Fourth Environment, LLC ("Fourth Environment", "We", or “Us”) owns and operates http://www.placeology.ws (the "Site"). The Site is an interactive database of place-centric photography. It allows Users (as defined below) to upload, organize, store and search images of places, buildings and environments. The unique feature offered by the Site is the ability to search through this large database efficiently and find photos meeting precise criteria. The Site also offers Users the ability to access photos from any computer with an internet connection and a standards-compliant web-browser. The purpose of the Site is to serve as a premium educational and informational resource of utility to “built-environment” students and professionals, such as architects, planners, developers, and municipal staff persons.
"FOURTH ENVIRONMENT, LLC", the Fourth Environment logo, Placeology, the Placeology logo, the look and feel of the Site, and any other Product or Service names, logos or slogans of Fourth Environment and Placeology contained on the Site are trademarks belonging to Fourth Environment and may not be copied, imitated or used without its prior written permission.
This Terms of Service Agreement ("Agreement") sets forth the legally binding terms for your use of the Site. By using the Site, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse or use the Site, including through a mobile device, or otherwise use the Site without being registered), a "Member" (which means you have created a user account on the Site), or a “Subscriber” (which means that you have created an account and purchased a subscription plan for use of the Site) (The term "User" or “you” shall hereafter refer to Visitors, Members, and Subscribers). Please read this Agreement carefully and save it.
By registering, you represent and warrant that all information you provide in the registration form ("Registration Data") is complete and accurate. Fourth Environment reserves the right to refuse service to the Site to anyone at any time, with or without cause at its sole discretion. User agrees to keep your registered email addresses and other Registration Data current and complete, as We may send important notices about your account or the Services to that email account.
We offer several subscription plans which are subject to change without notice to Users. Current subscription offers may be found at http://www.placeology.ws/plans. Users may purchase subscription plans with VISA, MasterCard, Discover or American Express credit cards. We reserve the right to change the accepted payment methods at any time without notice. Subscribers agree to pay all applicable subscription fees and other charges in accordance with the particular subscription plan they select. If We are unable to process a payment using your credit card on file, We may, but are under no obligation to, email you using your email on file to ask whether you wish to use an alternative form of payment. We may terminate your Subscription, withhold upgrades to the Services, and take such other action as appropriate if We are unable to process your credit card payment and you do not provide an alternative form of payment. You agree to reimburse Fourth Environment for any and all costs incurred in collecting amounts owed by you to Fourth Environment for use of the Site, including, without limitation, attorneys' fees and costs of collection agencies.
Where applicable, a Member may upgrade its subscription at any time. In such an event, the member will receive a prorated credit for its existing subscription on upgrading to a higher level.
Subscriptions are for the term User selects when it subscribe unless the subscription is terminated and/or canceled by User or Fourth Environment prior to the end of such term. User may cancel its subscription through the account management page, or by sending an email to email@example.com that provides clear written notice of such request. We will then notify User of termination via email. A subscription is not terminated in this manner until User receives confirmation of termination from Us. Subscription fees are nonrefundable, and upon termination, cancellation or discontinuation of a Subscription for any reason, User will not receive a refund for any subscription fees or other amounts previously charged it, or for any unused portion of its payment.
You represent and warrant that: (a) you own all of the rights (or have ownership rights) to the images (hereafter referred to as “User Content") that you upload, post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted in section 6.3 et seq.; (b) use and posting of the User Content you supply does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity; © the posting and use of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person; and (d) the posting of your User Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of User Content you post on or through the Site.
If you believe that any material on the Site infringes upon any copyright that you own or control, please file a notification of such infringement with our Designated Agent as set forth below.
Fourth Environment/the Site does not claim any ownership rights in the text, files, images, photos, or any other materials that you post on or through the Site; you retain ownership and copyright in any User Content you post on the Site.
By posting User Content to the Site you grant Fourth Environment/the Site a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such User Content.
In addition, you grant Users of the Site a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such User Content, subject to the following conditions:
6.3.1 Users of User Content are required to credit (attribute) the original owner of all content obtained through the site in all uses of the Content.
6.3.2 User Content may be used for informational and educational purposes only. Informational purposes include display or presentation by professionals in built-environment professions, but DO NOT include advertising, marketing or promotional uses, except for the specific rights reserved by Fourth Environment/the Site as described in Section 6.3, and other commercial uses. Furthermore, educational purposes do not include creation of educational materials for sale or for receipt of consideration or value. The online redistribution (including online display, archiving etc) of “substantially unimproved” high resolution images shall be considered commercial use (and in violation of these terms of service).
6.3.3 Permission for commercial use of User Content must be obtained from the original owner. Fourth Environment/the Site does not broker or otherwise arrange licenses for commercial use of User Content posted on the site, and such rights may only be obtained by the express written agreement of the Content Owner(s).
User agrees that the license granted by each Content Owner is a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such User Content, subject to conditions listed in 6.3 et seq. User hereby agrees to be bound by this license. This license shall also be binding on persons in possession of images obtained from/through the Site.
Furthermore, User agrees not to organize, redistribute or otherwise use User Content obtained from or through the Site for purposes for which the Site was created, including storage, organization and retrieval of images of places, buildings and environments, without permission of the Content Owner.
Fourth Environment endeavors to protect Users’ intellectual property rights. User understands, however, that neither Fourth Environment/the Site is responsible for enforcing Users’ intellectual property rights. Moreover, Fourth Environment/the Site is not liable for Users’ violation of intellectual property rights.
Fourth Environment/the Site links individuals’ respective usernames and passwords (together referred to as “login information”) to specific accounts. The login information determines the benefits a User would be granted. By using this site, User agrees not to share login information with individuals and parties outside itself.
If you remove your User Content from the Site, We will cease distribution as soon as practicable. However, Fourth Environment is not responsible for Users’ use of User Content obtained prior to the Site ceasing distribution. Fourth Environment Site are not obligated to reclaim User Content already distributed Users prior to User’s removal of an image.
Some of the Site’s services may be supported by advertising revenue and may display advertisements and promotions. You hereby agree that Fourth Environment may place such advertising and promotions on the Site or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
Although Fourth Environment will normally only delete User Content that violates this Agreement, Fourth Environment reserves the right to delete any User Content for any reason, without prior notice. Consequently, Fourth Environment encourages you to maintain your own backup of your User Content as the Site is not a backup service.
Fourth Environment Site will not be liable to you for any modification, suspension, or discontinuation of the its services, or the loss/deletion of any User Content. Furthermore, deleted User Content (deleted by either User or Us) may be stored by Fourth Environment in order to comply with legal obligations and is not retrievable without a valid court order.
Moreover, although We have no obligation to screen, edit or monitor any of the User Content posted on the Site, it reserves the right, and has absolute discretion, to remove, screen or edit any User Content hosted on the Site at any time and for any reason without notice.
In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Our systems and customers, or to ensure the integrity and operation of Our business and systems, We may access and disclose any information from your account We consider necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted content. By using the Site, you consent to such disclosure and agree that Our right to disclose any such information as described above shall govern over any contrary terms in any agreement or policy of Fourth Environment/the Site.
We may modify or amend this Agreement without notice at any time and such modification will be effective upon posting on the Site. Your continued use of the Site after We post a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Fourth Environment reserves the right at any time, in its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the Hosting Services, or portions thereof; and the Subscriptions and subscription plans, including making changes to any policies, features and terms applicable thereto. If the Hosting Services, or any part thereof, to which you subscribe are permanently discontinued or canceled by Fourth Environment, your Subscription will terminate, and We will have no further liability to you. In addition, there may be occasions when the Hosting Services are interrupted such as for maintenance, upgrades, system or equipment failure or otherwise. FOURTH ENVIRONMENT WILL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE HOSTING SERVICES FOR ANY REASON, OR FOR ANY LOSS OF OR INABILITY TO ACCESS ANY PHOTOS OR OTHER MEDIA OR MATERIALS HOSTED ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR MAKING AND SAFEKEEPING BACKUP COPIES OF PHOTOS OR OTHER MEDIA OR MATERIALS YOU POST TO THE SITE.
THE SITE, THE SITE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FOURTH ENVIRONMENT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, AND THE SERVICES. WE DO NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM FOURTH ENVIRONMENT OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. FOURTH ENVIRONMENT ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON.
In using the Site, you must comply with all applicable local, state, national and international laws and regulations. Furthermore, these Terms of Service and your use of the Site shall be governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state and federal courts located in Harris County, Texas and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service.
If any provision of these Terms of Service shall be deemed invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
By using this Site, you agree to indemnify Fourth Environment for any damages and costs it incurs as a result of your breach of this agreement. Furthermore, you agree to reimburse Fourth Environment for expenses, including attorney fees, incurred in enforcing its rights under this contract.
User agrees that should Fourth Environment refuse to enforce its rights under this contract, its actions will not be construed as a waiver of its rights under the contract.
User, hereby, waives its remedies available in law and equity and agrees that should Fourth Environment ever be found liable for its provision of services or under this contract, to the extent permitted by law, its sole remedy against Fourth Environment shall be for the value of User’s subscription fee to the Site.