Terms of Service
ACCEPTANCE OF TERMS. Window Seat Inc. ("Window Seat") welcomes you. Window Seat provides the Window Seat Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the Window Seat Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Window Seat owned or operated services, you and Window Seat shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Window Seat may also offer other services that are governed by different Terms of Service.
DESCRIPTION OF WINDOW SEAT SERVICES .Window Seat provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various media or devices now known or hereafter developed (the "Window Seat Services"). You also understand and agree that the Window Seat Services may include advertisements and that these advertisements are necessary for Window Seat to provide the Window Seat Services. You also understand and agree that the Window Seat Services may include certain communications from Window Seat, such as service announcements, administrative messages and that these communications are considered part of Window Seat membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Window Seat Services, including the release of new Window Seat properties, shall be subject to the TOS. You understand and agree that the Window Seat Services is provided "AS-IS" and that Window Seat assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Window Seat Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Window Seat Services. You understand that the technical processing and transmission of the Window Seat Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be aware that Window Seat has created certain areas on the Window Seat Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
YOUR REGISTRATION OBLIGATIONS . In consideration of your use of the Window Seat Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Window Seat Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Window Seat Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Window Seat has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Window Seat has the right to suspend or terminate your account and refuse any and all current or future use of the Window Seat Services (or any portion thereof). Window Seat is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Window Seat Services are required to supervise their child. When allowing your child to use Window Seat Service, you certify that you are at least 18 years old and that you are the legal guardian of the child/children. By allowing a child in your Window Seat Account, you also give your child permission to access many areas of the Window Seat Services, including, email, message boards and instant messaging (among others). Please remember that the Window Seat Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Window Seat Services areas and/or Content are appropriate for your child.
MEMBER ACCOUNT, PASSWORD AND SECURITY. You will receive a password and account designation upon completing the Window Seat Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Window Seat of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Window Seat cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
MEMBER CONDUCT . You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Window Seat, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Window Seat Services. Window Seat does not control the Content posted via the Window Seat Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Window Seat Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Window Seat be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Window Seat Services. You agree to not use the Window Seat Services to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
You will not use the Window Seat Service for any aviation, commercial, operational, law enforcement, or judicial activity that relies on the availability, validity, or accuracy of Window Seat data;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Window Seat official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Window Seat Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Window Seat Services or servers or networks connected to the Window Seat Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Window Seat Services, including using any device, software or routine to bypass our robot exclusion headers;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
"stalk" or otherwise harass another; and/or
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
You acknowledge that Window Seat may or may not pre-screen Content, but that Window Seat and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Window Seat Services. Without limiting the foregoing, Window Seat and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Window Seat or submitted to Window Seat, including without limitation information in Window Seat Message Boards and in all other parts of the Window Seat Services. You acknowledge, consent and agree that Window Seat may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Window Seat, its users and the public. You understand that the Window Seat Services and software embodied within the Window Seat Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Window Seat and/or content providers who provide content to the Window Seat Services. You may not attempt to override or circumvent any of the usage rules embedded into the Window Seat Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Window Seat Services, in whole or in part, is strictly prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON WINDOW SEAT NETWORK . When using Window Seat Services, you acknowledge that in using the Window Seat Services to send electronic communications (including but not limited to email, search queries, sending messages to Window Seat Chat or Window Seat Groups, uploading photos and files to Flickr, and other Internet activities), you will be causing communications to be sent through Window Seat's computer networks, portions of which are located in California, Texas, Virginia, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Window Seat's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE . Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Window Seat Services and transfer, posting and uploading of software, technology, and other technical data via the Window Seat Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Window Seat Services to parties identified on such lists; (b) agree not to use the Window Seat Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Window Seat Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE WINDOW SEAT SERVICES. Window Seat does not claim ownership of Content you submit or make available for inclusion on the Window Seat Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Window Seat Services, you grant Window Seat the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of Window Seat Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Window Seat Services solely for the purposes of providing and promoting the specific Window Seat Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Window Seat Services and will terminate at the time you remove or Window Seat removes such Content from the Window Seat Services.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Window Seat Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Window Seat Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Window Seat Services and will terminate at the time you remove or Window Seat removes such Content from the Window Seat Services.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Window Seat Services, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Window Seat Services are those areas of the Window Seat network of properties that are intended by Window Seat to be available to the general public. By way of example, publicly accessible areas of the Window Seat Services would include Window Seat Maps and portions of Window Seat Service that are open to both members and visitors. However, publicly accessible areas of the Window Seat Services would not include portions of Window Seat Service that are limited to members, or Window Seat Maps, or areas off of the Window Seat network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Window Seat.
CONTRIBUTIONS TO WINDOW SEAT. By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Window Seat through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Window Seat is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Window Seat shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Window Seat may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Window Seat without any obligation of Window Seat to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Window Seat under any circumstances.
INDEMNITY. You agree to indemnify and hold Window Seat and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Window Seat Services, your use of the Window Seat Services, your connection to the Window Seat Services, your violation of the TOS, or your violation of any rights of another.
NO COMMERCIAL REUSE OF WINDOW SEAT SERVICES You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Window Seat Services (including Content, advertisements, Software and your Window Seat ID).
GENERAL PRACTICES REGARDING USE AND STORAGE. You acknowledge that Window Seat may establish general practices and limits concerning use of the Window Seat Services, including without limitation the maximum number of days that postings, message board postings or other uploaded Content will be retained by the Window Seat Services, the maximum number of postings that may be sent from or received by an account on the Window Seat Services, the maximum size of any postings that may be sent from or received by an account on the Window Seat Services, the maximum disk space that will be allotted on Window Seat's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Window Seat Services in a given period of time. You agree that Window Seat has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Window Seat Services. You acknowledge that Window Seat reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Window Seat reserves the right to modify these general practices and limits from time to time. Window Seat Service, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your Window Seat accounts located on Window Seat servers. This means you can access and search your history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on Window Seat too. Your agreement to this TOS constitutes your consent to allow Window Seat to store these communications on its servers.
MODIFICATIONS TO WINDOW SEAT SERVICES . Window Seat reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Window Seat Services (or any part thereof) with or without notice. You agree that Window Seat shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Window Seat Services (or any part thereof).
TERMINATION. You may terminate your Window Seat account, and access to the Window Seat Services by submitting such termination request to Window Seat. You agree that Window Seat may, without prior notice, immediately terminate, limit your access to or suspend your Window Seat account, and access to the Window Seat Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Window Seat Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Window Seat Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Window Seat's sole discretion and that Window Seat shall not be liable to you or any third party for any termination of your account, or access to the Window Seat Services. Termination of your Window Seat account includes any or all of the following: (a) removal of access to all or part of the offerings within the Window Seat Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Window Seat Services.
DEALINGS WITH ADVERTISERS .Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Window Seat Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Window Seat shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Window Seat Services.
LINKS . The Window Seat Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Window Seat is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Window Seat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
WINDOW SEAT'S PROPRIETARY RIGHTS . You acknowledge and agree that the Window Seat Services and any necessary software used in connection with the Window Seat Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Window Seat Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Window Seat or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Window Seat Services, such Content or the Software, in whole or in part. Window Seat grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Window Seat Services. You agree not to access the Window Seat Services by any means other than through the interface that is provided by Window Seat for use in accessing the Window Seat Services.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WINDOW SEAT SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE WINDOW SEAT SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WINDOW SEAT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WINDOW SEAT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WINDOW SEAT SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE WINDOW SEAT SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WINDOW SEAT SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WINDOW SEAT SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WINDOW SEAT SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WINDOW SEAT OR THROUGH OR FROM THE WINDOW SEAT SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WINDOW SEAT SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE WINDOW SEAT SERVICE. IMMEDIATELY DISCONTINUE USE OF THE WINDOW SEAT SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WINDOW SEAT SERVICE: DIZZINESS, ALTERED VISION, UNCONTROLLABLE FLATULENCE, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT WINDOW SEAT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WINDOW SEAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE WINDOW SEAT SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WINDOW SEAT SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE WINDOW SEAT SERVICE.
EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR WINDOW SEAT SERVICES RELATING TO MAPS AND BIRD EYE VIEWS. We do have some restrictions on your use of the service. You may not:
copy, store, archive, or create a database of the content, except that geocodes may be stored locally only for use with your Applications;
exceed 50,000 geocoding transactions or requests in any 24 hour period;
download more than 250 points of interest at any one time;
use the service for business asset tracking, fleet management, or dispatch;
present or alert an end user to individual maneuvers of a route in any way that is synchronized with the end-user’s sensor-based position along the route, (e.g. “real-time” navigation);
change, obscure or remove any search box or any portion of the results, including, without limitation, any logo, trademark, copyright or other notice of Window Seat or its suppliers, digital watermarks, or any advertisement; and if the required logos and copyright notices are not included in the service generated content, you shall add the logos and copyright notices provided by Window Seat to the service generated content as described in the TOS;
integrate the Window Seat Maps Platform or any of its content with any other mapping platform;
use Bird’s Eye aerial imagery; and
Restrictions on use of Position and Navigation. In addition to the restrictions above, the following additional term applies to your use of road Position and Navigation (“Position and Navigation”):
Position and Navigation may only be used on Internet based web pages (or WAP or substantially similar wireless protocol based pages, excluding messaging protocols such as email, SMS, MMS or other plain text or rich text messaging). Position and Navigation may not be licensed to or used by: standalone traffic application providers; radio/television stations, newspaper services, or any websites owned by them; or, any government-sponsored traveler information services. Position and Navigation cannot be used: for television or radio broadcast; as part of or in conjunction with weather related services; for animation; or, for storing or provision of continuously updated Position and Navigation or alerts to end users. Position and Navigation may only be used in combination with the service and not separately. You may not deconstruct or mix and match the Position and Navigation with position and Navigation from another supplier or associate or add any traffic data to or in combination with the Position and Navigation. Limitations on use of Bird’s Eye aerial imagery. You may use Bird’s eye aerial imagery for evaluation under the following limitations:
You may not reveal latitude, longitude, altitude or other metadata;
You may not save, download, print, distribute, transmit or manipulate the Bird’s eye imagery or, through your applications, offer others that ability.
Bird’s eye imagery of the United States, Canada, Mexico, New Zealand, Australia, and Japan may not be used by a government entity.
NO THIRD-PARTY BENEFICIARIES. You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
NOTICE. Window Seat may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Window Seat Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Window Seat Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Window Seat Services in an authorized manner.
TRADEMARK INFORMATION. You agree that all of Window Seat’s trademarks, trade names, service marks and other Window Seat logos and brand features, and product and service names are trademarks and the property of Window Seat Inc. (the "Window Seat Marks"). Without Window Seat's prior permission, you agree not to display or use in any manner the Window Seat Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT. Window Seat respects the intellectual property of others, and we ask our users to do the same. Window Seat may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Window Seat's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Window Seat's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Copyright Agent c/o Window Seat Inc. 397 30th St. San Francisco, California 9413.1
GENERAL INFORMATION. Entire Agreement. The TOS constitutes the entire agreement between you and Window Seat and governs your use of the Window Seat Services, superseding any prior version of this TOS between you and Window Seat with respect to the Window Seat Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Window Seat services, affiliate services, third-party content or third-party software. Choice of Law and Forum. You and Window Seat each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Window Seat, shall be brought exclusively in the courts located in the county of San Francisco, California or the U.S. District Court for the Northern District of California. You and Window Seat agree to submit to the personal jurisdiction of the courts located within the county of San Francisco, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. Waiver and Severability of Terms. The failure of Window Seat to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your Window Seat account is non-transferable and any rights to your Window Seat ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Window Seat Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
VIOLATIONS. Please report any violations of the TOS to Window Seat
Last updated February 28, 2011
INFORMATION COLLECTION AND USE General: Window Seat collects personal information when users register with Window Seat, when users use Window Seat products or services, when users visit Window Seat pages or the pages of certain Window Seat partners, and when users enter promotions or sweepstakes. Window Seat may combine information about users that Window Seat has with information Window Seat obtains from business partners or other companies. When users register Window Seat asks for information such as your name, email address, birth date, gender, ZIP code, occupation, industry, and personal interests. When users register with Window Seat and sign in to Window Seat services, users are not anonymous to us. Window Seat collects information about your transactions with Window Seat and with Window Seat business partners, including but not limited to, information about your use of products and services that Window Seat offers. Window Seat automatically receives and records information from users’ computer and browser, including your IP address, Window Seat cookie information, software and hardware attributes, and the page you request.Window Seat uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
Children: Window Seat is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Window Seat Services are required to supervise their child. When allowing your child to use Window Seat Service, you certify that you are at least 18 years old and that you are the legal guardian of the child/children. By allowing a child in your Window Seat Account, users also give their child permission to access many areas of the Window Seat Services, including, email, message boards and instant messaging (among others). Please remember that the Window Seat Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Window Seat Services areas and/or Content are appropriate for your child.
INFORMATION SHARING AND DISCLOSURE Window Seat does not rent, sell, or share personal information about users with other people or non-affiliated companies except to provide products or services users have requested, when Window Seat has user permission, or under the following circumstances
Window Seat provides information to trusted partners who work on behalf of or with Window Seat under confidentiality agreements. These companies may use your personal information to help Window Seat communicate with you about offers from Window Seat and our marketing partners. However, these companies do not have any independent right to share this information.
Window Seat has the parent's permission to share the information if the user is a child under age Parents consent to Window Seat’s collection and use their child's information and consent to Window Seat’s sharing of this information with people and companies who may use this information for their own purposes.
Window Seat responds to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
Window Seat displays targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet the targeting criteria—for example, women ages 18-24 from a particular geographic area.
Window Seat does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
Window Seat advertisers include financial service providers (such as banks, insurance agents, stock brokers and mortgage lenders) and non-financial companies (such as stores, airlines, and software companies).
Window Seat works with vendors, partners, advertisers, and other service providers in different industries and categories of business.
COOKIES Window Seat may set and access Window Seat cookies on your computer.
Window Seat lets other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to Window Seat's cookies. Window Seat uses web beacons to access Window Seat cookies inside and outside our network of web sites and in connection with Window Seat products and services.
ABILITY TO EDIT & DELETE ACCOUNT INFORMATION General:
New categories of marketing communications might be added to the Marketing Preferences page from time to time. Users who visit this page can opt out of receiving future marketing communications from these new categories or they can unsubscribe by following instructions contained in the messages they receive. Window Seat reserves the right to send you certain communications relating to the Window Seat service, such as service announcements, administrative messages and the Window Seat Newsletter, that are considered part of your Window Seat account, without offering you the opportunity to opt out of receiving them.
Children: Parents can review, edit, and delete information relating to their child's Window Seat usage. If a parent chooses not to allow us to further collect or use a child's information, it is the parents responsibility to manage children
CONFIDENTIALITY AND SECURITY Window Seat limits access to personal information about you to employees and contractors who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.