Spexi Geospatial Inc. (“Spexi,” "us", "we", or "our") operates the https://spexigeo.com website and the Spexi flight automation mobile application (hereinafter referred to as the "Service").
By accessing the website at https://spexigeo.com or using the Spexi flight automation mobile application, you are agreeing to be bound by these Terms of Service (the “Terms”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this site and the Service. The materials contained in this website are protected by applicable copyright and trademark law.
If you purchase any customized services through the Service, you will also be bound by any terms in your purchase order form.
2. Use License and Intellectual Property
- Permission is granted to temporarily download one copy of the materials (information or software) on Spexi Geospatial Inc's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Spexi Geospatial Inc's website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Spexi Geospatial Inc at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- You may choose to or we may invite you to submit comments or ideas about the Service, including but not limited to, about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Spexi Geospatial Inc. under any fiduciary or other obligation, and that we are free to use the Feedback without any compensation to you, and free to disclose the Feedback on a non-confidential basis or on any other basis, to anyone.
- Unless otherwise specified in another agreement between you and Spexi, Spexi Geospatial Inc. does not claim ownership of the data, materials and/or content created, uploaded or otherwise transmitted by you through use of the Service, including but not limited to reviews, photos, and comments (“User Content”). However, by using the Service, you grant Spexi Geospatial a worldwide, royalty-free, non-exclusive license to collect, use, reproduce, store, display and sublicense such User Content for the purpose of operating the Service.
In using the Service, you shall not:
- intentionally or unintentionally violate any of these Terms, or any local, state, provincial, national or international law or regulation, including without limitation using the capabilities of the Service to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone;
- license, sell, rent, lease, transfer, assign or otherwise commercially exploit the Service;
- upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- you do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service, any computer software or hardware or telecommunications equipment or data; or
- contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service;
- use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- “stalk” or harass any other user of our Service or collect or store any information about any other user other than for purposes of transacting with one another;
- register for more than one user account or register for a user account on behalf of an individual other than yourself;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Service;
- access or use the Website or Service for the purpose of copying any feature of the Website or Service or building a competitive product; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- The materials on Spexi Geospatial Inc's website are provided on an 'as is' basis. Spexi Geospatial Inc makes no warranties or conditions, expressed or implied, and hereby disclaims and negates all other warranties or conditions including, without limitation, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, Spexi Geospatial Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
You agree to defend, indemnify and hold Spexi Geospatial Inc., its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from: (a) any content you create, submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any dealings between you and any persons whom you send or otherwise transmit links or any content to using the Service, including without limitation claims relating to misrepresentation; (d) any violation by you of these Terms; (e) your violation of any rights of another, including any intellectual property rights or privacy rights; or (f) your violation of any contract you enter into with another user of the Service. This obligation shall survive the termination or expiration of these Terms and/or your use of the Service.
IN NO EVENT SHALL SPEXI GEOSPATIAL INC OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON SPEXI GEOSPATIAL INC'S WEBSITE, EVEN IF SPEXI GEOSPATIAL INC. OR A SPEXI GEOSPATIAL INC. AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPEXI GEOSPATIAL’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIVE HUNDRED CANADIAN DOLLARS ($500) OR (B) ALL FEES YOU’VE PAID IN THE 6 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
7. Accuracy of materials
The materials appearing on Spexi Geospatial Inc's website could include technical, typographical, or photographic errors. Spexi Geospatial Inc does not warrant that any of the materials on its website are accurate, complete or current. Spexi Geospatial Inc may make changes to the materials contained on its website at any time without notice. However, Spexi Geospatial Inc. does not make any commitment to update the materials.
Spexi Geospatial Inc has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Spexi Geospatial Inc of the site. Use of any such linked website is at the user's own risk.
Spexi Geospatial Inc may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
10. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of British Columbia and you irrevocably submit to the exclusive jurisdiction of the courts located in Vancouver, B.C.
- It is the express wish of the parties that this agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.