Terms of Service

NORTH CAROLINA COASTAL ATLAS

Terms of Service and Use Agreement

This Terms of Service and Use Agreement (“Agreement”) is between you and the NORTH CAROLINA COASTAL ATLAS (the NC Coastal Atlas). Please read all terms and conditions carefully. Your use of the NC Coastal Atlas and any of its content, maps, proprietary material and data, and any hosted materials and data, including any third party data accessed through the NC Coastal Atlas, signifies your acceptance of and agreement to be bound by the terms of this Agreement.

 

1. Acceptance of terms

By visiting the NC Coastal Atlas, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to the NC Coastal Atlas, you agree to be bound by the terms of this Agreement. You understand, agree and acknowledge that this Agreement constitutes a legally binding agreement between you and the NC Coastal Atlas and that your use of the NC Coastal Atlas shall indicate your conclusive acceptance of this agreement.

 

2. Services

You agree and acknowledge that the NC Coastal Atlas is entitled to modify, improve or discontinue any of its services or products at its sole discretion and without notice.

 

3. Use of the NC Coastal Atlas and website

Subject to the other provisions of this Agreement you may: (a) view pages from the NC Coastal Atlas website in a web browser; (b) download pages from our website for caching in a web browser; (c) print pages from our website; (d) stream audio and video files from our website; and (e) use our website services and content by means of a web browser and desktop GIS or other remote sensing or data analysis programs or software.

 

Except as expressly permitted by the provisions of this Agreement, you may not download any material from the NC Coastal Atlas website or save any such material to your computer, nor edit or otherwise modify any material on our website. Unless you own or control the relevant rights in the material, you must not: (a) republish material from the NC Coastal Atlas website (including republication on another website); (b) sell, rent or sub-license material from our website; (c show any material from our website in public; (d) exploit material from the NC Coastal Atlas website for a commercial purpose; or (e) redistribute material from the NC Coastal Atlas website, save to the extent expressly permitted by this notice.

 

4. Access and Use Constraints

You can access the NC Coastal Atlas and its hosted content through web browsers and desktop map viewers. You can access any resources that are shared with the general public.

 

The NC Coastal Atlas includes interactive maps that allow you to explore, understand, and measure your geographic data. You can access ready-to-use maps to use with your own data for mapping, data analysis, or any other use consistent with and in accordance with the terms of this Agreement.

 

All content is subject to the terms of this Agreement. The NC Coastal Atlas contains public and shared content that is typically available for your personal or noncommercial use. Terms of use for specific content items may also be provided in the access and use constraints for those content items. As a content user, it is your responsibility to abide by the content owner's terms of access and use contraints. If you are a content owner, it is your responsibility to clearly define the terms of use in the access and use constraints field of the item properties for your content.

 

If you are publishing an item based on somebody else's work, such as publishing a map that contains several layers you discovered on the NC Coastal Atlas website, you should adhere to and pass along any use constraints for those layers.

 

5. Third Party Content and Websites

The NC Coastal Atlas may reference or link to third party websites or enable you to access view, use, and download third party content. Except as expressly provided herein, this Agreement does not address your use of third party content and you may be required to agree to different or additional terms in order to use third party content The NC Coastal Atlas does not control these websites or materials and is not responsible for their operation, content, or availability. Your use of any third party websites and content is as is, without warranty, and at your sole risk. The presence of any links or references on the NC Coastal Atlas website to third party websites and resources does not imply an endorsement, affiliation, or sponsorship of any kind.

 

6. Links to Our Website

Links pointing to the NC Coastal Atlas website should not be misleading. Appropriate link text should always be used in links pointing to our website. From time to time we may update the URL structure of our website and, unless we agree in writing otherwise, all links should point to URL(s). You must not use our logo to link to our website (or otherwise) without our express written permission. You must not link to our website using any inline linking technique. You must not frame the content of our website or use any similar technology in relation to the content of the website. You agree that, should we request the deletion of a link to our website that is within your control, you will delete the link promptly. If you would like us to remove a link to your website that is included on this website, please contact us using the contact details on the website. Unless you have a legal right to demand removal, such removal will be at our discretion.

 

7. Proprietary Rights

You acknowledge and agree that the NC Coastal Atlas may contain proprietary and confidential information including copyrights, trademarks, service marks and patents protected by intellectual property laws and treaties. The NC Coastal Atlas authorizes you to view, download (where permitted), and copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party copyrights, trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

 

8. Submitted Content

When you submit content to the NC Coastal Atlas you simultaneously grant the NC Coastal Atlas an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to the NC Coastal Atlas.

 

9. Disclaimer of Warranties

You understand and agree that your use of the NC Coastal Atlas is entirely at your own risk and that our services are provided "As Is" and "As Available". Neither the NC Coastal Atlas, nor its partners and affiliates, make any express or implied warranties, endorsements or representations whatsoever as to the operation of the NC Coastal Atlas website, or (a) the accuracy or completeness of the information, content, materials, or products provided; (b) that information, content, materials, or products are up to date; or (c) that the website or any service on the website will remain available. Such information, content, materials, products, and services are provided for solely for informational and research purposes.

 

Neither the NC Coastal Atlas, nor its partners and affiliates, warrant or represent (a) the completeness or accuracy of the information published on this website; (b) that the material on the website is up to date; or (c) that the website or any service on the website will remain available. The NC Coastal Atlas contains or streams information and products from third parties. The NC Coastal Atlas may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that the NC Coastal Atlas, its partners and affiliates, are not responsible for and does not endorse any advertising, products or resource available from such resources or websites.

 

10. Limitation of Liability

You understand and agree that the NC Coastal Atlas and any of its partners or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not the NC Coastal Atlas has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of the NC Coastal Atlas is limited to the greatest extent permitted by law.

 

11. External Content

Neither the NC Coastal Atlas, nor its partners and affiliates, warrant or represent (a) the completeness or accuracy of the information published on this website; (b) that the material on the website is up to date; or (c) that the website or any service on the website will remain available. The NC Coastal Atlas contains or streams information and products from third parties. The NC Coastal Atlas may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that the NC Coastal Atlas, its partners and affiliates, are not responsible for and does not endorse any advertising, products or resource available from such resources or websites.

 

12. Advice.

All content contained in this website is provided for informational purposes and does not constitute advice of any kind from the NC Coastal Atlas, its partners or affiliates.

 

This website may contain general legal information. This information is not and shall not be construed as legal advice. If you have any specific questions about any legal matter, you should consult your lawyer or other professional legal services provider.

 

This website may, now or in the future, include interactive features that allow users to communicate with us. You acknowledge that, because of the limited nature of communication through these interactive features, any assistance you may receive using any such features may be incomplete or sometimes incorrect. Any assistance you may receive using any our website's interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.

 

13. Jurisdiction

You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by the NC Coastal Atlas to resolve any legal matter arising from this agreement or related to your use of the NC Coastal Atlas. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.

 

14. Entire Agreement

You understand and agree that the terms set forth in this Agreement constitute the entire agreement between you and the NC Coastal Atlas and that any prior agreements, understandings, or negotiations are superseded.  You may be subject to additional terms and conditions when you use or access third-party content or material.

 

15. Changes to the Terms

The NC Coastal Atlas reserves the right to modify any or all of the terms of this Agreement from time to time at our sole discretion and without any notice. Changes to this Agreement become effective on the date they are posted and your continued use of the NC Coastal Atlas after any changes are posted will signify your agreement to be bound by them.

 

16. Termination of Agreement

This Agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Any terms that are to continue in perpetuity or that have independent legal significance shall be unaffected by the termination of this Agreement.