TERMS & CONDITIONS
This mobile application (the “App”) is made available by the University of Maine System, acting through the University of Maine, with registered address.
App and Related Terms
Depending on the version of the Application you have downloaded, these App Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.
We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App.
Use of the App
The University of Maine hereby grants you a non-exclusive, non-transferable, revocable license to use the App for evaluation of the spatial model provided in the App and only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and in accordance with these App Terms (“User License”). All other rights in the App are reserved by the University of Maine.
In the event of your breach of these App Terms we will be entitled to terminate the User License immediately.
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
The University of Maine name and logo, and other University of Maine trademarks, service marks, graphics and logos used in connection with the App are trademarks of the University of Maine. Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The University of Maine Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of the University of Maine or the applicable trademark owner. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to the University of Maine and its licensors.
The User of this App agrees to the following:
- Users must not access points on private property or posted land (including traveling to and from these points) without written landowner permission.
- The University of Maine shall have no liability to the User for any personal injury and/or property damage incurred or caused by the User under any circumstances, including the use of a motor vehicle to get to or from the location. If accessing locations by motor vehicle, the user must represent they have auto insurance as required by applicable law and a valid driver’s license as required by local law.
- Use of the App and provision of personal information to the University of Maine is completely voluntary.
- The User shall not be considered an employee of the University of Maine for any purpose.
- The User agrees that the geographic data stored is delimited and the App is not for use and shall not be used anywhere outside of the United States of America, Canada, and Mexico.
- The User gives an unlimited, exclusive, transferable, perpetual, irrevocable and royalty-free license to the University of Maine to use, copy, distribute and do anything else it wishes to do with the photos taken and any information provided by the User and sent to the University of Maine.
METADATA COLLECTIONBy using this app you consent to the collection of metadata in the form photo EXIF data. Collection of photos by the app includes, but is not limited to time, date, camera/phone make and model and GPS coordinate. We do not intentionally collect any personal identifiable information (unless a person takes an image of themselves or other, which we requested you do not do). Each camera/phone collects slightly different EXIF data, to understand what additional metadata you may be submitting refer to your camera/phone’s owners manual.
The User of this App agrees not to use the App in any way that:
- is unlawful, illegal, or unauthorized;
- is defamatory of any other person;
- is obscene or offensive;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- infringes any copyright, database right, or trade mark of any other person or entity;
- is likely to harass, upset, embarrass, alarm, or annoy any other person or entity;
- is likely to disrupt use of the App by others in any way; or
- advocates, promotes, or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You agree to indemnify, defend, hold harmless and release the University of Maine for any breach by you of these App Terms. The University of Maine reserves the right to control the defense and settlement of any third party claim for which you indemnify the University of Maine under these App Terms and you will assist the University of Maine in exercising such rights.
The University of Maine provides the App on an ‘as is,’ “where is” and ‘as available’ basis without any promises or representations, express or implied. In particular, the University of Maine does not warrant or make any representation regarding the validity, accuracy, reliability, or availability of the App or its content. All information contained in the App is based on information freely available to the public during development of the App and may be out of date, and the University of Maine makes no commitment to update this information or the App.
To the fullest extent permitted by applicable law, the University of Maine hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws, or that any information that you transmit in connection with this App will be successfully, accurately, or securely transmitted.
Reliance on Information
The App is intended to provide general information about habitat suitability for the focal application, and, as such, should not be considered as a substitute for any other assessment of habitat suitability.
Exclusion of the University of Maine’s Liability
To the fullest extent permitted under applicable law, in no event shall the University of Maine be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft, or corruption of your information, the inability to use the App, Device failure, or malfunction.
The University of Maine shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorized use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse, or other harm.
In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential, or other damages, in no event shall the University of Maine’s liability arising under or in connection with these App Terms and your use of the App exceed $0.
These App Terms shall be governed by the laws of the State of Maine and the United States and the parties submit to the exclusive jurisdiction of the courts of Maine and the United States to resolve any dispute between them arising under or in connection with these App Terms.
If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
If you have any questions regarding our App, you can email us at email@example.com.
Also, if you submit survey data (completed questionnaire) at locations identified with the app and are willing to be contacted for clarifying information, please send an e-mail to firstname.lastname@example.org with your preferred contact information and the point numbers that you evaluated with the questionnaire via the app.
If you agree to these terms, please indicate so below and use the provided credentials to log on to ArcGIS Online within the Collector App.