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3d A La Carte owns and operates Presenting Earth (http://presentingearth.com).
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.
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.
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
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.
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.
If you have any comments or questions you may address them to 3d A La Carte at firstname.lastname@example.org