Terms of Use
Terms of Use
Disclaimer of Warranties
The on-line Digital Universe is provided "as is" without warranty of any kind, either expressed or implied, fitness for a particular purpose, or non-infringement. Descriptions of, or references to, products, publications or websites do not imply endorsement of those products, publications or websites
Neither the Digital Universe, Environmental Information Coalition, National Council for Science and the Environment and any Library or other third party, cataloging or providing access to the Earth Portal nor its sponsors, stewards, affiliates, and staff, shall be liable to you or any other party for any special, incidental, indirect or consequential damages of any kind arising out of or in connection with inaccuracies, errors, or omissions in the portals or webpages published in the Digital Universe or websites linked from the Digital Universe, whether or not advised of the possibility of damage, and on any theory of liability.
The Digital Universe is always under development, and changes may be made in the portals, webpages or links at any time. While the Digital Universe endeavors to ensure that the contents of the portals, webpages or links are accurate, there is no guarantee that the information contained therein is one-hundred percent free of error or omission of vital information.
Any advertisement that appears outside the control of the Digital Universe or on the personal portals within the control of the Digital Universe is the sole responsibility of the advertiser, and the Digital Universe does not endorse or warrant any product advertised or any statements made in any advertisements.
Indemnification
You will indemnify, defend, and hold the Digital Universe, Environmental Information Coalition, National Council for Science and the Environment and any Library or other third party, cataloging or providing access to the Earth Portal harmless from any third party lawsuit or proceeding brought against the Digital Universe based upon a claim that would constitute a breach of any warranty, representation or covenant made by You under the Terms of Use, including but not limited to any third party lawsuit or proceeding brought against the Digital Universe, Environmental Information Coalition, National Council for Science and the Environment and any Library or other third party, cataloging or providing access to the Earth Portal based upon a claim that the Content, Site, or Brand Features infringe any copyright, trade secret or trademark of the third party. Your indemnification will include (1) all attorneys’ fees and costs associated with the defense of such a claim, (2) all damages and costs finally awarded, and (3) the full cost of any settlement entered into by You. The Digital Universe shall (1) notify You of any such claim, (2) provide You with reasonable information, assistance and cooperation in defending the lawsuit or proceeding (to the extent requested by You), and (3) give You full control and sole authority over the defense and settlement of such claim. You will not enter into any settlement or compromise of any such claim without prior consent of the Digital Universe, which shall not be unreasonably withheld.
Limitation of Liability
The Digital Universe, Environmental Information Coalition, National Council for Science and the Environment and any Library or other third party, cataloging or providing access to the Earth Portal shall not be liable with respect to any subject matter of the terms of use or terms and conditions related thereto under any theory of liability including but not limited to contract, tort (including negligence) or otherwise for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages arising out of this agreement or the use of or inability to use the Digital Universe, including, but not limited to, loss of revenues, loss of profits, loss or inaccuracy or cost of procurement of substitute goods, service or technology. This limitation shall apply even if the Digital was or should have been aware or advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy stated herein. The parties agree that the foregoing limitations represent a reasonable allocation of risk under the terms of use. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Citation
Cutler Cleveland (Lead Author);Cutler Cleveland (Topic Editor) "Terms of Use". In: Encyclopedia of Earth. Eds. Cutler J. Cleveland (Washington, D.C.: Environmental Information Coalition, National Council for Science and the Environment). [First published in the Encyclopedia of Earth April 29, 2009; Last revised Date April 29, 2009; Retrieved February 9, 2012 <http://www.eoearth.org/article/Terms_of_Use>
The Author
Editor-in-Chief
The Encyclopedia of Earth Cutler J. Cleveland is the founding Editor-in-Chief of the Encyclopedia of Earth. Dr. Cleveland is currently a Professor in the Department of Geography and Environment at Boston University, with joint appointments in the Center for Energy and Environmental Studies and the Pardee Center for the Study of the Longer Range Future. He also is a Senior Fellow at the National Council for Science and the Environment in Washington D.C. Dr. Cleveland is als ... (Full Bio)
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