Cesium ion Terms of Service
Last modified: November 8, 2022
Cesium is located at 400 Market Street, Suite 1100, Philadelphia, PA 19106.
Why are you reading this?
By using Cesium ion, the “Service”, you agree to these Terms of Service and their modifications, hereafter known as the “Terms”. They apply whether you are contributing or receiving content on Cesium ion. It is important that you understand these Terms because they govern what you can and can’t do with the Service, what your rights and liabilities are, and what Cesium’s rights and liabilities are. This agreement represents a legal contract between you and Cesium.
Cesium will revise these Terms from time to time. Please check back on this page often to ensure you are aware of any changes or updates to the Terms. If you do not agree with these Terms or any of their revisions, you must stop using Cesium ion. Your use of the Service following any amendment of these terms of service will signify your assent to and acceptance of its revised terms.
- You must sign up for a user account in order to use most Services.
- If you live in a country in the European Region, you must be at least 16 years old to use our Services or such greater age required in your country to register for or use our Services. If you live in any other country except those in the European Region, you must be at least 13 years old to use our Services or such greater age required in your country to register for or use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
- You must be human. No “bots” or automated registration devices are permitted to create an account.
- You are only allowed to sign up for one account, and you are the only person authorized to log into that account.
- If you enter into this Agreement on behalf of a company or legal entity, you must have the authority to bind that entity to these Terms. In that case, “you” refers to the entity. Please note, if you are a government entity, there are special terms that apply (see “U.S. Government End User Rights” below).
- You are responsible for anything that occurs on your account, whether or not you authorized it. Cesium is not responsible for any harm that may result from your use of Cesium ion, nor will Cesium be liable for any losses or damages caused by unauthorized use. However, you may be liable for the losses that Cesium or others incur due to your use of the Service or by unauthorized use of your account. If you become aware of unauthorized use, you must notify Cesium immediately and cooperate with Cesium to respond to the security breach.
Using our Service
If available, Cesium ion provides you the ability to:
- Upload and host data, including terrain, imagery, buildings, vector data, and more (i.e. “Your Content”);
- Process Your Content into formats optimized for web streaming;
- Download Your Content that’s been processed (“Processed Content”); provided that any time you display such Processed Content you must include a conspicuous display of the Cesium ion logo;
- Access free and/or paid subscription geospatial datasets;
- Compose various Cesium ion applications;
- Invite others to access the Cesium ion applications you’ve composed (either free or for a charge) ; and
- View and use Cesium ion applications created by other users who provide you access.
To use the Service, you agree to comply with all laws, regulations and any third party agreements. Furthermore, you may not:
- Modify, alter, tamper with, reverse engineer, or attempt to extract source code from the Service (except specifically provided sample code);
- Copy, reproduce, or duplicate the Service;
- Redistribute, sell or re-sell, assign, sublicense, lease, rent, transfer, or convey the Service;
- Remove, obscure, or alter any Terms of Service, links to the Terms, or any copyright, trademark or proprietary notices of Cesium or 3rd parties; or
- Place or sell advertising, sponsorships, or promotions on the Service.
- Download Your Content for offline use (except for Web Browsers automatically caching locally on the client for performance) except to the extent downloading of Processed Content is available as a feature in Cesium ion.
Service plans and fees, including monthly subscriptions plans, free subscription plans, and all other plan variations are subject to change upon 30 days’ notice from us. Cesium will not be liable to you or to any third-party for any modifications, or price change to the Service.
Technical Support is available to support the use of Cesium ion, including data management, data processing, data hosting, Asset Depot, Cesium Stories, and other direct utilization of the Service. Please note that this Technical Support does not include the use of Cesium ion outside of the Cesium Stories functions provided within the Service, and if you wish to obtain that type of support, contact us to purchase it separately.
Technical Support is provided remotely during normal business hours (EST) via email@example.com. A response is not guaranteed for free account users.
Your Content that you post, and your Processed Content that you download, is yours. You retain all rights to Your Content and your downloaded Processed Content at all times. Others can only access it by an invitation from you. Cesium will not verify, investigate or endorse any content you or anyone else submits to the Service.
You are also solely responsible for Your Content and the consequences of posting it on or downloading your Processed Content from Cesium ion or using either. Cesium expressly disclaims all liability in connection with Your Content and downloaded Processed Content.
Cesium grants you a limited, non-exclusive, revocable, non-transferable, right and license to (1) use the Service to upload Your Content, and download your Processed Content, to create and display 3D scenes and services that can be shared with others, and (2) display the Cesium ion logo to provide attribution as required under this Agreement.
In order for Cesium to host Your Content and Processed Content, you grant Cesium a non-exclusive, worldwide, royalty-free, transferable, and sub-licensable right and license to use, display, use, cache, copy, distribute, modify, transmit, and store Your Content and Processed Content. You affirm that you have the right to grant these rights to Cesium.
If you share Your Content or Processed Content with others using the Service, a license will not be transferred and they will only be able to view Your Content/Processed Content, but not copy, download, distribute, modify, or transmit it.
Cesium World Imagery
You may only use responses from the Geocoding API (“Geocodes”) in conjunction with Your Content.
You may not export, store or cache Geocodes.
You may use latitude and longitude information from Geocodes to position results on a map, but you may not display the latitudes or longitudes directly to others.
You may only query the Geocoding API in response to human user queries and human app interactions; you may not perform bulk or automated queries.
Digital Millennium Copyright Act Compliance
In compliance with Title 17, USC § 512, the Digital Millennium Copyright Act (DMCA), Cesium will promptly remove all material that appear to constitute infringement of a third party’s copyrights, as long as Cesium GS receives a properly drafted notice. A copy of the DMCA Takedown Notice requirements, the procedure, and an electronic form is published at the Cesium ion website: dmca.docx.
Unlawful and Other Unauthorized Uses
The following actions are not permitted, and may result in immediate suspension or termination of Service with or without notice:
- Any illegal activity, including, but not limited to transferring any content in violation of export or import laws, regulations, or restrictions of the United States, without approval, license, or exemption, or any activity that violates others’ trade secrets or rights, including intellectual property, privacy, publicity, or human rights
- Dissemination of material that is deemed to be obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, malicious, or abusive
- Use the Service in a manner that may damage or overburden the Service, or interfere with others’ use of the Service
- Storage or transmission of viruses, Trojan horses, or any other malicious code or program that is destructive in nature
- Interfering with or attempting to gain unauthorized access to an account or computer network
- Creating a false identity or attempting to mislead others of your identity or the origin of any communication
- Any other activity reasonably deemed by Cesium to be in conflict with the intent of these Terms of Services
Account Termination or Cancellation
Cesium, in its sole discretion, may temporarily suspend or permanently discontinue the Service, or your use of the Service, at any time, without prior notice. Upon suspension or discontinuation of the Service, the limited licenses and rights given by this agreement will automatically terminate and you, or others using your content, may no longer have access to the data that you stored on the site after that.
You may also choose to cancel your account at any time. After cancellation or termination of your account, Cesium will make reasonable attempts to promptly remove your Content from the Service. However, caching of or references to Your Content and Processed Content may not be immediately removed.
Cesium will not be liable for any damages, losses, or other consequences that you may incur as a result of any suspension or termination of the Service or your account.
You expressly agree that the use of the Service is at your sole risk.
The Service and Your Content and Processed Content, including 3rd party content, are provided “as is”, without any warranty of any kind, either express or implied, to the fullest extent permissible by law.
These warranties include, but are not limited to: implied warranties of merchantability, fitness for particular purpose, title and non-infringement of property rights.
Furthermore, Cesium does not warrant that the Service, Your Content, Processed, Content, 3rd party content, or their features and functions will meet your specific requirements, be uninterrupted, be secure, be accurate, be complete, be free of errors, viruses, or other harmful components, and Cesium does not warrant that it will correct such discrepancies. You assume the entire risk as to the quality and performance of the Service.
Limitation of Liability
In no event will Cesium, its officers, directors, shareholders, employees, agents, contractors, and third party contributors, be liable to you, or another party bringing any claims against you, for any special, indirect, incidental, consequential, exemplary or punitive damages, including, but not limited to, loss of: profits, savings, revenues, goodwill, use, data, or other intangible losses arising out of the use, or inability to use, the Service or Your Content or Processed Content (or any other content including user submissions), in an action of contract, negligence or tort, even if Cesium and its partners had been advised of the possibility of such damages.
To the extent permissible by law, Cesium’s and its partners’ liability or contribution for any claims under these Terms, including implied warranty, is limited to the amount of one hundred dollars ($100), or the amount you paid to use the Service for the last 12 months, whichever is more.
You agree to defend, indemnify, and hold harmless Cesium, its officers, directors, shareholders, employees, agents, contractors, and third party contributors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from:
1. Your use and access of the Service;
2. Your violation of any term of this Agreement;
3. Your violation of any third party right, including without limitation, any copyright, patent, trademark, privacy or other right;
4. Any claim that Your Content or Processed Content caused damage to a third party; or
5. Your violation of the Digital Millennium Copyright Act
This Agreement will be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law principles. All disputes or controversies arising out of or related to this Agreement will be subject to the exclusive jurisdiction and venue of either the Court of Common Pleas of Chester County, Pennsylvania or the U.S. District Court for the Eastern District of Pennsylvania. You consent to personal jurisdiction and venue of these courts.
You may not assign these Terms or any of your rights under this Agreement without the express, prior written consent of Cesium. Absent such consent, any attempted assignment is null and void.
U.S. Government End User Rights
The Service, and related documentation are “commercial items” as that term is defined at 48 C.F.R. 2.101, consisting of “technical data” as such terms are used in 48 C.F.R. 12.211 or 48 C.F.R. 227.7102. Consistent with 48 C.F.R. 12.211 and 48 C.F.R. 227.7102-1 through 227.7102-4, as applicable, all U.S. Government end users acquire the Cesium GS Services with only those rights set forth therein.
- You have read this entire Agreement and agree to be bound by its Terms.
- This Agreement is the complete and exclusive statement of the understanding and contract between Cesium and you, and supersedes any and all prior oral or written communications relation to the subject matter.
- Any provision found by a court of law to be illegal, invalid, or unenforceable shall automatically be deemed conformed to the minimum requirements of law and it, with all other provisions, shall be given full force and effect. Waiver of a provision in one instance shall not preclude its enforcement on future occasions. Such findings of illegality, invalidity, and/or unenforceability of one or more of the provisions herein shall not affect the remaining provisions.
- You agree that Cesium would be irreparably damaged if the Terms and Conditions on this Agreement are not specifically enforced, and therefore you agree that Cesium will be entitled to appropriate equitable remedies, including but not limited to injunctive relief with respect to breaches of this Agreement, in addition to such other remedies available under applicable laws.
- In the event that either party is required to bring an action, suit, or other proceeding for the enforcement of any provision of or under this agreement, each party will be responsible for their own costs and expenses, including attorney and professional expert fees.
Cesium ion attribution is required on the main application window (unless there is a custom agreement), and as set forth above when displaying downloads of Your Content, by conspicuously displaying the Cesium ion logo. For mobile applications, you may move the Cesium ion logo to a splash screenshot or about page. Any and all use of the Cesium ion logo shall inure to the benefit of Cesium.