole understanding between you and ESRI (UK) in relation to your use of the Service and shall supersede any prior promises, representations, undertakings or implications made orally or in writing.
9.3. A failure by ESRI (UK) to enforce any of its rights under the Terms is not a waiver of those rights or any other rights it has under these Terms.
9.4. If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect the other provisions of the Terms, which shall remain in full force and effect.
9.5. The Terms is governed by the laws of England. You agree to submit to the exclusive jurisdiction of the English courts to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that ESRI (UK) shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.