Terms Of Service
Last modified: September 17th, 2017
Cesium ion is owned and operated by Analytical Graphics Inc., “AGI”. We are located at 220 Valley Creek Blvd, Exton, PA 19341.
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.com. 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 AGI’s rights and liabilities are. This agreement represents a legal contract between you and AGI.
AGI 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.
- You must be at least 13 years old to create an account.
- 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. AGI is not responsible for any harm that may result from your use of Cesium ion, nor will AGI be liable for any losses or damages caused by unauthorized use. However, you may be liable for the losses that AGI 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 AGI immediately and cooperate with AGI to respond to the security breach.
Using our Service
Cesium ion provides you the ability to:
- Upload and host data, including terrain, imagery, buildings, vector data, and more (i.e. “Content”);
- Process Content into formats optimized for web streaming;
- 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 AGI or 3rd parties; or
- Place or sell advertising, sponsorships, or promotions on the Service.
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. AGI 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, Data Depot, Cesium Composer, and other direct utilization of the Service. Please note that this Technical Support does not include the use of Cesium outside of the Cesium Composer 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 firstname.lastname@example.org. A response is not guaranteed for free account users.
Any Content that you post is yours. You retain all rights to your Content at all times. Others can only access it by an invitation from you. AGI will not verify, investigate or endorse any Content submitted to the Service.
You are also solely responsible for your Content and the consequences of posting it on Cesium ion. AGI expressly disclaims all liability in connection with Content. You affirm that the Content you submit does not violate any U.S. or International laws and regulations, including but not limited to proprietary rights, and that you own the Content, or that you have the licenses, rights and permissions to publish the Content. Additionally, you affirm that you have the right to grant these rights to AGI.
AGI grants you a limited, non-exclusive, revocable, non-transferable, right and license to use the Service to upload Content to create 3D scenes and services that can be shared with others.
In order for AGI to host your Content, you grant AGI a non-exclusive, worldwide, royalty-free, transferable, and sub-licensable right and license to use, display, use, cache, copy, display, distribute, modify, transmit, and store your Content, including all your patent, trademark, trade secret, copyright, or other proprietary rights.
If you share your Content with others using the Service, a license will not be transferred and they will only be able to view your Content, but not copy, distribute, modify, or transmit it.
Digital Millennium Copyright Act Compliance
In compliance with Title 17, USC § 512, the Digital Millennium Copyright Act (DMCA), AGI will promptly remove all material that appear to constitute infringement of a third party’s copyrights, as long as AGI receives a properly drafted notice. A copy of the DMCA Takedown Notice requirements, the procedure, and an electronic form is published at https://cesium.com/legal/files/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 AGI to be in conflict with the intent of these Terms of Services
Account Termination or Cancelation
AGI, 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 cancelation or termination of your account, AGI will make reasonable attempts to promptly remove your Content from the Service. However, caching of or references to your Content may not be immediately removed.
AGI 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 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, AGI does not warrant that the Service, the Content, its 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 AGI 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 AGI, 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 Content (including user submissions), in an action of contract, negligence or tort, even if AGI and its partners had been advised of the possibility of such damages.
To the extent permissible by law, AGI’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 AGI, 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:
- Your use and access of the Service;
- Your violation of any term of this Agreement;
- Your violation of any third party right, including without limitation, any copyright, patent, trademark, privacy or other right;
- Any claim that your Content caused damage to a third party; or
- 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 AGI. 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 AGI 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 AGI 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 AGI would be irreparably damaged if the Terms and Conditions on this Agreement are not specifically enforced, and therefore you agree that AGI 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.