Thanks for using the Capella Console and API.
The Capella Console and API allows you to view and use Capella data products, tasking services, maps, terrain data, imagery, and other related information provided by Capella Space Corp. (“Capella”), its licensors, and users (the “Services”).
1. ACCEPTANCE OF TERMS
By accessing, downloading, or using the Services (the Capella Console and API, together with all subpages thereof, the “Site”), you are agreeing to:
- these Terms of Service (these “TOS”);
- any other agreement between you and Capella (e.g., reseller agreement, end-user license agreement), if applicable.
Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Site or Service shall be subject to the TOS. Capella reserves the right to make changes to the Site and the Service at any time.
If you are accepting these TOS on behalf of your company, organization, or other entity, (a) the terms “you” and “your,” as used throughout the TOS, apply to both you and your company, organization, or other entity and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these TOS and to bind your company, organization or entity hereunder.
You are responsible for obtaining access to the Site and Service, and you acknowledge that such access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site and Service.
The Services are offered and available to users who are eighteen (18) years of age or older. If you are not eighteen (18) years of age or older, you must not access or use the Services.
If you agree to this Agreement, and subject to your compliance with this Agreement, Capella grants you a non-exclusive, non-transferable license to use the Services, including features that allow you to:
- Search, view, order, and download Capella data products from the catalog;
- Submit and monitor tasking requests for the Capella constellation;
- View relevant information about your account;
- View relevant information about Capella data products and services; and
- Publicly display Services with proper attribution online, in video, and in print.
All material published on this Site is protected by copyright and owned or controlled by Capella or the party credited as the provider of the content, software or other material. Further details can be found here.
3. PROHIBITED CONDUCT
Your compliance with this Section 3 is a condition of the license granted in Section 2. When using the Services, you may not (or allow those acting on your behalf to):
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site or Service;
- Upload, post, email, transmit or otherwise make available (i) 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); (ii) any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; (iii) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”; 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;
- Redistribute or sell any part of the Services or create a new product or service based on the Services, unless authorized to do so in an applicable agreement with Capella;
- Interfere with or disrupt the Site or Service or servers or networks connected to the Site or Service;
- Copy the Services (unless you are otherwise permitted to do so by applicable intellectual property law, including “fair use”);
- Mass download or create bulk feeds of the Services (or let anyone else do so), unless authorized to do so in an applicable agreement with Capella;
- Use the Services to create or augment any other mapping-related dataset (including a mapping or navigation dataset, business listings database, mailing list, or telemarketing list) for use in a service that is a substitute for, or a substantially similar service to, the Services;
- Reverse engineer or attempt to extract the source code from the Services or any related software, except to the extent that this restriction is expressly prohibited by applicable law;
- Remove, obscure, or alter any Capella terms of service or any links to or notices of those terms, or any copyright, trademark, or other proprietary rights notices;
- Violate any applicable local, state, national or international law; or
- Violate any other person’s rights (including their privacy, publicity, and intellectual property rights).
4. ACTUAL CONDITIONS; ASSUMPTION OF RISK
You may find that actual conditions differ from the map results. You use the Services at your own risk and you must exercise independent judgement in using the Services. You are responsible at all times for your conduct and its consequences.
5. REGISTRATION OBLIGATIONS
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
Members will receive a username and password as part of the registration process. If you elect to become a Member, you are responsible for maintaining the confidentiality of your Member account credentials and are fully responsible for all activities that occur under such credentials. You agree to (a) immediately notify Capella or its representatives of any unauthorized use of your account credentials or any other breach of security, and (b) ensure that you log out of your Member account at the end of each session. Capella and its representatives will not be liable for any loss or damage arising from your failure to comply with this Section 6 or any activities that occur under any Member account.
7. CONTENT THAT YOU PROVIDE
You understand that all information, data, text, software, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. You represent and warrant that you own or otherwise control all of the rights to the Content that you upload, post, email, transmit or otherwise make available via the Site or Service, that such Content is accurate, and that the use of such Content does not and will not violate these TOS and will not cause injury to any person or entity. This means that you, and not Capella, is entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site or Services. Capella does not control or monitor the Content posted via the Site or Service and, as such, do not guarantee the accuracy, integrity or quality of such Content and assume no liability for any Content posted by you or any third party. However, Capella and its representatives have the right (but not the obligation) in their sole discretion to reclassify or remove any Content that is available via the Site or Service, including any Content that violates the TOS.
Unless otherwise expressly agreed, you grant to Capella a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit Content that you upload, submit, store, send, or receive through the Services throughout the world in any media and for any purpose.
8. GOVERNING LAW
By visiting the Site and/or using the Service, you agree that (a) the laws of the state of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Capella or its representatives, and (b) any such dispute will be litigated exclusively in the state or federal courts of San Francisco, California, and you consent to personal jurisdiction in those courts.
9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all applicable laws of the United States regarding online conduct, acceptable Content, and your use of the Site and Service. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access the Site or Service, and you agree not to access the Site or Service from any jurisdiction in which such access is unlawful.
You represent and warrant that (a) your use of the Site, Service and all information, Content, materials, products and services included on or otherwise made available to you through the Site and Service will be in strict accordance with these TOS and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which the Site resides or the country in which you reside); (b) your use of the Site, Service and all information, Content, materials, products and services included on or otherwise made available to you through the Site and Service will not infringe or misappropriate the intellectual property rights of any third party; and (c) you will use current virus monitoring software when using the Site or Service.
You agree to indemnify and hold Capella and its representatives, their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of (a) Content that you submit, post, transmit or make available through the Site or Service; (b) your breach of the TOS; or (c) any activity related to your Member account (including negligent or wrongful conduct) by you or any other person accessing the Site or Service using your account.
12. RESTRICTIONS ON USE
You agree not to: reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, all or any portion of the Site or Service or the use thereof or access thereto, create any derivative works from or modifications or improvements to the Site or Service or its contents; download or copy any Content or account information; or make use of data mining, robots, or similar data gathering and extraction tools with respect to the Site or Service. You agree that any use of the Site or Service that is not expressly authorized under these TOS is prohibited.
Links to third-party websites or resources may be made available via the Site or Service. You acknowledge and agree Capella and its representatives have no control over such third-party sites and resources and that Capella and its representatives are not responsible for the availability of such external sites or resources, and do not endorse and are 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 Capella and its representatives 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 third-party sites or resources, or any goods or services available on or through any such site or resource.
14. CAPELLA’S PROPRIETARY RIGHTS
You acknowledge and agree that the Site and the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that all content (including text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations) included in and information presented to you via the Site and Services and the compilation of such content is the property of Capella, its content suppliers, and its licensors, as applicable, and is protected by United States and international copyright and other intellectual property rights and laws. Capella, its content suppliers, and its licensors reserve all rights therein. Except as expressly authorized by Capella and its representatives, or an applicable advertiser, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based, in whole or in part, on the Site, Service or any content of information included in or presented to you via the Site or Service.
You agree not to access the Site or Service by any means other than through the interface that is provided by Capella and its representatives for use in accessing the Site or Service.
15. TRADEMARKS AND LOGOS
All Capella trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, and service names or other words or symbols (“Marks”) made available via the Site and Service are the intellectual property of Capella, and Capella reserves all rights therein. You agree not to (a) take any action that jeopardizes Capella’s proprietary rights in and to the Capella Marks or (b) acquire any rights in the Capella Marks. Except as specifically stated otherwise in an addendum or amendment hereto, no license to use any Capella Mark, or any logo of Capella’s representatives, for any purpose, is granted under these TOS. All other Marks not owned by Capella that appear on this Site or via the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Capella.
16. DEVELOPERS AND ENTERPRISE USERS
If you have entered into an agreement with Capella that allows you to integrate the Services featured in a website, application, or other product, then the following terms apply:
- European Data Protection Terms. You and Capella agree to the following data protection terms.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
**YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE SITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAPELLA AND ITS REPRESENTATIVES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE OPERATION OF THE SITE AND SERVICE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU VIA THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CAPELLA AND ITS REPRESENTATIVES, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
**CAPELLA AND ITS REPRESENTATIVES MAKE NO WARRANTY THAT (A) THE SITE OR SERVICE OR INFORMATION RECEIVED THROUGH THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE; (C) ANY INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE; AND (D) ANY ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED.
**YOU EXPRESSLY AGREE THAT ANY MATERIAL DOWNLOADED, VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS AND NETWORKS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, VIEWING OR USE OF ANY SUCH MATERIAL.
18. LIMITATION OF LIABILITY
CAPELLA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; OR DAMAGES FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19. 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 17 AND/OR 18 MAY NOT APPLY TO YOU.
Capella and its representatives may provide notice to you via email. The Site or Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Site or Service. You acknowledge that all agreements, notices, disclosures and other communications that Capella or its representatives provide to you electronically satisfy any requirement that such communications be in writing. Any notice that you are required or may desire to give to Capella and/or its representatives under or in conjunction with the TOS or any agreement between the parties shall be made via email to [email protected] and shall be deemed to have been duly delivered based on the date that the electronic mail is received by Capella mail servers.
21. DMCA COPYRIGHT AGENT
Capella and its representatives respect the intellectual property rights of others, and require that all Members and other users of the Site and Service do the same.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide to Capella’s designated DMCA agent the following information:
- The full name and 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;
- A description of where the material that you claim is infringing is located on the site, including a link thereto;
- 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; and
- A statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please send all complaints of copyright infringement to our designated agent for purposes of the DMCA, which can be reached as follows:
Attn: Copyright Compliance Manager, Capella Space Corp.
575 7th Street
San Francisco, CA 94103
Email: [email protected]. Upon receipt of such a complaint of copyright infringement, Capella and/or its representatives will take whatever action it deems appropriate, up to and including removal of the infringing or allegedly infringing content from the Site or Service. It is the policy of Capella and its representatives to terminate the access and/or use privileges of any person or entity who has been determined to be a repeat infringer of copyrights.
22. GENERAL INFORMATION
The Agreement constitutes the entire agreement between you and Capella with respect to the subject matter hereof, superseding any prior or contemporaneous agreements between you and Capella and its representatives with respect to the same. The failure of Capella or its representatives 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.