WEBSITE TERMS OF USE

By accessing or using the website www.gograph.com ("Website"), you represent that you are over eighteen (18) years of age and have the right and authority to agree to these terms. If you use or access this Website on behalf of any entity, you further represent and warrant that you are authorized to accept these terms on such entity's behalf, and that such entity agrees to indemnify Company for any violation of these terms. We may modify these terms from time to time and you agree to be bound by such modifications. The current Website Terms of Use govern your use and access of the Website and is in addition to any other agreement you may enter into with Company. Your continued access and use of the Website constitutes your agreement to accept the current terms.

ownership

WEBSITE OWNERSHIP

The Company owns and operates this Website. In addition to the general design of the Website, the graphics, images, text, illustrations, video, audio, clip-art, maps, keywords, specifications and any other metadata, foreign translations, and any other element of the Website ("Content") are owned by Company or its content providers, and is protected by copyright, trademark, trade dress, moral rights and other US and international laws or treaties relating to intellectual property.

The Content remains the property of Company, the Content supplier, owner of such Content, or the copyright holder of such Content, unless specifically stated otherwise. You do not acquire any right, title, or interest in or to any Content, unless provided by the Company in writing or specifically stated otherwise on the Website.

TRADEMARKS

The look and feel of the Website, which includes all elements of the design, is the service mark, trademark, and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without Company’s prior written permission. Further, you may not use the trademarks or trade names, including "GoGraph", of the Company or any of its content suppliers, without prior written permission from the Company. All other trademarks, registered trademarks, product names and company names or logos listed on the Website are and remain the property of their respective owners. Any reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not imply or constitute a recommendation, sponsorship, or endorsement by Company.

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use

USE OF THIS WEBSITE AND ITS CONTENTS

This Website and its Contents are intended for use by Company’s customers. You are not authorized to use the Website for any purpose other than your business with Company. You may only browse the Website and download watermarked images solely for Comp Use, unless you are a registered user. By using the Website, you represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

You must obtain the appropriate license(s) from Company on behalf of the Content supplier and/or copyright owners prior to using any Content. All rights not specifically granted to Licensee are reserved for the copyright supplier and the Content supplier.

Limited Comp Use License

As long as you comply with the terms of this Agreement, Company shall grant you a limited, nontransferable, nonexclusive license to download selected Content onto your computer hard drive and to use the Content and any derivative works or copies for evaluation purposes internally ("Comp Use") only to determine if you care to request a non-comp use license. The Comp use license will expire automatically after sixty (60) days and Company may terminate the Comp Use License at any time. Company does not warrant that Content used for Comp Use will be available for you to license for your intended purpose. The Content may not be used in any way other than the Comp Use until an invoice granting usage rights is paid in full. If the Comp Use License is terminated, you and your employer must immediately stop using the Content, delete the Content and all copies from all magnetic media and destroy all other copies.

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prohibited

PROHIBITED USE OF WEBSITE AND CONTENT

You are prohibited from any of the following uses, and therefore may not:

  • Alter, remove, or change any copyright information or other notices or metadata associated with the Content;
  • Download, copy, or re-transmit any or all of the Website or the Content in violation of, or without, a written license or agreement with Company;
  • Use any robots, data mining, or similar image and/or data gathering or extraction technology or algorithms to crawl, scrape, or monitor the Website or seek information on Company’s customers or Website visitor’s;
  • Manipulate or otherwise display the Website or the Content by using framing or similar navigational technology;
  • Circumvent any Website restrictions or measures to limit access to the Website;
  • Register or attempt to register for any products or services offered by the Company if you are not authorized by the party to do so;
  • Disclose, sell or trade any password to restricted areas of the Website or allow any third party to have access to your password; and
  • Interfere in any manner, whether technological or otherwise, with the services offered by Company or any function of the Website.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

In the same manner as the Digital Millennium Copyright Act ("DMCA") and other applicable laws, the Company may, at its sole discretion and in an appropriate circumstance, terminate the account of any party that infringes upon the intellectual property rights of the Company or any of its Content suppliers.

If you believe that any material or Content on the Website infringes upon a copyright that you own or control, you may submit notice of such infringement in accordance with the DMCA by furnishing our designated DMCA copyright agent with a written notification containing the information listed below (see 17 U.S.C. 512(c)(3) for further details):

  1. A signature, physical or electronic, of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, a representative list of such works at that site if there are multiple copyrighted works at a single online site covered by a single notification.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit the service provider to locate the material (including but not limited to the image number(s) of the material).
  4. Reasonably sufficient information to permit the Company to contact the complaining party, such as an address, telephone number, and email address at which such party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  7. Please note: per Section 512(f) of the Copyright Act, any person who knowingly makes false claims shall be liable for any damages, including costs and attorneys’ fees.

Company’s DMCA copyright agent designated to receive notification of claimed infringement:

Attn: DMCA Copyright Agent
Publitek, Inc. dba GoGraph
21155 Watertown Rd.
Waukesha, WI 53186
Tel: 262-717-0600
Fax: 262-717-0745
Email: dmca@gograph.com
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links

LINKS TO THIRD PARTY SITES

Any sites that are linked to from the Website are not under Company’s control, and therefore, Company is not responsible for the content on any such linked site or any link contained in a linked site, including any changes or updates to such sites, webcasting, or any other form of transmission received from any linked site. You acknowledge that Company provides the links on the Website as a convenience only, and that it not endorse the linked sites, their use, or any content on the linked sites.

INDEMNITY

You agree to indemnify and hold harmless Company, its content providers, directors, employees, the copyright holder, agents and affiliates from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising out of or related to the use of Content, any breach of this Website agreement, or any violation by you of any rights of another.

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disclaimer

GENERAL DISCLAIMERS

THIS WEBSITE AND THE CONTENT ARE PROVIDED "AS IS" AND COMPANY AND ITS EMPLOYEES, DIRECTORS, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR THE CONTENT, OR THE UNAVAILABILITY OF THE WEBSITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE OR THE COMPANY CONTENT. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTURE OF YOUR USE OF THE WEBSITE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND THE ACCURACY, ADEQUACY, COMPLETENESS, VALIDITY AND QUALITY OF ANY IMAGE AND INFORMATION IS WITH YOU, THE USER. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY, ITS EMPLOYEES, DIRECTORS, MEMBERS, CONTENT SUPPLIERS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS OR USE OF THE WEBSITE.

COMPANY GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY CONTENT, AND THE LICENSEE MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. COMPANY OR ITS CONTENT SUPPLIERS USED REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE CAPTION, RELEASE, AND KEYWORDING INFORMATION OF THE CONTENT, BUT SHALL NOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION, RELEASE, OR KEYWORDING INFORMATION.

liability
fee

UNAUTHORIZED USE FEE

Any use of Company or its Content Supplier’s Content in a manner not specifically authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, which allows the Company to exercise all rights and remedies available to it under copyright laws around the world. You shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. Further, and without prejudice to Company other remedies under this Agreement, Company reserves the right to charge and you agrees to pay a fee equal to five (5) times Company’s normal license fee for use of the Content.

JURISDICTION AND ATTORNEY’S FEES

Any dispute regarding this Agreement shall be governed by the laws of the State of Wisconsin and applicable U.S. Federal law, including Title 17 of the U.S. Code, as amended. The parties agree to accept the exclusive jurisdiction of the state and federal courts located in Wisconsin, USA, regardless of conflicts of laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. You agree that this Agreement, as well as any other documents shall be written in the English language. In any dispute between Company and you, Company shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, and other legal expenses from you.

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misc

MISCELLANEOUS

This Agreement (along with Company’s Privacy Policy and any Content License agreement) constitutes the entire agreement between the parties with respect to the subject matter. Other than the express or written waiver or amendment, no action of Company may be construed as a waiver or amendment of this Agreement. This Agreement may only be modified by a written agreement signed by duly authorized representatives of Company; no purchase order or any similar document issued by you shall modify this Agreement, even if signed by Company. The parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, with the exception that you may not assign or transfer this Agreement without Company’s prior written agreement.

© 2022 Publitek, Inc. All rights reserved.

Revision date: January 28, 2015

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