(“Services”) are provided by Klokan Technologies GmbH (“Klokan”), located
Höfnerstrasse 96, 6314 Unterägeri, Switzerland.
By using our Services, you are agreeing to these terms.
Using our Services
Don’t misuse our Services. For example, don’t interfere
with our Services or try to access them using a method other than
the interface and the instructions that we provide. You may use our
Services only as permitted by law, including applicable export and re-export
control laws and regulations. We may suspend or stop providing our Services
to you if you do not comply with our terms or policies or if we are
investigating suspected misconduct.
Using our Services does not give you ownership of any
intellectual property rights in our Services or the content you access.
You may not use content from our Services unless you obtain permission
from its owner or are otherwise permitted by law. These terms do not grant
you the right to use any branding or logos used in our Services. Don’t
remove, obscure, or alter any legal notices displayed in or along with
Our Services display some content that is not Klokan’s.
This content is the sole responsibility of the entity that makes it available.
We may review content to determine whether it is illegal or violates our
policies, and we may remove or refuse to display content that we reasonably
believe violates our policies or the law.
In connection with your use of the Services, we may
send you service announcements, administrative messages, and other
information. You may opt out of some of those communications.
Your Georeferencer Account
You may need a Georeferencer, Google, Twitter, or Facebook Account
to use our Services. You may create your own Georeferencer Account. You are
responsible for the activity that happens on or through your Georeferencer Account.
Privacy and Copyright Protection
Using our Services, you agree that Klokan can use such data according
to our privacy policies. We respond to notices of alleged copyright
infringement and terminate accounts of repeat infringers according to the process
set out in the U.S. Digital Millennium Copyright Act. If you think somebody
is violating your copyrights and want to notify us, please contact us at
Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive
content. You retain ownership of any intellectual property rights that you hold
in that content. In short, what belongs to you stays yours. When you upload,
submit, store, send or receive content to or through our Services, you give Klokan
(and those we work with) a worldwide license to use, host, store, reproduce,
modify, create derivative works (such as adaptations or other changes we make so
that your content works better with our Services), communicate, publish, publicly
perform, publicly display and distribute such content. The rights you grant
in this license are for the limited purpose of operating, promoting, and improving
our Services, and developing new ones. This license continues even if you stop
using our Services. Ensure you have the necessary rights to grant us this
license for any content that you submit to our Services.
If you have a Georeferencer Account, we may display your Profile name and
actions you take on Georeferencer or on third-party applications connected to
your Georeferencer Account in our Services.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove
functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time. Klokan may also stop providing
Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is
important. If we discontinue a Service, where reasonably possible, we will give
you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
The service is provided “as is.” To the extent
permitted by law, we exclude all warranties.
Liability for our Services
When permitted by law, Klokan, and Klokan’s suppliers and distributors, will
not be responsible for lost profits, revenues, or data, financial losses, or
indirect, special, consequential, exemplary, or punitive damages. To the extent
permitted by law, the total liability of Klokan, and its suppliers and
distributors, for any claims under these terms, including for any implied
warranties, is limited to the amount you paid us to use the services.
In all cases, Klokan, and its suppliers and distributors, will not be liable
for any loss or damage that is not reasonably foreseeable.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts
these terms. It will hold harmless and indemnify Klokan and its employees from
any claim, suit, or action arising from or related to the use of the Services
or violation of these terms, including any liability or expense arising from
claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to,
for example, reflect changes to the law or changes to our Services. You should
look at the terms regularly. We’ll post notice of modifications to these terms
on this page. We’ll post notice of modified additional terms in the applicable
Service. Changes will not apply retroactively and will become effective no sooner
than fourteen days after they are posted. If you do not agree to the modified
terms for a Service, you should discontinue your use of that Service.
These terms control the relationship between Klokan and you. They do not create
any third-party beneficiary rights. If you do not comply with these terms, and
we don’t take action right away, this doesn’t mean that we are giving up any
rights we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect
any other terms.
The laws of Switzerland will apply to any disputes arising out of or relating
to these terms or the Services. The place of jurisdiction for all disputes
between the parties shall be Baar/Zug, Switzerland.