GeoEye ("GeoEye", "we", "us" and the like) is pleased to bring you the latest news
and information regarding our products and services. We hope you find this Web site
useful and enjoyable. But before you use this Web site, we want to alert you to
PLEASE READ THIS CAREFULLY. This is a legal agreement ("Agreement"). It sets forth
your rights and responsibilities and the terms and conditions that govern your use
of this Web site and its associated services (collectively, the "Site"). If you
do not understand any of the terms set forth below, send us an e-mail at
, and we will try to answer any questions you may have. By using the Site, you indicate
your acceptance of and your agreement to be legally bound by the terms of this Agreement,
without modification. From time to time, GeoEye may alter, amend, update, and revise
to remain apprised of any such changes. BY CONTINUING TO USE THE SITE, YOU INDICATE
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AS THEY MAY BE AMENDED FROM TIME TO
TIME. If you object to or do not want to be legally bound by this Agreement, you
are not permitted to access or use the Site. It is our hope that by understanding
the terms and conditions under which this Site is offered, you can keep your online
experience with us safe and rewarding.
1. Grant of License to Use Site
1.1 Granting of Licenses for Non-Commercial Use.
This Site is offered for only non-commercial, personal use by you, the "user." GeoEye
grants you a non-exclusive, non-transferable, revocable, royalty-free license to
view and use the Site. You understand and acknowledge that the Site and the content
contained therein are the sole property of GeoEye, and you shall not challenge or
contest GeoEye's or its Partners' ownership of any content, copyrights, trademarks,
or service marks included on the Site. Subject to the foregoing license, nothing
herein shall grant you any right, title, or interest in GeoEye's or its Partners'
content, copyrights, trademarks, or service marks. The use of GeoEye's and its Partners'
content, copyrights, trademarks, or service marks shall inure solely to the benefit
of GeoEye and its Partners, respectively.
1.2 Fair Use of Copyrighted Materials.
Notwithstanding Section 1.1, you are permitted to download and copy the content,
as it appears on the Site, for personal use only, provided that you maintain all
copyright and other notices contained therein. Copying, storing, or distributing
any GeoEye or Partner material for other than personal use is expressly prohibited
without prior written permission from GeoEye and/or the appropriate Partner.
2. Copyright and Trademark Notices
All content, graphics, audio, video, software, and other materials available via
the Site, and the compilation of such materials (including, for example, postings
and collections of links to other Internet resources, and the descriptions of those
resources that are contained within or made available via the Site) (collectively,
the "Materials" or "Content"), are the property of GeoEye and/or its suppliers and
licensors, and are protected by U.S. copyright and other intellectual property laws
and international treaties. The Materials may not be copied without the express
written permission of GeoEye. Unauthorized use of the Site or the Materials may
violate copyright, trademark, and other intellectual property laws and/or proprietary
rights laws, and may subject you to criminal and/or civil liability. The Site (including
the Materials) is available for informational and non-commercial uses only. Re-use
or re-sale of the Site (or any part thereof) for any purpose is strictly prohibited.
2.2 "Spidering" and Downloading the Site Is Prohibited.
Do not copy or adapt the HTML or other code or software that GeoEye uses to generate
pages. Such materials are also covered by GeoEye‘s copyrights and other intellectual
property rights. THE USE OF SPIDERING TOOLS OR SIMILAR PRODUCTS TO DOWNLOAD ANY
OF THESE PAGES INFRINGES ON GeoEye's COPYRIGHTS. DO NOT USE SUCH PRODUCTS OR TOOLS
ON THIS SITE.
"GeoEye" and "GeoEye.com" are trademarks of GeoEye. All other logos, product trademarks,
and service marks contained on the Site are the trademarks of their respective owners.
The "look" and "feel" of the Site are also GeoEye's trademarks and intellectual
property materials. This includes GeoEye's color combinations, button shapes, layout,
and all other graphical and navigational elements.
2.4 Third-Party Copyright Notices.
The Site contains logos, product trademarks, and service marks of a variety of different
companies and other third parties ("Partners"). Partners are the sole and exclusive
owners of their respective trademarks and content appearing on the Site. GeoEye
makes no claim to any third-party materials available on or through the Site, including
claims as to their accuracy, completeness, or timeliness, such being the responsibility
of the provider. Such materials may also be protected under U.S. law and international
agreements and may not be copied, distributed, or sold without the advance written
permission of the respective copyright holders.
2.5 Copyright Complaints
GeoEye reserves the right to remove or disable access to any content or other materials
that violate or allegedly infringe on a party's copyright or other intellectual
property rights. If you believe that your work has been copied and is accessible
on the Site in a way that constitutes copyright infringement, you may notify us
by providing our copyright agent the following information:
An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest; a description of the copyrighted work that
you claim has been infringed, including the URL (i.e., Web page address) of the
location where the copyrighted work exists or a copy of the copyrighted work; identification
of the URL or other specific location of the material that you claim is infringing
your copyright or intellectual property; your address, telephone number, and e-mail
address; a statement by you that you have a good-faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; a statement
by you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or are authorized to act on the
copyright owner's behalf. Our agent for notice of claims of copyright infringement
on the Site can be reached as follows:
2325 Dulles Corner Boulevard
Herndon, Virginia 20171
3. Downloading of Software and Imagery from the Site
3.1 Software/Imagery Subject to License Agreement.
Any software and/or imagery that is made available for download from this Site (individually
and collectively, "Software/Imagery") is the copyrighted work of GeoEye and/or its
suppliers. Use of the Software/Imagery is governed by the terms of the applicable
end-user license agreement, if any, that accompanies or is included with the Software/Imagery
("License Agreement"). An end user will not be able to install any Software/Imagery
that is accompanied by or includes a License Agreement unless he or she first agrees
to the terms and conditions of the relevant License Agreement.
3.2 Reproduction and Distribution.
The Software/Imagery is made available for downloading solely for use by the end
user according to the License Agreement. Any reproduction or distribution of the
Software/Imagery not in accordance with the License Agreement is expressly prohibited
by law, and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING
OR REPRODUCTION OF THE SOFTWARE/IMAGERY TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH
3.3 WARRANTY INFORMATION.
THE SOFTWARE/IMAGERY IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, GeoEye HEREBY DISCLAIMS
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE/IMAGERY, INCLUDING IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
3.4 Restricted Rights Legend.
Any Software/Imagery that is downloaded from this Site for or on behalf of the United
States of America, its agencies and/or instrumentalities ("U.S. Government"), is
provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government
is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights
in Technical Data and Computer Software clause at DFARS252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software – Restricted Rights as 48 CFR
52.227-19, as applicable. Manufacturer is GeoEye, 2325 Dulles Corner Boulevard,
Herndon, Virginia, 20171.
4. Right To Add, Change, or Discontinue Content
GeoEye reserves the right to add, change, substitute, discontinue, remove, or cancel
any particular content, features, promotions, and/or functionality offered through
the Site at any time or to discontinue the Site (or any part thereof) at any time.
GeoEye shall not be liable to you in damages or otherwise for any such changes.
5. No Reliance on Forward-Looking Information
Our Site contains information that includes or is based upon forward-looking statements
within the meaning of the federal securities laws, specifically the Private Securities
Litigation Reform Act of 1995. Forward-looking statements give our expectations
or forecasts of future events. You can identify these statements by the fact that
they do not relate strictly to historical or current facts. They typically use words
such as "anticipate," "estimate," "expect," "project," "intend," "plan," "believe,"
and other similar words. Any or all of our forward-looking statements contained
in our Site or in other publications, including our filings with the U.S. Securities
and Exchange Commission ("SEC"), may turn out to be wrong. Forward-looking statements
can be affected by inaccurate assumptions or by known or unknown risks and uncertainties.
Many such factors will be important in determining our actual future results. Consequently,
the accuracy of our forward-looking statements cannot be guaranteed. Our actual
results may vary materially, and there are no guarantees about the performance of
our company. These risks, uncertainties, and factors include, among others, our
ability to raise additional capital, the potential for delays in the launch and
commercial operation of our satellites, our dependence on one primary supplier,
and our ability to compete successfully and gain market acceptance of our products
and services. The forward-looking statements on our Site are and will be based on
Management's then-current views and assumptions regarding future events and operating
Given these uncertainties, you should not place undue reliance on our forward-looking
statements. You should see our SEC filings for more information on these and other
factors besides those listed here that could also adversely affect us.
We do not undertake any obligation to publicly release any revisions to any forward-looking
statements to reflect changes in events, circumstances, or expectations or to reflect
the occurrence of unanticipated events after the date on which such statement is
made. New factors emerge from time to time, and it is not possible for Management
to predict all such factors, nor can we assess the effect of each such factor on
our business or the extent to which any factor, or combination of factors, may cause
actual results to differ materially from those indicated by such forward-looking
6. Disclaimer of Warranties
6.1 Online Materials Subject to Errors.
You acknowledge and agree that data entry, communication, and storage are subject
to a possibility of human and machine errors, omissions, delays, and losses. GeoEye
undertakes no liability for any such errors, omissions, delays, or losses.
6.2 Disclaimer of Liability for Third-Party Links.
The Site contains links to the Web sites of its Partners and other third parties
over whom it exercises no oversight or control. Users are cautioned to use care
in linking to any Web site and to take appropriate steps to protect the integrity
of their data and their personal safety and privacy. Users should consult with the
terms of service and privacy policies of these Web sites before entering. GeoEye
assumes no liability for any damages sustained in third-party Web sites as a result
of links that appear on the Site and is not responsible for webcasting or any other
form of transmission received from any linked Web site.
6.3 Views Expressed Not Necessarily Those of GeoEye.
The Site contains material provided by its various Partners. The views expressed
by such Partners are their own and do not necessarily represent the views of GeoEye.
By including this material in the Site, GeoEye neither represents nor endorses the
accuracy or reliability of any advice, opinion, statement, or other information
displayed, uploaded, or distributed through the Site and hereby expressly disclaims
any responsibility for the content of this material. User acknowledges that any
reliance upon any such opinion, advice, statement, memorandum, or information shall
be at user's own risk.
6.4 DISCLAIMER OF WARRANTIES.
USER ASSUMES TOTAL RESPONSIBILITY FOR USER'S USE OF THE SITE AND THE INTERNET AND
HEREBY ACKNOWLEDGES THAT USE OF THE SITE IS AT USER'S OWN RISK. USER AGREES THAT
THE SITE IS OFFERED ON A STRICTLY "AS IS" AND "AS AVAILABLE" BASIS. GeoEye EXPRESSLY
DISCLAIMS ALL WARRANTIES, GUARANTEES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. GeoEye DOES NOT WARRANT
THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION, PRODUCTS, OR OTHER
MATERIALS, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. GeoEye HAS NO CONTROL OVER
AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
7. Limitation of Liability
IN NO EVENT SHALL GeoEye BE LIABLE TO ANY USER FOR PERSONAL INJURIES, LOST PROFITS,
COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF GeoEye HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS APPLY TO ALL CAUSES
OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT,
BREACH OF WARRANTY, PERSONAL INJURY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS,
AND OTHER TORTS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS HELD TO
BE INAPPLICABLE OR UNENFORCEABLE, IN WHOLE OR IN PART, FOR ANY REASON, GeoEye's
AGGREGATE LIABILITY FOR ANY REASON AND UPON ANY AND ALL CAUSES OF ACTION ARISING
OUT OF OR IN ANY WAY RELATED TO THE SITE (OR ITS USE OR ANY TRANSACTIONS ON OR THROUGH
THE SITE) OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED
UP TO THE GREATER OF: (i) THE TOTAL AMOUNTS, IF ANY, USER PAID FOR USE OF THE SITE
DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE FIRST DATE ON WHICH THE UNDERLYING
DAMAGE AROSE, OR (ii) TWO HUNDRED FIFTY DOLLARS ($250). USER FURTHER AGREES THAT
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF USER HAS MADE NO PAYMENTS TO GeoEye
link at the bottom of each page of the Site.
9. Prohibited Uses of the Site; Accuracy of User Information
9.1 GeoEye does not tolerate or permit the use of the Site to send,
link to, or otherwise transmit any information that impersonates any person or entity,
including, but not limited to, any other users, or falsely states or otherwise misrepresents
your identity or affiliation; or that violates any applicable local, state, national,
or international law. User agrees that any information provided to GeoEye through
the Site will be truthful and accurate.
9.2 We may terminate a user's access to the Site immediately, at our
discretion, if we believe that the user's conduct fails to conform to this Agreement.
Without limiting the foregoing, if you use, or attempt to use the Site for purposes
other than its intended purposes, including, but not limited to, tampering, hacking,
modifying, or otherwise corrupting the security or functionality of the Site, your
access to the Site will be terminated, and you may be subject to civil and criminal
10. Unauthorized Use of the Site
Illegal and/or unauthorized uses of the Site, including, without limitation, unauthorized
framing of or linking to the Site, will be investigated, and appropriate legal action,
including civil, criminal, and injunctive redress, will be taken.
You agree to indemnify and hold us, and our officers, directors, suppliers, subsidiaries,
affiliates, agents, co-branders or other partners, suppliers, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any third
party related to or arising out of your use of the Site or related to or arising
out of any transactions or interactions with third parties, content you submit,
post to or transmit on or through the Site, your connection to the Site, your violation
of this Agreement, or your violation of any rights of another.
12. Export Controls; Compliance with Laws
The Site is controlled and operated by GeoEye from its offices within the United
States of America and is subject to all applicable laws. GeoEye makes no representation
that the Site or materials accessed or available through the Site are appropriate
or available for use in other locations outside of the United States, and access
to them from other countries where they are illegal is prohibited. Users who choose
to access the Site from other locations outside of the United States do so of their
own volition and are responsible for compliance with applicable local laws. Users
may not export the Site or re-export any products, services, or other content or
materials received under this Agreement or via the Site except in full compliance
with all United States laws and regulations. In particular, the Site may not be
exported or re-exported into (or to a national or resident of) any country to which
the United States embargoes goods, or to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's Table of
Denial Orders). In addition, users are responsible for complying with any of their
country's local laws that may impact user's right to import, export, or use the
Site. Without limiting any other terms or conditions of this Agreement, you may
use the Site only for lawful purposes. The Site is subject to, and you agree that
you shall at all times comply with, all applicable local, state, national, and international
laws, statutes, rules, regulations, ordinances, and the like that are applicable
to the use of the Site. This obligation includes your agreement to comply with all
applicable laws, regulations, and rules relating to banking, credit, and financial
services-related matters. We reserve the right to investigate (and to involve and
cooperate with law-enforcement authorities) and to pursue the prosecution of any
alleged or actual illegal activities involving the Site.
GeoEye RESERVES THE RIGHT TO TERMINATE THE USER'S ACCOUNT OR TO DISCONTINUE THE
SITE IN ITS ENTIRETY AT ANY TIME FOR ANY REASON WITHOUT NOTICE. GeoEye SHALL NOT
BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES PROXIMATELY CAUSED BY SUCH
14. Dispute Resolution
Any controversy or claim arising out of or relating to this Agreement or its breach,
or otherwise arising out of or relating to the Site (with the exception of actions
initiated by third parties or injunctive relief we seek for any violation of our
or our licensors' or suppliers' proprietary rights, including, but not limited to,
trademark or other intellectual property rights), shall be settled by arbitration
in accordance with the then-current rules of the American Arbitration Association.
Before entering into arbitration, the parties shall each appoint an arbitrator,
and these two arbitrators shall select a third arbitrator to be a member of the
panel. Should the two arbitrators not be able to agree on a choice of the third
arbitrator, then the American Arbitration Association shall make the appointment
of a person who is neutral to the parties. None of the arbitrators shall be an officer,
employee, or family member of the parties to this Agreement. Such arbitrators shall
be experts in the computer/information technology field. The cost of arbitration,
including fees per arbitrator, shall be borne equally by the parties. The location
of arbitration shall be in Northern Virginia.
The rights and responsibilities set forth in these terms of service are personal
to the user. User may not assign this Agreement in whole or in part without GeoEye's
prior written consent.
15.2 Non-Waiver of Remedy.
No failure or delay by GeoEye in exercising any right, power, or remedy under this
Agreement shall operate as a waiver of any such right, power, or remedy.
15.3 Choice of Law and Forum.
This Agreement shall be governed by the laws of the United States and the Commonwealth
of Virginia, excluding the conflict of law provisions thereof. Subject to the dispute-resolution
procedure above, the parties hereby agree that all disputes arising out of this
Agreement shall be subject to the exclusive jurisdiction of and venue in the federal
and state courts located within the Commonwealth of Virginia, and user hereby consents
to the personal and exclusive jurisdiction and venue of these courts.
If any provision of this Agreement is held by a court of competent jurisdiction
to be unenforceable, such provision shall be changed and interpreted so as to best
accomplish its original objectives to the fullest extent allowed by law. The remaining
provisions of this Agreement shall remain in full force and effect.
This Agreement constitutes the entire agreement and understanding between GeoEye
and the user with respect to the subject matter hereof and supersedes any and all
prior negotiations, correspondence, agreements, and understandings.