PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR WEBSITE (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE WEBSITE IN ANY MANNER.

Website Terms of Use

Effective date: January 1, 2018

Welcome to LeoLabs. Please read on to learn the rules and restrictions that govern your use of our website(s) (the "Website"). If you have any questions, comments, or concerns regarding these terms or the Website, please contact us at info@leolabs.space.

These Terms of Use (the "Terms") are a binding contract between you and LeoLabs, Inc. ("LeoLabs," "we" and "us"). You must agree to and accept all of the Terms, or you don't have the right to use the Website. Your use of the Website in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Website. These Terms include the provisions in this document, as well as those in the Privacy Policy.

Will these Terms ever change?

We are constantly trying to improve our Website, so these Terms may need to change along with the Website. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice at https://platform.leolabs.space/, by sending you an email, and/or by some other means.

If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Website. If you use the Website in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What are the basics of using LeoLabs?

In order to use certain features of the Website, you may be required to sign up for an account, and select a password and user name ("LeoLabs User ID"). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your LeoLabs User ID a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract. You will only use the Website for your own internal, personal use and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Website is prohibited by applicable laws, then you aren't authorized to use the Website. We can't and won't be responsible for your use of the Website in a way that breaks the law.

Your use of the Website is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Website or interact with the Website in a manner that:

Infringes or violates the intellectual property rights or any other rights of anyone else (including LeoLabs);
Violates any law or regulation, including, without limitation, any applicable export control laws;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of your LeoLabs' account or anyone else's (such as allowing someone else to log in to the Website as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or "spam" on the Website, or any processes that run or are activated while you are not logged into the Website, or that otherwise interfere with the proper working of the Website (including by placing an unreasonable load on the Website's infrastructure);
"Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Website or Content (through use of manual or automated means);
Copies, stores, distributes or publishes without LeoLabs' consent any significant portion of the Content, including, without limitation, any javascript code for features of the Website;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Website.

A violation of any of the foregoing is grounds for termination of your right to use or access the Website.

What are my rights in the Website?

The materials displayed or performed or available on or through the Website, including, but not limited to, text, graphics, data, data visualizations, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Website, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including LeoLabs') rights.

You understand that LeoLabs owns the Website. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Website.

The Website may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn't mean that all the restrictions above don't apply – they do!

Do I have to grant any licenses to LeoLabs or to other users?

Anything you post, upload, share, store, or otherwise provide through the Website is your "User Submission." If you share a User Submission on the Website, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Website, then you grant LeoLabs a royalty-free, perpetual, sublicenseable, irrevocable, and worldwide license to display, perform, distribute, modify, reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Website and/or otherwise in connection with LeoLabs' business. This is a license only – your ownership in User Submissions is not affected. Please note that to the extent your User Submissions contain personally-identifiable information, they are also subject to our Privacy Policy.

Who is responsible for what I see and do on the Website?

Any information or content publicly posted or privately transmitted through the Website is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren't liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Website. We can't guarantee the identity of any users with whom you interact in using the Website and are not responsible for which users gain access to the Website.

You are responsible for all Content you contribute, in any manner, to the Website, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Website.

The Website may contain links or connections to third party websites or services that are not owned or controlled by LeoLabs. When you access third party websites or use third party services, you accept that there are risks in doing so, and that LeoLabs is not responsible for such risks. We encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

LeoLabs has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Website. In addition, LeoLabs will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Website, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

If there is a dispute between participants on this site, or between users and any third party, you agree that LeoLabs is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release LeoLabs, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Website. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Will LeoLabs ever change the Website?

We're always trying to improve the Website, so they may change over time. We may suspend or discontinue any part of the Website, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Website. We reserve the right to remove any Content from the Website at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Do LeoLabs' Website and services cost anything?

Currently, LeoLabs does not charge for any features available on the Website, but does charge for its data products and other related services separate from what is available on its Website. We reserve the right to charge for certain or all services on the Website in the future. We will notify you before any services you are then using begin carrying a fee, and if you wish to continue using such services, you must pay all applicable fees for such services.

What else do I need to know?

Account. If you do establish an account on LeoLabs' website, you can ask that we delete your account by contacting us at accounts@leolabs.space; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after the deletion of your account. LeoLabs is also free to terminate (or suspend access to) your use of the Website or your account, for any reason in our discretion, including your breach of these Terms. LeoLabs has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

Termination. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

Warranty Disclaimer. Neither LeoLabs nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Website, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Website. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Website. THE WEBSITE AND CONTENT ARE PROVIDED BY LEOLABS (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL LEOLABS (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO LEOLABS IN CONNECTION WITH THE WEBSITE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold LeoLabs, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Website (including any actions taken by a third party using your account), and (b) your violation of these Terms.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without LeoLabs' prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California.

Children's Privacy. The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Website or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at info@leolabs.space.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Website, provided that LeoLabs may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and LeoLabs agree that these Terms are the complete and exclusive statement of the mutual understanding between you and LeoLabs, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms,. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of LeoLabs, and you do not have any authority of any kind to bind LeoLabs in any respect whatsoever.