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Terms of Service

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Last updated: April 28th, 2021
1. ACCEPTANCE OF TERMS
  •   1.1. The user (“You”) agree to and are bound by the Terms of Service set out below and in any modified or additional terms that Soar.Earth Ltd and any related entity (together “Soar”, “We”, “Us”)) may publish from time to time (collectively, the "Terms").
  •   1.2. Soar may change these Terms from time to time. Your continued access or use of the Site constitutes your acceptance of such changes.
  •   1.3. Your access and use of the Site will be subject to the current version of the Terms, rules and guidelines posted on the Site at the time of such use.
  •   1.4. If you do not agree to these Terms, do not access or use this Site.
2. GENERAL TERMS
  • 2.1. Soar operates through our website located at https://soar.earth (the "Site") which includes text, images, audio, code and other materials (collectively, the "Content") and all the features, and services provided. The Site, and any other features, tools, materials, or other services offered from time to time by Soar are referred to here as the "Service."
  • 2.2. You accept Soar’s use of any data collected under the Privacy Policy.
  • 2.3. You must be at least 13 years old to use the Service or have the permission of a parent or guardian.
  • 2.4. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive content via the Service.
  • 2.5. You are responsible for any activity that occurs through your account.
  • 2.6. You agree you will not sell, transfer, license or assign any account or rights without the express written permission of Soar.
  • 2.7. You understand and agree that Soar is not responsible for the Content posted on the Service and you use the Service at your own risk.
  • 2.8. You may not use the Service for any illegal or unauthorized purpose.
  • 2.9. You agree to comply with all laws, rules and regulations (for example federal, state and local) applicable to your use of the Service and your Content (see below), including but not limited to, copyright laws.
  • 2.10. You must not attempt to change, modify, adapt or alter the Service or change, modify or alter another website to falsely imply that it is associated with the Service or Soar.
  • 2.11. You must not interfere or disrupt the Service or servers, or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature.
  • 2.12. You may not inject content or code or otherwise alter or interfere with the way any Soar page is rendered or displayed in a user's browser or device.
  • 2.13. You must comply with any Community Guidelines provided by Soar.
  • 2.14. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms or any other Soar terms.
  • 2.15. Violation of these Terms or any Community Guidelines may, in Soar's sole discretion, result in block your access to the service.
  • 2.16. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.
  • 2.17. To use the services you will be required to:
  • 2.17.1. Create an account
  • 2.17.2. Submit a valid email address
  • 2.17.3. Create a username
  • 2.18. You can deactivate your Soar account at any time via the Account Services Tab in the Dashboard. Once deactivated:
  • 2.18.1. Your account may not be able to be reactivated in the future.
  • 2.18.2. Soar may continue to retain, but not display, any User Content uploaded by You and any records related to your account to comply with legal requirements or in the case of a dispute.
  • 2.19. Upon termination of your access to Soar, all licenses and other rights granted to you in these Terms will cease immediately.
  • 2.20. Soar reserves the right to refuse access to the Service to anyone for any reason at any time.
  • 2.21. Soar may, but has no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms.
  • 2.22. You are solely responsible for your interactions with other Users of the Service, whether online or offline. You agree that Soar is not responsible or liable for the conduct of any User.
  • 2.23. Soar reserves the right, but has no obligation, to monitor or become involved in disputes between You and other Users.
  • 2.24. You agree that you are responsible for all data charges you incur through the use of the Service.
  • 2.25. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, except as may be the result of standard search engine protocols or technologies used by a search engine with Soar's express consent.
3. USER CONTENT
  • 3.1. “User Content” is Content that is submitted to the platform by Users, published on the Service and made available for purchase by other users.
  • 3.2.  User Content does not include “Third Party Content” covered in clause 5.
  • 3.3. You warrant that:
  • 3.3.1. You own the User Content posted by you through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms.
  • 3.3.2. The posting and use of Your User Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights ,copyrights, trademark or any form of other intellectual property rights.
  • 3.3.3. You agree to pay for all royalties, fees, and any other monies owed by reason of Content You post on or through the Service; and
  • 3.3.4. You have the legal right and capacity to agree to these Terms in your jurisdiction.
  • 3.3. User Content includes but is not limited to:
  • 3.3.1. Photographic images in any format;
  • 3.3.2. Video images in any format, including any associated audio content;
  • 3.3.3. Maps, both 2 Dimensional (2D) or 3 Dimensional (3D) in any format;
  • 3.3.4. Any other image-based content in any format.
  • 3.4. You bear legal responsibility for any Content submitted by you that is accessible through Soar.
  • 3.5. You warrant that any Content provided by You and uploaded to Soar was collected legally under any regulatory requirements in force at the time or with any and all required permissions.
  • 3.6. You agree to grant the license terms for any User Content made available by You through Soar and will be solely responsible for the monitoring of the use or misuse of any Content provided by you.
  • 3.7. Soar does not claim ownership of any Content that you post on or through the Service.
  • 3.8. You grant to Soar an unlimited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from User Content for the purpose of allowing us to edit and display User Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations.
  • 3.9. Soar reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Soar, including, without limitation, to comply with any legal obligations, but may not be retrievable without a valid court order.
  • 3.10. Soar is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage.
  • 3.11. Soar will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
  • 3.12. You acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  • 3.13. You agree that Soar is not responsible for, and does not endorse, Content posted through the Service.
  • 3.14. Soar does not have any obligation to prescreen, monitor, edit, or remove any Content.
4. USER CONTENT LICENSE CONDITIONS
  • 4.1. You grant Users who purchase Content from You a non-exclusive, non-transferable right to use, modify (except as expressly prohibited herein) and reproduce User Content worldwide, in perpetuity, as expressly permitted and subject to the limitations set forth herein to use the content as:
  • 4.1.1. As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile apps, software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), email marketing and online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc.,
  • 4.1.2. Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, billboards, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate;
  • 4.1.3. As part of an "Out-of-Home" advertising campaign, including on billboards, street furniture, etc., provided the intended audience for such campaign is less than 500,000 gross impressions;
  • 4.1.4. Incorporated into film, video, television series, advertisement, or other audio-visual productions for distribution in any medium now known or hereafter devised, without regard to audience size, provided the budget for any such production does not exceed USD $10,000;
  • 4.1.5. For personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind);
  • 4.1.6. Process, alter, change or interpret one or more pieces of Content for internal commercial use.
  • 4.2. As a purchaser of User content, You MAY NOT:
  • 4.2.1. Use any Content other than as specified in Section 4.1 above;
  • 4.2.2. Resell, trade or share any Content with any third party by providing access to such Content on shared disk drives, computer networks, servers, cloud network or other intranets of any nature or otherwise. This excludes common access or use within a single organisation by employees or contractors of that organisation;
  • 4.2.3. Use or display any Content on websites or in connection with any service designed to sell or induce sales of user-commissioned "print-on demand" products using or incorporating Image(s), including, by way of example only, postcards, mugs, tee shirts, posters, giclée prints, wallpaper, artwork and other items;
  • 4.2.4. Use Content in such a manner that it infringes upon any third party's trademark or other intellectual property;
  • 4.2.5. Use any Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply endorsement of any goods and/or services;
  • 4.2.6. Use or display any Content in such a manner that gives the impression that the Content was created by You or a person other than the copyright holder of that Content.
5. THIRD PARTY CONTENT AND LICENSES
  • 5.1. Soar may make available Content that is provided by third parties (together "Third Party Content", which may be made available through the Service.
  • 5.2. Soar does not guarantee the availability of any Third Party Content through the Service as this the availability of this content is beyond the control of Soar and may be restricted or blocked due to your location.
  • 5.3. Third Party Content may include but is not limited to:
  • 5.3.1. Base map images provided as part of the platform.
  • 5.3.2.  Image or map content viewed, purchased or downloaded through the platform from a third party  service and includes but is not limited to:
  • 5.3.2.1. Satellite image content
  • 5.3.2.2. Aerial image content
  • 5.3.2.3 Map content
  • 5.3.2.4 Other image content from any other source
  • 5.3.3. Information on satellite orbits
  • 5.3.4. Weather information, and
  • 5.3.5. Third party services offered through the platform
  • 5.4. Third Party Content provided through Soar is each governed by license terms as set out by the third party.
  • 5.5. The use of Third-Party Content is governed by license conditions separate from those for User Content as outlined above.
6. SOAR CONTENT
  • 6.1. The Service contains content owned or licensed by Soar ("Soar Content"). Soar Content is protected by copyright, trademark, patent, trade secret and other laws, and Soar owns and retains all rights in the Soar Content and the Service. You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Soar Content.
  • 6.2. You will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit the Soar Content.
  • 6.3. The Soar name and logo are trademarks of Soar, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Soar.
  • 6.4. All page headers, custom graphics, button icons and scripts are service marks and/or trademarks of Soar (whether formally registered or otherwise) and may not be copied, imitated, or used, in whole or in part, without prior written permission from Soar.
7. PURCHASING OF CONTENT
  • 7.1. As a Purchaser, when purchasing Content, you agree that:
  • 7.1.1. The purchase is for a license for the Content, you do not own the content as outlined in clause 4 and clause 5.4 of these Terms.
  • 7.1.2. Any purchase of the license for the Content from the Service is an agreement between You and the User who has originally provided the Content and is governed by the licensing terms as set out in Sections 4 and 5 of these Terms.
  • 7.1.3. You accept the content “as is” and without warranty of merchantability, fitness for purpose, non-infringement, title, custom, trade, quiet enjoyment, and freedom from computer virus.
  • 7.1.4. Unless otherwise specified You will abide by any license conditions for the use of any User Content or Third-Party Content purchased by You.
  • 7.2 Your payment will be processed at the time of placement of the order.
8. PAYMENT FOR GENERATED CONTENT
  • 8.1. When Your User Generated Content is purchased from the Soar platform, You agree to be paid according to Soar’s Payment Policy as in force at the time of the purchase.
9. PAYMENT FOR SOAR SERVICES
  • 9.1. Some services available through the Soar platform are paid services and you agree that.
  • 9.1.1 Where the service is a subscription and this extends beyond the first period of payment, Your subscription will be automatically renewed unless cancelled prior to its expiry.
  • 9.1.2  Any service or subscription may be cancelled by You at any time.
  • 9.1.3 You will be able to access that subscription services up until the time at which any previous payment amount expires.
  • 9.1.4 We are not liable to provide a refund on any non-use of any feature or service.
10. REPLACEMENTS AND REFUNDS
  • 10.1. If the Content delivered is faulty, does not match what has been described or is not within any stated specification provided by a third party, you will be entitled to a replacement or refund for that Content.
  • 10.2. The right to a refund does not apply if You got what You asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it.
  • 11. THIRD PARTY SERVICES
  • 11.1. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
  • 11.2. There may be links from the Service, or from communications you receive from the Service to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse.
  • 11.3. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature.
  • 11.4. Soar does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Soar is in no way responsible or liable for any such third-party services or features.
12. REPORTING COPYRIGHT AND OTHER IP VIOLATIONS
  • 12.1. If you see User Content on the Service of which you are the rightful owner and it has not been posted by you, you have the right to inform Soar of the infringement of your rights.
  • 12.2. To report a Content violation please report this to Soar by emailing skysponsor@soar.earth and using the phrase ‘Copyright content violation’ in the email subject header and provide the following information.
  • 12.2.1. Your name
  • 12.2.2. Your contact details including physical and email addresses.
  • 12.2.3. A screenshot or other evidence identifying the allegedly infringing content.
  • 12.2.4. Evidence that you are the owner of the rights to that Content including, if possible, a copy of the original Content.
  • 12.3.  Soar takes no responsibility for the posting of third-party content and you agree that, if any infringement allegation is proven, then Soar’s sole remedial action will be the removal of the infringing content.
  • 13. DISCLAIMER OF WARRANTIES
  • 13.1. The Service, including, without limitation, Soar Content, is provided on an "as is", "as available" and "with all faults" basis.
  • 13.2  Some or all features available through the Service may not be available in your region due to various factors and Soar does not guarantee access to the Service.
  • 13.3  To the fullest extent permissible by law, neither Soar nor any of their employees, managers, officers or agents make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to:
  • 13.3.1. The Service
  • 13.3.2 The Soar Content
  • 13.3.3 User Content
  • 13.3.4 Third Part Content, or
  • 13.3.5 Security associated with the transmission of information to Soar or via the Service.
  • 13.4. In addition, Soar hereby disclaims all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
  • 13.5. Soar does not represent or warrant that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses.
  • 13.6. Soar does not make any representations or warranties that the information on the Service is accurate, complete, or useful. You acknowledge that your use of the Service is at your sole risk.
  • 13.7. Soar does not warrant that your use of the Service is lawful in any particular jurisdiction, and Soar specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these Terms.
  • 13.8. By accessing or using the Service, You represent and warrant that your activities are lawful in every jurisdiction where You access or use the Service.
  • 13.9. Soar does not endorse Content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
  • 14. LIMITATION OF LIABILITY WAIVER
  • 14.1. You agree that any claim you may have arising out of or related to your relationship with Soar must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
15. GOVERNING LAW AND VENUE
  • 15.1. These Terms are governed by and construed in accordance with the laws of Western Australia, without giving effect to any principles of conflicts of law.
  • 15.2. These Terms WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
  • 15.3. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Soar's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.
  • 15.4. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
  • 15.5. Soar reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment.
  • 15.6. This dispute resolution provision will survive the termination of any or all your transactions with Soar.
16. ENTIRE AGREEMENT
  • 16.1. If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity.
  • 16.2. These Terms constitute the entire agreement between You and Soar and governs your use of the Service, superseding any prior agreements between you and Soar.
  • 16.3. You will not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Soar.
  • 16.4. Any purported assignment or delegation by you without the appropriate prior written consent of Soar will be null and void.
  • 16.5. Soar may assign these Terms or any rights hereunder without your consent.
  • 16.6. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect.
  • 16.7. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. These Terms do not confer any third-party beneficiary rights.
17. TERRITORIAL RESTRICTIONS
  • 17.1. The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Soar to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Soar provides.
  • 17.2. Software related to, or made available by, the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.