Terms of Service

Open Imagery Network Inc., DBA Radiant Earth Foundation Terms of Service

Your use of the API (application program interface) and other developer tools that we make available from time to time (the “Radiant MLHub”) is subject to:

These terms of service between you (“you”, “your”) and Radiant Earth Foundation having a place of business at 740 15th Street NW Suite 800, Washington DC 20005 and their affiliates and assigns from time to time (“Radiant Earth Foundation”, “us”, “we” or “our”) (Terms of Service”);

The Terms of Service at https://radiant.earth/terms/

The Privacy Policy at https://radiant.earth/privacy/ (the “Privacy Policy”); and

The End User License Agreement at https://radiant.earth/user-license/ (the “End User License Agreement”)

All as may be updated from time to time (collectively, the “Terms”).

If there is any contradiction between the Terms of Service and the Privacy Policy or the End User License Agreement, then the Terms of Service will take precedence only as they relate to the Radiant MLHub.

To use Radiant MLHub, you must have the capacity and, where necessary, be authorized to be legally bound by the Terms. If you don’t have legal authority and capacity, or if you disagree with any of the terms, Radiant Earth Foundation does not grant you a license to use Radiant MLHub.

By using Radiant MLHub and code, maps data, terrain data, photographic imagery, pixels, annotations, labels, training data, metadata, underlying technology, graphics, design, content, documentation, and related materials made available to you by Radiant Earth Foundation (collectively, the “Radiant Earth Foundation Content”), you understand, agree, and acknowledge that the Terms of Service constitutes a legally binding agreement between you and us and that your use of Radiant MLHub and the Radiant Earth Foundation Content shall indicate your conclusive and irrefutable acceptance of the Terms of Service.

Acceptance of the Terms

From time to time, Radiant MLHub may require you to apply for an API access token. For the API, go to dashboard.mlhub.earth. By signing up to get an API access token you accept the Terms.

Changes to the Terms

We may change, modify, add, ­­alter, remove portions of or otherwise update the Terms from time to time. When these changes are made, we will make a new copy of the Terms available at the URLs specified above, or such successor URLs that we may designate from time to time.

By continuing to use and access Radiant MLHub, you are agreeing to be bound by the then-current version of the Terms and any changes reflected therein.

If a modification is unacceptable to you, you may terminate the Terms in accordance with Section “Termination” below at any time.

Registration

Access to Radiant MLHub requires you to sign-up for an account with us. Signing-up will require a password, username and registration information. The registration information must be current and correct (and please update it to keep it that way). If you tell us something that is not true or correct you may have to compensate us for the damage you cause and for what we have lost.

Upon request, we may provide specific or customized services to holders of certain specialized accounts. For these specialized accounts, there may be specific terms and conditions (other than or in addition to the Terms) that apply. If other terms and conditions apply, Radiant Earth Foundation will notify you of such terms and conditions.

Radiant Earth Foundation may require you to obtain and use access tokens that are uniquely associated with your account and any software application or website used to obtain and display Radiant Earth Foundation Content, or any other content for use by other end users developed and implemented by you. If required, you must obtain and use such tokens in accordance with the Terms.

If someone finds out your username and password and causes harm to Radiant MLHub or to us, we will hold you responsible. Please keep your password safe and change your password if you think someone else knows it because you are responsible for all of your account activities.

Payments and Fees

Radiant Earth Foundation’s current fee schedule for Radiant MLHub is free of charge but may be modified in the future. You will be notified of any change to our fee structure. All fees are stated in U.S. dollars. Payments are processed by a third-party payment processor and may be subject to further terms and conditions imposed by such third party.

Privacy Policy

For information about Radiant Earth Foundation’s data privacy practices, please read the Privacy Policy. This policy explains how Radiant Earth Foundation treats your personal information and your protection of privacy. You agree to the use of your data in accordance with the Privacy Policy.

License to you

Radiant MLHub and the Radiant Earth Foundation Content is owned by Radiant Earth Foundation and is licensed to you on the worldwide (except as limited below), non-exclusive, non-sublicensable, revocable basis of the Terms (the “License”). The Terms define legal use of Radiant MLHub and the Radiant Earth Foundation Content, all updates, revisions, substitutions and any copies of Radiant MLHub and the Radiant Earth Foundation Content made by or for you. All rights not expressly granted to you are reserved by Radiant Earth Foundation.

Subject to the restrictions set out in the Terms, you may use Radiant MLHub and any updates provided by Radiant Earth Foundation in its sole discretion under the Terms until terminated by us or by either party in accordance with Section “Termination” below.

Any communication or content submitted by you to Radiant Earth Foundation is subject to the Terms and you grant to Radiant Earth Foundation the right to use and incorporate such communication and content in Radiant MLHub or documentation without compensation to you and without further recourse by you.

License Restrictions

All use of Radiant MLHub is subject to and must comply with the Terms. Please remember that you and your services are also bound by and subject to our Privacy Policy and End User License Agreement, which are all hereby incorporated into the Terms of Service by reference.

Use of Radiant MLHub is subject to and must comply with any and all licenses specifically applied to the components of the Radiant Earth Foundation Content. This includes all licenses applied to datasets, code, or other components. Failure to comply with the license requirements of individual components shall be a violation of these Terms of Service.

Our Rules

In using Radiant MLHub, you must not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

Upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene or unlawful content;

Upload, post, email, transmit or otherwise make available any intentionally inaccurate content;

You are responsible for reviewing the metadata for each data product you use and you must adhere to the license restrictions of each individual data set;

Use information obtained from Radiant MLHub to engage in wartime activities; including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction nor will you use the Radiant MLHub Items for a military end-use or a military end-user;

Create knowingly false analytics to physically or financially harm any group or individual;

Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party;

Upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Radiant Earth Foundation policies or guidelines;

Download any file posts by another that you know, or reasonably should know, cannot legally be distributed in such a manner; impersonate another person or entity or falsify or delete any author attributions or labels of the origin or source of content, or other material;

Restrict or inhibit any other user from using and enjoying the Radiant Earth Foundation services;

Interfere with or disrupt Radiant MLHub, servers, or networks connected to Radiant MLHub, or disobey any requirements, policies, procedures or regulations of networks connected to Radiant Earth Foundation;

Use any robot, spider, site search/retrieval application, or any other device to treat or index any portion of the Radiant MLHub or Radiant Earth Foundation Content or collect information about end users for any unauthorized purpose;

Display content in your that falsely expresses or implies that such content is sponsored or endorsed by Radiant Earth Foundation;

Create Radiant Earth Foundation accounts by automated means or under false or fraudulent pretenses, or obtain or attempt to obtain multiple tokens for the same URL;

Promote or provide instructional information about illegal activities;

Promote physical harm or injury against any group or individual; or transmit any malicious code (including, but not limited to, viruses, worms, defects, and Trojan horses), or any other items of a destructive nature.

Access or use any Radiant Earth Foundation Content through any technology or means other than through the technology authorized by Radiant Earth Foundation.

Attempt to reverse engineer or decompile Radiant MLHub or the Radiant Earth Foundation Content.

Attempt to create or substitute similar service through use or for access to Radiant MLHub.

Modify, replace, obscure, or otherwise interfere with the functioning of links to Radiant Earth Foundation or third-party websites provided in the Radiant Earth Foundation Content.

You may not use or otherwise export or re-export Radiant MLHub except as authorized by the laws of the jurisdiction in which Radiant MLHub was obtained. In the event that Radiant MLHub is added to the Department of National Defense’s Export Control List, Radiant MLHub may not be exported or re-exported except in compliance with the applicable legislation.

Limits on the use of Radiant MLHub and the Radiant Earth Foundation Content

Your use of Radiant MLHub and the Radiant Earth Foundation Content are subject to certain access, technical and use limitations which Radiant Earth Foundation shall notify you of from time to time. These limitations are hereby incorporated into the Terms of Service by reference. Radiant Earth Foundation may also set other limitations as required from time to time in general or for you specifically. If Radiant Earth Foundation suspects that you have or are attempting to exceed or circumvent the set limitations, we may temporarily or permanently block your access and/or use of Radiant MLHub and the Radiant Earth Foundation Content. Radiant Earth Foundation does monitor the use of Radiant MLHub on an on-going basis to improve Radiant MLHub and our services in general and to ensure compliance with the Terms.

Intellectual Property

The Radiant Earth Foundation trademarks, service marks names, logos and domain names (collectively, our “IP”), the Radiant Earth Foundation Content, and the look and feel of Radiant MLHub are our property. Subject to the Terms, Radiant Earth Foundation gives you a worldwide (except as limited below), non-exclusive, non-sublicensable, revocable license to display our IP solely for the purpose of promoting or advertising your authorized use of Radiant MLHub and the Radiant Earth Foundation Content in accordance with this Section and for the purpose of fulfilling your obligations under the Terms.

All right and title in and to the IP in or related to the Radiant Earth Foundation Content is and will remain the property of Radiant Earth Foundation, and your use of the Radiant Earth Foundation Content is subject to the Terms, including the End User License Agreement.

In using our IP, you must not:

Display our IP in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Radiant Earth Foundation, other than your use of Radiant MLHub and the Radiant Earth Foundation Content, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of, Radiant Earth Foundation or Radiant Earth Foundation personnel;

Display our IP in your Platform Implementation or on your site if your Platform Implementation or site contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under 21 years of age;

Display our IP as the most prominent element or the Radiant Earth Foundation logo as the largest logo (except as displayed in the image itself) in your Platform Implementation on any page of your website;

Use our IP to disparage Radiant Earth Foundation or our products or display our IP in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Radiant Earth Foundation;

Display our IP in your Platform Implementation or on a site that violates any law or regulation; or remove, distort or alter any element of our logo (this includes squeezing, stretching, inverting, discoloring, etc.).

Termination

You may terminate the License by discontinuing use of the Radiant ML Hub. Radiant Earth Foundation may terminate the License at any time for any reason, including for non-payment of fees. The License terminates automatically if (i) you violate any term of the Terms, (ii) Radiant Earth Foundation publicly posts a written notice of termination on our website, (iii) Radiant Earth Foundation sends written notice of termination to you, or (iv) Radiant Earth Foundation ceases providing access to the Radiant ML Hub to you.

The Terms shall remain in effect even after your account or the License is terminated. The Terms relating to intellectual property rights, trademarks and logos, indemnification, disclaimer, limitations of liability, governing law, miscellaneous and terms that by their nature are intended to survive a termination of your account or the License, shall survive any termination.

Upon termination (a) all rights and licenses granted to you under the Terms will immediately terminate; (b) you will immediately return or, if instructed by Radiant Earth Foundation, destroy all Beta Materials and Radiant Earth Foundation Confidential Information and any other confidential or proprietary information of Radiant Earth Foundation.

DISCLAIMER

SOME OF THE RADIANT MLHUB IS EXPERIMENTAL AND MAY NOT HAVE BEEN TESTED IN ANY MANNER. RADIANT EARTH FOUNDATION DOES NOT REPRESENT OR WARRANT THAT ANY PART OF THE RADIANT MLHUB IS FREE FROM INACCURACIES, ERRORS, BUGS, VIRUSES, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

THE RADIANT MLHUB IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, RADIANT EARTH FOUNDATIONDENIES AND REJECTS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE RADIANT MLHUB. WE DO NOT REPRESENT OR WARRANT THAT THE RADIANT MLHUB WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE RADIANT MLHUB OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE IMAGES, DATA, INFORMATION, MATERIALS OR ANY RADIANT EARTH FOUNDATIONCONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT FROM THE RADIANT MLHUB AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE. RADIANT EARTH FOUNDATION RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT AND OTHER ITEMS USED OR CONTAINED IN THE RADIANT MLHUB AT ANY TIME WITHOUT NOTICE. SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

RADIANT EARTH FOUNDATION WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT OR CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE RADIANT MLHUB, OR ANY CONTENT, EVEN IF, WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR ACCESS TO AND USE OF THE RADIANT MLHUB . YOUR ONLY REMEDY AGAINST US FOR ACCESS TO OR USE OF THE Radiant MLHub  IS TO STOP ACCESSING AND USING THE RADIANT MLHUB. THAT SAID, IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE RADIANT MLHUB OR ANY RADIANT EARTH FOUNDATION CONTENT, OUR LIABILITY SHALL NOT EXCEED THE GREATER OF USD $100.00 OR THE AGGREGATE FEES YOU PAID TO RADIANT EARTH FOUNDATION FOR ACCESS TO THE RADIANT MLHUB IN THE LAST YEAR WHICHEVER IS MORE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, agents, licensors and partners from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, lawyers’ fees, arising from or relating in any way to your use of Radiant MLHub, or any violation of the Terms, any law or the rights of any third party.

You will cooperate as fully as reasonably required in the defense of any claim. Radiant Earth Foundation reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that damages for improper use of Radiant MLHub may be irreparable; therefore, Radiant Earth Foundation is entitled to seek equitable relief, including but not limited to preliminary injunction and injunction, in addition to all other remedies.

Copyright Complaints

Radiant Earth Foundation respects the copyright and the intellectual property rights of others. We will try to promptly respond to and investigate any claim of yours that anything displayed or posted in Radiant MLHub infringes intellectual property rights others. We will take appropriate action under intellectual property laws to deal with infringement, including removing or disabling access to infringing content.

If you see anything in Radiant MLHub that you think is an infringement on other’s intellectual property rights, please submit your notice in writing with the subject line “Copyright Infringement” to support@radiant.earth and try to include a detailed description as you can of what you think the infringement is.

Miscellaneous

If any provision of the Terms is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and the Terms will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein.

The Terms, including any customized terms and conditions, agreed to for specialized accounts, constitute the entire agreement between you and us with respect to Radiant MLHub and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to Radiant MLHub.

Any headings or titles herein are for convenience only.

The official language of the Terms and all communications and agreements between us and you and any proceedings in connection with the Terms and/or your use of Radiant MLHub, exclusively shall be made in the English language and you waive any rights you may have under any other law to have the Terms written in another language, and any translation of the Terms will be for convenience only.

Radiant Earth Foundation’s performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms, including our Privacy Policy, is in derogation of our right to comply with law enforcement requests or requirements relating to your use of Radiant MLHub or information provided to or gathered by you with respect to such use.

You agree that Radiant Earth Foundation may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings.

Radiant Earth Foundation’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

The Terms may be assigned by Radiant Earth Foundation and will inure to the benefit of Radiant Earth Foundation, its successors, and assigns.

Governing Law

Any litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with Radiant MLHub must and will be venued exclusively in the United States. The Terms and the relationship between you and us will be governed by the laws of the State of Delaware, and the federal laws of the United States applicable therein, without giving effect to principles of conflict of laws of any jurisdiction.

If you have any questions about the Terms or otherwise want to contact us, please email us at support@radiant.earth

These terms of service were updated on April 24, 2020.