Terms of Service

Effective Date 16 May 2024

1.1. The user ("You",  "Your") agrees to and is bound by these Terms of Service set out below and in any modified or additional Terms that Soar.Earth Ltd and any related entity (together "Soar", "We", "Us", "Our") may publish from time to time (collectively, the "Terms")
1.2. We operate through our website located at https://soar.earth and the Soar mobile app (together referred to as the “Site”) which includes text, images, audio, code and other materials (collectively, the “Content”) and all the features, and services provided. The Site, and any other features, tools, materials, or other services offered from time to time by Soar are referred to here as the “Service.”
1.3. Your access and use of the Site will be subject to the current version of the Terms, rules and guidelines posted on the Site at the time of such use.
1.4. If You do not agree to these Terms, do not access or use this the Site.

2. General Terms
2.1. You accept Our use of any data collected by Us about Your use of the site under the  Privacy Policy
2.2. You must be at least 13 years old to use the Service or have the permission of a parent or guardian.
2.3. You may not post violent, nude, partially nude, discriminatory,  unlawful, infringing, hateful, pornographic or sexually suggestive  content via the Service.
2.4. You are responsible for any activity that occurs through your  account.
2.5. You agree you will not sell, transfer, license or assign any account or rights without Our express written permission.
2.6. You understand and agree that We are not responsible for the  Content posted on the Service and you use the Service at your own risk.
2.7. You may not use the Service for any illegal or unauthorised  purpose.
2.8. You agree to comply with all laws, rules and regulations (for  example federal, state and local) applicable to your use of the Service  and your Content (see below), including but not limited to, copyright  laws.
2.9. You must not attempt to change, modify, adapt or alter the Service  or change, modify or alter another website to falsely imply that it is associated with the Service or Us
2.10. You must not interfere or disrupt the Service or servers, or  networks connected to the Service, including by transmitting any worms,  viruses, spyware, malware, or any other code of a destructive or  disruptive nature.
2.11. You may not inject content or code or otherwise alter or interfere  with the way any Soar page is rendered or displayed in a user's browser  or device.
2.12. You must comply with any Community Guidelines provided by Us.
2.13. You must not attempt to restrict another user from using or  enjoying the Service and you must not encourage or facilitate violations  of these Terms or any other terms related to the site and/or third party content.
2.14. Violation of these Terms or any Community Guidelines may, in Our sole discretion, result in blocking Your access to the Service.
2.15. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.
2.16. To use the some of the Services, you will be required to:

2.16.1.  Create an account.
2.16.2. Submit a valid email address.
2.16.3. Create a username.

2.17. You can deactivate your Soar account at any time via the Account Settings tab in the Dashboard. Once deactivated:

2.17.1.  Your account may not be able to be reactivated in the future.
2.17.2. We may continue to retain, but not display, any User Content uploaded by You and any records related to your account to comply with legal  requirements or in the case of a dispute.
2.17.3. You may continue to use features of the site that do not require an account.

2.18. Upon termination  of your access to the Site, all licenses and other rights granted to you  in these Terms will cease immediately.
2.19. We reserve the right to refuse access to the Service to anyone for any reason at any time.
2.20. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms.
2.21. You are solely responsible for Your interactions with other Users  of the Service, whether online or offline. You agree that We are not responsible or liable for the conduct of any User.
2.22. We reserve the right, but has no obligation, to monitor or become involved in disputes between You and other Users.
2.23. You agree that You are responsible for all data charges You incur  using the Service.  
2.24. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, except as may be the result  of standard search engine protocols or technologies used by a search  engine with Our express written consent.

3. User Content
3.1. “User Content” is content that is submitted to the platform by you, published on the Service and made available for viewing, downloading or purchase by other users and includes:

3.1.1. Digital images in any format.
3.1.2. Video images in any format, including any associated audio content.
3.1.3. Maps, both 2 Dimensional (2D) or 3 Dimensional (3D) in any format.
3.1.4. Any other image-based content in any format.

3.2. User Content does not include “Third Party Content” which is covered in clause 5 below.
3.3. Content you upload will be shared under Creative Commons 4.0 (CC –BY 4.0) For details on this, You should refer to the Creative Commons website at https://creativecommons.org/

3.3.1. You may freely upload and share Public Domain content on Soar, but we require that You provide a source if you did not create the Content.

3.4. For works that do not have a Public Domain or Creative Commons License, You warrant that:

3.4.1. You own and / or are the creator of the User Content posted by You through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms.
3.4.2. The posting and use of Your User Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or any form of other intellectual property rights
3.4.3. You agree to pay for all royalties, fees, and any other monies owed by reason of Use Content You post on or through the Service;
3.4.4. You have the legal right and capacity to agree to these Terms in your jurisdiction. and
3.4.5. any User Content provided by You and uploaded to the Service was collected legally under any regulatory requirements in force at the time or with all required permissions.

3.5. You bear legal responsibility for any User Content submitted by You that is accessible through the Service.
3.6. You agree:

3.6.1. To grant the license terms for any User Content made available by You through the Service and will be solely responsible for the monitoring of the use or misuse of any User Content provided by You.
3.6.2. To grant Us an unlimited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from User Content for the purpose of allowing us to edit and display User Content using the Site, promotion of the Site and Services, and archiving or preserving Your Content for disputes, legal proceedings, or investigations.  

3.7. We reserve the right to remove any User Content from the Service for any reason, without prior notice. User Content removed from the Service may continue to be stored by Us, including, without limitation, to comply with any legal obligations, but may not be retrievable without a valid court order.
3.8. Subject to this clause 3, any content submitted by You to Us may:

3.8.1. undergo a moderation process prior to publication.
3.8.2. be rejected due to unsuitability under the Soar Community Guidelines
3.8.3. be permanently deleted by us after 30 days post-rejection if any requested changes are not made to the original post.

3.9. We are not a backup service, and You agree that You will not rely on the Service for the purposes of User Content backup. We take no responsibility for the storage or retention of any original images uploaded to the Service.
3.10. We will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
3.11. You acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
3.12. You agree that We are not responsible for, and do not endorse, Content posted through the Service.
3.13. We do not have any obligation to pre-screen, monitor, edit, or remove any Content.   

4. Sharing and using other’s User Content
4.1. User and third-party content on Soar may be subject to intellectual property protections, such as copyright as well as Creative Commons and Public Domain licenses. You are responsible for the use of any content available from Soar.
4.2. Subject to the license conditions, outlined in Clause 3 above, You may make derivate works or other modifications of the User Content available on Soar.
4.3. You agree to pay for all royalties, fees, and any other monies owed by reason of Use Content You acquire or use through Service in the breach of any license granted by the creator or license holder of any User Content.
4.4. User Content hosted on the Service may be visible on third party applications and may be used within these third-party applications.

4.4.1. These copies of the User Content on the Service used on these applications may be provided as extracts or lower resolution copies of the original Content.
4.4.2. If You use Content obtained through the Service, you are solely responsible for compliance with the license conditions or intellectual property protections applicable to the Content that you use.
4.4.3. You indemnify Soar to the maximum extent permitted by law for any use or misuse by and / or any infringement of the intellectual property rights or licenses of User Content You have obtained from Soar and used in any third-party application.

5. Third party content and licenses
5.1. We may make available Content that is provided by third parties (together “Third Party Content ”), which may be made available through the Service.
5.2. We do not guarantee the availability of any Third-Party Content through the Service as availability is beyond Our control  and  may be restricted or blocked due to your location.
5.3. Third Party Content may include but is not limited to:

5.3.1.  Base map images provided as part of the platform.
5.3.2. Image or map content viewed, purchased or downloaded through the platform from a third party service and includes but is not limited to: Satellite image content Aerial image content Static or dynamic map content Other image content from any other source

5.3.3. Information on satellite orbits
5.3.4. Weather information, and
5.3.5. Third party services offered though the platform.

5.4. Third Party  Content provided through the Site is each governed by license terms as  set out by the third party that owns or created the content.
5.5. The use of Third-Party Content is governed by license conditions separate from those for User Content as outlined above.
5.6 A list of third-party licenses for content are listed as follows:

• SkyMap50,

6. Soar Content
6.1. The Service contains content owned or licensed by Us  ("Soar Content "). Soar. Content is protected by copyright,  trademark, patent, trade secret and other laws, and We or the  licensor owns and retains all rights in the Soar Content and the  Service. You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Soar Content.  
6.2. You will not  reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or  otherwise exploit the Soar Content without our express written permission other than on a fair use basis.
6.3. The Soar name and logo are trademarks of Soar, and may not be copied, imitated, or used,  in whole or in part, without Our prior written permission.
6.4. All page headers, custom graphics, button icons and scripts are service marks and/or trademarks of Soar (whether formally registered or otherwise) and may not be copied, imitated, or used, in whole or in part, without Our prior  written permission.

7. Purchasing of User or Third Party Content
7.1. As a Purchaser, when purchasing  any Content via the Site, you agree  that:

7.1.1. The purchase is for a license for the Content, You do not own the Content as outlined in these Terms.  
7.1.2. Any purchase of the license for the Content from the Service is an agreement between You and entity who has originally provided the Content and is governed by the licensing terms set out in these Terms or via the Content owners End User License Agreement (EULA).
7.1.3. You accept  the content “as is ”and without warranty of merchantability, fitness  for purpose, non-infringement, title, custom, trade, quiet enjoyment, and free from computer virus.
7.1.4. Unless  otherwise specified You will abide by any license conditions for the  use of any User Content or Third-Party Content purchased by You.

7.2. Your payment will be processed at the time of placement of the order.

8. Use of Soar Draw and Soar Stoaries features
8.1 You may utilize these features to create maps or other informational content for Yourself or to share with others only through the use of a registered account.
8.2 Your use of these features to create content which includes User Content created by others or Third-Party Content is subject to the licensing and use conditions of Clauses 3 and 4 of these Terms.
8.3 Any content You create will not be moderated by Soar and You are solely responsible for the creating and dissemination of any content created by You using these tools.
8.4 Any content created by You using these features which breaches these Terms may result in action by Us including:

• Editing of the content.
• Removal of the content
• Suspension or banning of Your account.

9. Payment for services on Soar.Earth
9.1. Some services available through the Site are paid services and You agree that:

9.1.1. Where the Service is a subscription and this extends beyond the first period of payment, Your subscription will be automatically renewed unless cancelled prior to its expiry.
9.1.2. Any Service or subscription may be cancelled by You at any time.
9.1.3. You will be able to access that subscription Services up until the time at which any previous payment amount expires.
9.1.4. We are not liable to provide a refund on any non-use of any feature or service.

10. Replacements and refunds
10.1. If you purchase Content on the Service that is:

• Faulty.
• Does not match what has been described or shown; or
• Is not within the stated specification provided by the Supplier

You are entitled to a replacement of equivalent value or if We are unable to provide a replacement You may be entitled to a refund.
10.2. The right to a replacement or refund does not apply if:

• You got what You asked for but You simply changed Your mind;
• Found it cheaper somewhere else;
• Were aware of the relevant issue before buying the product (e.g. level and location of cloud in an archive image);
• Decided You did not like the purchase; or
• Had no use for it.

11. Third party services
11.1. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
11.2. There may be links from the Service, or from communications you receive from the Service to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes Third-Party Content that we do not control, maintain or endorse.
11.3. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature.
11.4. We do not control any of these third-party web services or any of their content. You expressly acknowledge and agree that We are in no way responsible or liable for any such third-party services or features.

12. Reporting Copyright and Other IP Violations
12.1. If you see User Content on the Service of which you are the rightful owner and it has not been posted by you, you have the right to inform Us of the infringement of your rights.
12.2. To report a Content violation to us by either using the "Report Map" feature located at the top right hand part of the map description or by emailing [email protected] and using the phrase ‘Copyright content violation’ in the email subject header and provide the following information:

12.2.1. Your name
12.2.2. Your contact details including physical and email addresses
12.2.3. A screenshot or other evidence identifying the allegedly infringing content including the URL of the image or content that you believe violates copyrights
12.2.4. Evidence that you are the owner of the rights to that Content including, if possible, a copy of the original Content.

12.3. We take no responsibility for the posting of third-party content and you agree that, if any infringement allegation is proven, then Our sole remedial action will be the removal of the infringing content.

13. Disclaimer of Warranties
13.1. The Service, including, without limitation, Soar Content, is provided on an "as is ", "as available "and "with all faults "basis.
13.2. Some or all features available through the Service may not be available in your region due to various factors and We do not guarantee access to the Service.
13.3. To the fullest extent permissible by law, neither We nor any of Our employees, managers, officers or agents make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to:

13.3.1. The Service
13.3.2. The Soar Content
13.3.3. User Content
13.3.4. Third Party Content; or
13.3.5. Security associated with the transmission of information to, from or via the Service.

13.4. In addition, We hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
13.5. We do not represent or warrant that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses.
13.6. We do not make any representations or warranties that the information on the Service is accurate, complete, or useful. You acknowledge that Your use of the Service is at Your sole risk.
13.7. We do not warrant that Your use of the Service is lawful in any particular jurisdiction, and specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to You to the extent such jurisdiction's law is applicable to You and these Terms.
13.8. By accessing or using the Service, You represent and warrant that Your activities are lawful in every jurisdiction where You access or use the Service.
13.9. We do not endorse Content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.

14. Limitation of liability; waiver
14.1. Under no circumstances will We be liable to You for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to:

14.1.1. The Service
14.1.2. The Soar Content
14.1.3. User Content
14.1.4. Third Party Content
14.1.5. Any action taken in connection with an investigation by Us or law enforcement authorities regarding Your or any other party's use of the service
14.1.6. Any action taken in connection with copyright or other intellectual property owners
14.1.7. Any errors or omissions in the Service 's operation; or
14.1.8. Any damage to any user 's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction; including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if We have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the service).

14.2. In no event will We be liable to You or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. In no event will Our total liability to You for all damages, losses or causes or action exceed one hundred United States Dollars (USD 100.00).
14.3. You agree that in the event You incur any damages, losses or injuries that arise out of Our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle You to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by Us, and You will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by Us.
14.4. We are not responsible for the actions, content, information, or data of third parties, and You release Us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim You have against any such third parties.

15. Indemnity
15.1. You (and also any third party for whom You operate an account or activity on the Service) agree to defend (at Our request), indemnify and hold Us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney 's fees and costs, arising out of or in any way connected with any of the following (including as a result of Your direct activities on the Service or those conducted on Your behalf):

15.1.1. Your User Content or your access to or use of the Service
15.1.2. Your breach or alleged breach of these Terms
15.1.3. Your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right
15.1.4. Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
15.1.5. Any misrepresentation made by You.

15.2. You will cooperate as fully required by Us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by You, and You will not in any event settle any claim without Our prior written consent.

16. Time Limitation on Claims
16.1. You agree that any claim you may have arising out of or related to Your relationship with Us must be filed within one (1) year of the cause of such a claim arising; otherwise, Your claim is permanently barred.

17. Governing Law and & Venue
17.1. These Terms are governed by and construed in accordance with the laws of Western Australia, without giving effect to any principles of conflicts of law.
17.3. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.
17.4. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
17.5. We reserve the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment.17.6. This dispute resolution provision will survive the termination of any or all of Your transactions with Us.

18. Entire Agreement
18.1. If you are using the Service on behalf of a legal entity, You represent that You are authorized to enter into an agreement on behalf of that legal entity.
18.2. These Terms constitute the entire agreement between You and Us and governs Your use of the Service, superseding any prior agreements between You and Us.
18.3. You will not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Our prior written consent.
18.4. Any purported assignment or delegation by You without Our prior written consent will be null and void.
18.5. We may assign these Terms or any rights hereunder without your consent.
18.6. Neither the course of conduct between the parties nor trade practice will act to modify the Terms.
18.7. These Terms do not confer any third-party beneficiary rights.

19. Territorial Restrictions
19.1. The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Us to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in Our sole discretion, and to limit the quantities of any content, program, product, service or other feature that We provide.
19.2. Software related to, or made available by, the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department 's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.