Earth From Above : New York City

Terms & Conditions

Agreement Between User and Picture Earth

The network of websites (collectively, the "PICTURE EARTH Website(s)") operated by Picture Earth, Inc. and/or its affiliates, subsidiaries, partners and licensees ("PICTURE EARTH"), is comprised of various websites and webpages. The PICTURE EARTH Websites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By accessing, viewing, streaming, downloading or otherwise using the PICTURE EARTH Websites or any webpage or feature available through the PICTURE EARTH Websites, or any information provided on or by the PICTURE EARTH Websites, or any related items, or by clicking any link on the PICTURE EARTH Websites, you conclude a legally binding agreement to all such terms, conditions, and notices. Your use of a particular PICTURE EARTH Websites included within or linked from the PICTURE EARTH Websites network may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the PICTURE EARTH Websites may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). Any terms described in the preceding two sentences are referred to as "Additional Terms.” In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and/or guidelines contained within or linked from any particular PICTURE EARTH Website, then terms herein shall control.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE. By accessing or using the PICTURE EARTH Websites, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use the PICTURE EARTH Websites.

MODIFICATION OF THESE TERMS OF USE

PICTURE EARTH reserves the right to change the terms, conditions, and notices under which the PICTURE EARTH Websites are offered, including but not limited to the charges associated with the use of the PICTURE EARTH Websites. You are responsible for regularly reviewing these terms and conditions.

USE OF PICTURE EARTH Websites. PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the PICTURE EARTH Websites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the PICTURE EARTH Websites.

On the condition that you comply with all your obligations under this Agreement, PICTURE EARTH grants you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) to view information that we provide on the PICTURE EARTH Websites as we intend such information to be used, and only in accordance with this Agreement and any specific terms of use that PICTURE EARTH makes available to you. You may submit information to PICTURE EARTH at your own risk of loss in accordance with the terms herein. PICTURE EARTH grants you no other rights, implied or otherwise.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, stream, download and print hard copy portions of the material from the different areas of the PICTURE EARTH Websites solely for your own noncommercial use, or to place an order with PICTURE EARTH or to purchase PICTURE EARTH products. Any other use of materials on this PICTURE EARTH Websites, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of PICTURE EARTH Websites, without prior written permission of PICTURE EARTH (which may be withheld for any reason) is strictly prohibited.

Harassment in any manner or form on any of the PICTURE EARTH Websites, including, without limitation, via e-mail chat rooms, forums or blogs, or by obscene or abusive language is strictly forbidden. Impersonation of others, including a PICTURE EARTH employee, host, consultant or representative or other members or visitors on the PICTURE EARTH Websites is prohibited. You may not upload to, distribute, or otherwise publish through the PICTURE EARTH Websites any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the PICTURE EARTH Websites or use the PICTURE EARTH Websites to solicit others to join or become members of any other commercial online service or other organization.

COPYRIGHTS AND TRADEMARKS

The entire content included in the PICTURE EARTH Websites, including but not limited to text, design, graphics, sounds, interfaces, or code and the selection and arrangements thereof (individually and collectively the “PICTURE EARTH WEBSITE MATERIALS”) is copyrighted, without limitation, as a collective work under the United States and other copyright laws, and is the property of PICTURE EARTH. The PICTURE EARTH WEBSITE MATERIALS includes works that are licensed to PICTURE EARTH. Copyright 2000, 2001. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks, service marks or registered services marks of and are proprietary to PICTURE EARTH, or other respective owners that have granted PICTURE EARTH the right and license to use such Marks.

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

PICTURE EARTH respects the intellectual property of others, and we ask our users and visitors to do the same. PICTURE EARTH will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, PICTURE EARTH will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PICTURE EARTH the following information. Please be advised that to be effective, the Notification must include ALL of the following:

   1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
   2. a description of the copyrighted work that you claim has been infringed;
   3. a description of where the material that you claim is infringing is located on the PICTURE EARTH Website;
   4. your address, telephone number, and email address and all other information reasonably sufficient to permit PICTURE EARTH to contact you;
   5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
   6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By mail:

Picture Earth.
Legal Division/Copyright Agent
285 5th Avenue, Suite 458
Brooklyn, NY 11215

By fax: (646) 205-4199

By Email: contact@pictureearth.org
(Please include "Notice of Infringement" in the subject line.)

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING PICTURE EARTH THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

TYPOGRAPHICAL ERRORS

In the event a PICTURE EARTH product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, PICTURE EARTH shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. PICTURE EARTH shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, PICTURE EARTH shall issue a credit to your credit card account in the amount of the incorrect price.

USER PARTICIPATION

PICTURE EARTH does not and cannot review all communications and materials posted to or created by users accessing the PICTURE EARTH Website and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the PICTURE EARTH Website, PICTURE EARTH is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the PICTURE EARTH Website. However, PICTURE EARTH reserves the right to block or remove communications or materials, without notice to you except where expressly provided herein, that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to PICTURE EARTH at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by PICTURE EARTH in accordance with PICTURE EARTH's Privacy Statement.

USER SUBMISSIONS

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, ideas, information or other communication you transmit, upload or post to this Website ("Communications")will be considered non-confidential and non-proprietary. PICTURE EARTH will have no obligations with respect to the Communications. PICTURE EARTH and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

USER CHAT ROOMS/BLOGS/FORUMS

PICTURE EARTH may, but is not obligated to, monitor or review any areas on the the PICTURE EARTH Websites where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, blogs, bulletin boards or other user forums, and the content of any such Communications. . PICTURE EARTH cannot guarantee that other members will not use the Communications that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the PICTURE EARTH Websites. PICTURE EARTH AND ITS AFFILIATES, subsidiaries, partners and licensees ARE NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

DISCLOSURE OF COMMUNICATIONS

You acknowledge, consent and agree that PICTURE EARTH may access, preserve, and disclose any Communications if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third parties; (d) respond to any inquiries made by you; or (e) protect the rights, property, or personal safety of PICTURE EARTH, its affiliates, subsidiaries, partners and licensees and PICTURE EARTH’s users and the public.

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, the PICTURE EARTH Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with PICTURE EARTH, PICTURE EARTH has no control over these linked sites, all of which have separate privacy and data collection practices, independent of PICTURE EARTH. PICTURE EARTH has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such Websites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that PICTURE EARTH sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, PICTURE EARTH seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own Website, but for sites it links to as well (including if a specific link does not work). You should contact the Website administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

CLAIMS

Each claim or statement about the effectiveness of PICTURE EARTH products and/or each claim or statement comparing the effectiveness of PICTURE EARTH products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the PICTURE EARTH Websites.

DISCLAIMER

PICTURE EARTH makes no warranties or representations about the accuracy or completeness of this Website’s content or the content of any site or External Sites.

PICTURE EARTH does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.

THIS WEBSITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PICTURE EARTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. PICTURE EARTH DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PICTURE EARTH DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL PICTURE EARTH BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF PICTURE EARTH HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless PICTURE EARTH, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Website using your Internet account.

TERM; TERMINATION.

These terms and conditions are applicable to you upon your accessing the Website and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by PICTURE EARTH without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination

TERM; TERMINATION.

SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of this Agreement.

APPLICABLE LAWS

Your use of this Website shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of PICTURE EARTH products) shall be in the state or federal courts located in Kings County, New York. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of PICTURE EARTH products) must be commenced within one (1) year after the claim or cause of action arises. PICTURE EARTH's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision, right or remedy of PICTURE EARTH. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. PICTURE EARTH may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign or delegate any rights or obligations under this Agreement and any purported assignment and delegation shall be ineffective. . PICTURE EARTH's affiliates, subsidiaries, partners and licensees are not parties to, but intended third party beneficiaries of, this Agreement, with a right to enforce this Agreement directly against you.

PICTURE EARTH makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Website from locations outside New York do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of New York.

ARBITRATION

By using the PICTURE EARTH Websites, you agree that PICTURE EARTH, at its sole discretion, may require you to submit any disputes arising from the use of the PICTURE EARTH Websites, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps, if any, in this Agreement or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

GENERAL

PICTURE EARTH may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at the PICTURE EARTH Websites.

ENTIRE AGREEMENT

You agree that this Agreement constitutes the entire and complete agreement between you and PICTURE EARTH regarding your use of the PICTURE EARTH Websites and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

Picture Earth, a not-for-profit organization, 285 Fifth Avenue, Suite 458, Brooklyn, NY 11215.

Last updated: February 17, 2010