Terms of Service

Last Updated: February 2, 2026

IMPORTANT – ACCEPTANCE OF TERMS: By accessing, browsing, or using EARF or any related EARF service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and all policies referenced herein. If you do not agree to these Terms, you must immediately discontinue use of the Website and all related services. Your continued use of the Website constitutes your ongoing acceptance of these Terms, including any future modifications.

EARF provides an online service accessible via earf.tv and related subdomains including METAR | EARF, EMERGENCY | EARF, and EARFguess. These Terms of Service (“Terms”) are a legal agreement between you (the User) and EARF governing your access to and use of our websites and services. By accessing or using EARF at earf.tv or any associated site, you confirm that you have read, understood, and agree to be bound by these Terms, which form a legally binding contract between you and EARF.
If you do not agree with these Terms, you must discontinue use of the EARF websites and services immediately.

References to "EARF," "we," "us," or "our" mean the owner of EARF and its associated services and subdomains or websites or applications created or designed by EARF (including but not limited to earf.tv, EARFguess, METAR | EARF, and EMERGENCY | EARF). References to "Website" mean EARF accessible at earf.tv and any related sites, services, websites, or applications created or designed by EARF.

1. Acceptance of Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which outlines how we collect, use, and protect your information. By using the Website, you acknowledge that you have reviewed and accepted our ​ Privacy Policy . If you are unable to access the Privacy Policy, please contact us to obtain a copy. In particular, you agree that EARF may process your data in accordance with the Privacy Policy and applicable data protection laws.

2. Acceptance of DMCA & Copyright Policies

By accessing or using EARF or any related service (including METAR | EARF, EMERGENCY | EARF, EARFguess, or any subdomain), you agree to abide by our ​ DMCA & Copyright Policy​. This policy details our commitment to respecting intellectual property rights and the procedure for copyright owners to submit infringement claims. Please review our DMCA & Copyright to understand your obligations regarding content use, as well as our rights and procedures under the Digital Millennium Copyright Act of 1998 (DMCA). If you do not agree to those terms, do not use or contribute content to our Website.

3. Compliance with Privacy and Data Protection Laws

We are committed to compliance with all applicable data protection regulations. By using the Website, you acknowledge and consent to the following:

• Australian Privacy Act 1988 (Cth): We adhere to the Privacy Act 1988 and the Australian Privacy Principles (APPs) in the handling of personal information​ ag.gov.au . We do not collect personal data beyond what is necessary for operation of the service, and we ensure you have rights to access or correct any personal information we might hold, consistent with the APPs and Australian law. (Note: Many small businesses in Australia may be exempt from certain provisions of the Privacy Act; however, EARF voluntarily aligns with these principles for transparency and user trust.)
• GDPR (EU General Data Protection Regulation): If you are located in the European Union, we process any personal data in compliance with the GDPR. This means, for example, we respect your rights to access, rectify, or erase your personal data, and to restrict or object to certain processing​ . We only process data as necessary to provide our services and as described in our ​ Privacy Policy , unless we obtain your consent for other uses.
• CPRA (California Privacy Rights Act): If you are a California resident, we handle personal information in accordance with the CPRA (which augments the CCPA). This includes your rights to know what categories of personal data we collect, to access or delete your data, and to opt-out of any sale of personal information (note: we do not sell personal data)​ . We do not discriminate against users for exercising their privacy rights as provided by the CPRA.
• LGPD (Brazil’s Lei Geral de Proteção de Dados): If you are in Brazil, we comply with the LGPD in our handling of personal data. You have rights to confirm the existence of processing, access your data, correct inaccurate data, and request deletion of personal data under the conditions provided by law​.
• Data Transfers: If we ever need to transfer your information across international borders (for example, to process through a third-party service), we will do so in accordance with applicable laws. We will ensure that adequate safeguards (such as standard contractual clauses or other legal mechanisms) are in place to protect your data during transfer.
• User Responsibilities (Data): You agree to provide data only that is accurate and necessary for using the service (if applicable), and to exercise any privacy rights in good faith. You also acknowledge that you are responsible for complying with any local data protection obligations you may have when using our service (for instance, if you input someone else’s personal data, you must have the right to do so).

we value your privacy and conform to global standards of data protection. For more details on how we collect and use data, please refer to our​ Privacy Policy.

4. FAFO™ Security Monitoring and User Responsibility

By using this website, you acknowledge and agree that EARF employs an automated monitoring system known as FAFO to protect the security and integrity of our platform. FAFO detects suspicious or unauthorized activity in browser developer tools and other behaviors that may indicate abuse or attempts to circumvent our protections. When you visit, your public IP address, user agent, and device fingerprint are automatically checked against our internal ban and abuse database. These identifiers are not stored unless they match a banned or flagged entry, in which case they are logged for enforcement and security review. If such activity is detected, FAFO may restrict your access to the site, log technical data, and, in the case of repeated or severe violations, result in a temporary or permanent ban. Every FAFO trigger is logged and alerts the EARF Security Department.

If you are banned, you will be presented with an "Access Denied" page and your access to EARF services will be revoked. Any attempts to bypass or circumvent a ban will trigger immediate security alerts and may result in further legal action, criminal investigation, and notification to relevant authorities.

By accessing or using EARF, you expressly consent to this monitoring and agree that EARF is not responsible for any restrictions, bans, or consequences resulting from your actions, including but not limited to triggers caused by irresponsible, unauthorized, or non-standard use of the platform, browser developer tools, or attempts to bypass security features. You are solely responsible for your conduct and any resulting access limitations or enforcement actions. For more information, see Section 16 of our Privacy Policy.

5. Eligibility, Age Requirements, and Content Advisory

All Ages Access: Our platform is intended to be usable by people of all ages. We do not restrict access based on age, and we do not require user accounts for general browsing. However, if you are under the age of 13, you should only use EARF with the involvement and consent of a parent or legal guardian. If you are a parent or guardian, you are responsible for monitoring and supervising your child’s use of the Website. By allowing a minor to access the site, you acknowledge that the minor may be exposed to content described below, and you assume responsibility for their viewing experience.

Unfiltered Live Content Disclaimer: EARF features live “in real life” (IRL) video streams and real-time content feeds from around the world. These live streams are not pre-recorded nor fully moderated, which means they may at times depict unedited real-world events. Such events could include graphic or violent scenes, accidents, natural disasters, or other potentially disturbing incidents unfolding in real time. We do not actively censor or control the live content as it happens, and viewer discretion is advised. By using the Website, you acknowledge and accept that you may encounter content that is violent, graphic, shocking, or traumatic in nature without advance warning.

We strongly recommend that users under 18 have parental guidance when viewing live streams, and that all users understand they are engaging with real-time content at their own risk. If you find any particular stream or content to be upsetting or offensive, you should stop viewing it immediately. We provide this clear disclaimer to inform you of the potential for such content; by continuing to use the site after reading this warning, you agree that you understand and assume the risks of encountering unfiltered content​. EARF will not be liable for any distress or harm you suffer as a result of viewing content on the platform that you find objectionable (to the maximum extent permitted by law – see Limitation of Liability below).

Content Moderation: Although we may not pre-screen all live feeds, we still require that any use of our platform (including any interactive features we may introduce) adheres to our content standards and policies. If we become aware of a live stream or any content on our sites that violates the law or our Terms (for example, explicit incitement of violence, or illegal activity being shown), we reserve the right to remove or disable that content. However, EARF is not an editorial publisher of third-party live content; we function as an aggregator and platform. Consequently, EARF is not responsible for the substance of live streams provided through the service, and you view content at your own discretion and risk.

By using EARF, you agree that we have provided you with adequate warning about potentially disturbing content, and you release us from any claims based on exposure to such content, to the fullest extent allowed by law.

5A. Australian Age Restriction & Account Requirements

Australia Age Restriction: In compliance with Australian law and regulations regarding online safety, users under the age of 16 in Australia are NOT permitted to create or maintain an account on EARF. This includes accounts created through EARF's services (earf.tv, METAR | EARF, EMERGENCY | EARF, EARFguess, or any related service).

• Account Creation: When creating an account, you represent and warrant that you are at least 16 years of age if you are accessing EARF from Australia, or meet the applicable minimum age requirement in your jurisdiction.
• Account Verification & Removal: EARF reserves the right to verify the age and location of account holders at any time. If we identify that an account holder is under 16 years of age and is located in Australia, we will immediately disable or permanently remove that account without notice and without liability to the user.
• Parental Consent: Parents or guardians of Australian users under 16 should note that account creation by minors under 16 is not permitted. If you believe a minor under 16 has created an account, please contact us at legal@earf.tv to report it.
• Browsing vs. Account Access: While general browsing of EARF without an account may be permitted for users of all ages (with parental guidance), account features and personalized services are restricted to users 16 and older in Australia. Attempting to circumvent this restriction may result in permanent bans and legal action.
• Recurring Enforcement: We will conduct periodic reviews of account holders to ensure compliance with this age requirement. Any accounts found to be held by users under 16 in Australia will be terminated immediately.

6. User Accounts and Verification

EARF now offers user accounts to access certain features, such as personalizing your experience, saving preferences, and contributing content. By creating an account, you agree to the following:

• Accurate Information: You agree to provide truthful, current, and complete information about yourself as prompted, and to update such information to keep it accurate. You must not impersonate anyone or use false details.
• Account Security: You are responsible for maintaining the confidentiality of your login credentials (such as passwords) and for all activities that occur under your account. If you suspect unauthorized use of your account or a security breach, you must notify us immediately. EARF is not liable for any loss or damage arising from your failure to secure your account.
• No Illegal Use: You agree not to use your account for any unlawful purpose or in violation of these Terms. You are responsible for all actions taken via your account. We may suspend or terminate your account for any violation of these Terms.

User accounts are required to access certain features, such as saving favourites and managing your profile. By creating an account, you consent to the collection and storage of your acceptance of the Terms of Service, Privacy Policy, and DMCA & Copyright Disclaimer for compliance purposes.

7. Fees and Future Subscription Plans

Free Service and Changes:

Currently, EARF is provided to you free of charge. We do not charge for basic access to the live streams and features available on our platform as of the Effective Date. However, EARF reserves the right to introduce fees or subscription plans for certain services or features in the future. We include this clause as a placeholder to inform you that paid features or tiers may be added later.

Verification Fees:

Verification is for channels that want to host their content on EARF. It is optional, but the benefits greatly outweigh the cost.

Verified channels receive a verified badge, which increases trust and visibility. This badge helps users identify that your content is official, and that any external links you provide, such as donation or support links, are legitimate. This gives viewers the confidence that their support or contributions are going to the correct channel or creator.

Additional benefits of verification include elevated placement in listings, enhanced credibility for promotional opportunities, increased discoverability, and access to upcoming partner-only features and tools. While not mandatory, verification helps channels stand out and build deeper trust with audiences across the EARF platform.

Future Subscriptions:

In the event that EARF introduces a subscription service or premium membership (for example, offering ad-free viewing, exclusive content, advanced features, or other benefits), we will provide you with clear information about the fees, payment schedule, and terms for those subscriptions. You will not be enrolled in any such paid plan without your explicit sign-up or consent. If you elect to subscribe to additional services, you agree to pay any applicable charges and taxes and to abide by any additional terms provided at that time.

Payment Terms: If a subscription or fee-based feature is introduced:

• Pricing will be clearly indicated in Australian Dollars (AUD) or another relevant currency, and inclusive or exclusive of taxes as stated.
• Payments might be processed via third-party payment processors. You must provide a valid payment method and authorize charges as per the subscription agreement.
• Unless otherwise stated, fees are non-refundable except where required by Australian consumer law or other applicable laws. We will inform you of any trial periods, cancellation rights, or refund policies applicable to the new service.
• We may offer promotional pricing or trial offers; such offers will be subject to their own terms and may change if renewed.

Notice of Changes:

If we decide to implement fees or convert any part of the free service to a paid subscription model, we will give reasonable advance notice to users (for example, by posting on the site or emailing registered users, if any). This is to ensure you can decide whether to continue using those services. Continuing to use a newly fee-bearing service after the notified change will constitute acceptance of the new fees.

You have no obligation to purchase any paid service or subscription, and you can continue to use any free features we continue to offer. If you do not wish to pay for new features, your sole remedy is to not opt-in to those features or to discontinue use of the service.

8. Acceptable Use and Prohibited Conduct

You agree to use EARF and related services only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the service by any other person. Prohibited conduct includes (but is not limited to):

• Violations of Law: You must not use the Website to commit or facilitate any unlawful act. You agree not to upload, transmit, or share any content that is illegal, promotes illegality, or could give rise to civil or criminal liability under applicable law.
• Interference and Hacking: You must not interfere with the proper working of the Website. This includes, for example, not attempting to bypass security measures, not introducing viruses or malicious code, and not launching any form of denial-of-service attack. You agree not to attempt to gain unauthorized access to any portion of our systems or other users’ accounts.
• Data Mining and Bots: You shall not use any robot, scraper, crawler, or other automated means to access the Website or extract data (except via our API if we provide one in the future). Automated access without permission is forbidden. Additionally, you agree not to spam any interactive features or overload the service with excessive requests.
• Harassment and Abuse: You must not harass, bully, or harm other users. If the platform allows communication (such as comments or chat in the future), you agree to interact respectfully. Content that is defamatory, obscene, hateful, or that instigates violence or discrimination against any individual or group is strictly prohibited. We may have community standards that further detail unacceptable behavior; you agree to abide by those standards.
• Third-Party Rights: You must not use the service to distribute or make available any content that you do not have the right to share. This includes respecting copyright, trademarks, privacy, and other proprietary rights of third parties. (See Intellectual Property section below for more on this.) You also agree not to misuse any content from the site in a way that violates these Terms or the rights of others.
• No Misrepresentation or Fraud: You agree not to impersonate any person or entity or misrepresent your affiliation with any person or entity when using our services. You shall not engage in fraudulent activities on the platform, such as scam attempts or phishing.
• Abuse of Reporting Systems: You agree not to misuse our reporting, flagging, or support tools. This includes submitting malicious, frivolous, or knowingly false reports regarding Points of Interest (POIs), streams, or other users. Repeated abuse of these systems may result in the suspension of your reporting privileges or your account.

We reserve the right to investigate and take appropriate action (including suspension or termination of access, and legal action if necessary) against any user who, in our reasonable judgment, violates these rules. This may include removing any offending material, reporting you to law enforcement authorities, or pursuing legal remedies. You acknowledge that compliance with these Acceptable Use provisions is a condition for using our Website, and that breach of these provisions constitutes a material breach of the Terms.

9. Content Ownership and Intellectual Property Rights

Our Content: All content provided by EARF on the Website – including but not limited to the website design, layout, software code, text, images, graphics, logos, videos, and any original content (collectively, the “EARF Content”) – is the exclusive property of EARF or its licensors and is protected by copyright, trademark, and other intellectual property laws​. EARF retains all rights, title, and interest in and to EARF Content. This also extends to content on our subdomains and related services (earf.tv, METAR | EARF, EMERGENCY | EARF, EARFguess, etc.) to the extent such content was created by or for EARF

You are authorized to access and use EARF Content for personal, non-commercial use in connection with the normal use of the Website. Any other use of EARF Content, including reproduction, modification, distribution, public display, or creation of derivative works, without our prior written consent, is strictly prohibited​. You may not remove or alter any copyright, trademark, or other proprietary notices contained in the content.

Third-Party Content: Our platform aggregates content from various sources (for example, live camera feeds, radio streams, or third-party data). Such content remains the property of its respective owners. EARF does not claim ownership of third-party content streamed through our service. However, our compilation or presentation of that content may be protected. You must not use third-party content from the site in a manner that exceeds the permissions granted by the original owners. For example, if a live camera feed is embedded via YouTube or another platform, your use of that feed is subject to the terms of the original platform (see Third-Party Services below) and the content owner’s license. If you wish to reuse third-party content, you are responsible for obtaining any necessary permission from the owner.

User-Submitted Content: Currently, users do not directly upload content to earf.tv (aside from potential participation via third-party platforms like YouTube, Twitch, Kick or many more). In the event we introduce features that allow you to submit content (such as comments, uploads, or sharing your own stream links), you will retain any intellectual property rights you have in the content you create. However, by submitting content to our platform, you would grant EARF a worldwide, non-exclusive, royalty-free, sublicensable license to use, host, reproduce, modify, publish, and display that content for the purpose of operating, improving, or promoting the service.

Respect for Our IP: We actively protect our intellectual property. EARF™, EARF at earf.tv™, EARFguess™, METAR | EARF™, EMERGENCY | EARF™, and any associated logos or slogans are trademarks or service marks of EARF. You are not granted any right or license to use any EARF trademarks by these Terms. If you wish to reference our service or brand, you must follow our brand guidelines (if provided) or seek permission when appropriate.

Any unauthorized use of EARF’s intellectual property or the Website’s content may result in termination of the permissions granted to you by these Terms. EARF reserves the right to take legal action against anyone who infringes on its intellectual property rights​, including seeking injunctive relief and damages. We are committed to enforcing our rights to the fullest extent of the law​.

10. YouTube Embed Licensing & Third-Party Content Rights

EARF displays embedded content from YouTube and other third-party platforms. By allowing embeds on their platforms, content providers (including YouTube) grant EARF and other websites the right to embed and display their content under their respective Terms of Service and API agreements. Specifically:

• YouTube Embed License: YouTube's Terms of Service explicitly permit the embedding of public videos on third-party websites. By making a video public and allowing embedding, the content provider grants YouTube and any website using YouTube's embed feature a non-exclusive license to display that content. This license grants EARF the right to embed the video on our platform for viewing purposes.
• Content Provider Authorization: If third-party content is embedded on EARF (whether from YouTube or other platforms), the content provider has authorized embedding through their platform's settings and policies. EARF respects these platform policies and only displays content that is publicly available and permitted to be embedded.
• Limited License to Display: By embedding third-party content, EARF operates under the license granted by the content hosting platform. EARF does not claim ownership of embedded content but is permitted to display it in accordance with the terms of service of the content provider and the platform hosting the content.
• No Implicit Endorsement or Licensing: The embedding of third-party content does not imply that EARF endorses the content, nor does it grant any additional rights beyond what is explicitly permitted by the content provider and their hosting platform.

If a content provider wishes to revoke embedding permissions or believes that EARF is misusing embedded content, they may contact us at legal@earf.tv with evidence of the infringement or policy violation, and we will take appropriate action in accordance with applicable law.

11. Third-Party Services and Links

Our platform integrates or interacts with certain third-party services and may contain links to external websites. While we strive to work with reputable providers, we want to clarify how these third-party elements are handled:

• Our site uses Google’s reCAPTCHA v2 for security and spam protection. This feature is in place to verify that certain actions (like form submissions) are performed by a human and not a bot. It may collect device and application data and send it to Google for analysis. Use of reCAPTCHA is subject to Google’s Privacy Policy and Terms of Service By using our site, you acknowledge that This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. We do not control Google’s data practices. If you do not agree with them, please refrain from using areas of the site protected by reCAPTCHA.

• Content on earf.tv (such as live video streams) may be provided via the YouTube Data API or embedded YouTube players. Where we display or use content from YouTube, you agree to abide by YouTube’s Terms of Service as a condition of accessing that content. You can review YouTube’s Terms of Service on YouTube’s website (available at youtube.com/t/terms). In general, YouTube’s terms prohibit certain actions like downloading videos without permission or accessing content outside of YouTube’s normal interface. Any data we obtain through the YouTube API (if any) will be handled according to our Privacy Policy and Google’s privacy rules. We do not provide your personal data to YouTube except as needed for playing the video streams. By using our site to view YouTube-sourced content, you are also bound by Google’s Privacy Policy and YouTube’s terms for API clients. If you log into YouTube via our platform or perform actions like liking or commenting on a YouTube video through our interface, those actions are governed by your account’s agreement with YouTube, not by EARF. (We do not currently support logging in to YouTube through our site, to be clear.)

• In the future, earf.tv may integrate Google AdSense or similar ad services to help support our platform and offset server and infrastructure costs. If and when we enable AdSense, advertisements may appear on certain pages or alongside embedded content.
  
  By continuing to use earf.tv after ads are introduced, you acknowledge and agree that:
  • Google may collect and process data from your browser or device, in accordance with their Privacy Policy and Advertising Policies.
  • Google may use cookies or similar technologies to personalize ads based on your interests and online behavior, subject to your ad personalization settings, which you can review and manage at adssettings.google.com.
  • We do not sell or directly share your personal information with Google AdSense. Any data collected for advertising purposes is handled directly by Google under their terms.
  
  Our priority remains providing a seamless, ad-light experience focused on Earth’s beauty and real-time events. Any monetization will be thoughtfully integrated to avoid disrupting your experience. Revenue from ads, if introduced, will go toward maintaining our infrastructure, covering bandwidth and server costs, and expanding EARF’s features in the long term.

• Third-Party Services: We use third-party APIs such as Mapbox for interactive maps and geolocation features, and the Radio-Browser API for accessing live radio stations across the globe. Use of Mapbox services is subject to the Mapbox Terms of Service and Mapbox Privacy Policy. Use of the Radio-Browser API is governed by its open API terms, and while we do not control that platform, we respect its usage guidelines and public API limitations. By using EARF features powered by these services, you agree to the applicable third-party terms and policies. Required attributions are provided in our Privacy Policy and/or in the site footer where necessary.

• The Website may include hyperlinks to third-party websites or resources that are not owned or controlled by EARF. For example, we might have a “Support us” link to Ko-fi, links to partner sites, social media pages, or a camera source’s original webpage. These links are provided for your convenience only. EARF is not responsible for the content, products, services, privacy policies, or practices of any third-party websites that you visit via a link from our site​. When you click an external link, you do so at your own risk. We do not endorse or assume any responsibility for third-party websites. We encourage you to review the terms and privacy policies of any third-party site you visit.

11. Unauthorized Scraping, Crawling, and AI Usage

Unauthorized Scraping, Crawling, and Data Extraction: Users and third parties are strictly prohibited from scraping, crawling, spidering, or using any automated methods to access, copy, extract, or harvest content, data, or any part of EARF’s services,including but not limited to text, images, videos, or user information,without prior explicit written permission from EARF.

Prohibition on AI-Powered Cloning and Replication: EARF expressly forbids the use of artificial intelligence, machine learning, or any automated technology to clone, replicate, reproduce, or create derivative works based on EARF’s content, services, or proprietary data. This includes, but is not limited to, attempts by third-party platforms or tools that use AI to copy or mimic EARF’s service or data.

Manual Content Aggregation and Unauthorized AI Use: EARF operates using a fully manual aggregation process. All content on our platform is collected, curated, and managed exclusively through human effort by the EARF team to ensure accuracy, integrity, and respect for intellectual property. Any use of artificial intelligence, machine learning, automated content generation, or similar technologies not owned, controlled, or explicitly authorized by EARF to create, aggregate, replicate, or modify content on or derived from EARF’s platform is strictly prohibited. Unauthorized AI usage constitutes a serious violation of EARF’s Terms of Service and is illegal under applicable intellectual property and computer misuse laws. Violators will face immediate suspension or permanent banning and may be subject to civil and criminal legal action.

Legal Enforcement and Liability: Violations of these terms constitute a breach of contract and intellectual property infringement. EARF reserves the right to take all available legal and technical measures to protect its platform and content, including but not limited to:

• Immediate suspension and banning of offending users or entities,
• Reporting offending parties to relevant authorities and law enforcement agencies,
• Pursuit of civil and criminal legal actions for damages and injunctions.
• Employing all reasonable and lawful technical means to protect, recover, or remove unauthorized content from any platform or service
• Take any necessary actions to safeguard EARF’s intellectual property and data integrity, including disabling access, revoking privileges, or other appropriate measures.

EARF will pursue enforcement to the maximum extent permitted by law against any individual or entity involved in unauthorized or illegal activity related to these terms. Any companies or individuals who knowingly or negligently assist, facilitate, or operate in violation of these terms will also be held liable and subject to enforcement actions.

Reporting and Compliance: If you believe your rights under these Terms of Service have been violated, please contact EARF immediately at support@earf.tv. EARF takes all reports seriously and will investigate promptly.

12. Discord Community Guidelines & Terms

EARF maintains an official community on Discord (an online chat and community platform) to engage with our users. Participation in the EARF Discord server is optional, but if you choose to join and interact in our Discord community, you must abide by both Discord’s rules and our own community rules:

• By using Discord, you agree to Discord’s Terms of Service and Community Guidelines. This means that all your activities on the Discord platform (including within the official EARF server) are subject to Discord’s policies, including prohibitions on harassment, hate speech, explicit content, doxxing, and illegal behavior. If you violate Discord’s rules, Discord or EARF moderators may take action independently of these Terms. All users are expected to respect others and follow the community standards at all times.

13. Limitation of Liability

• You expressly understand and agree that your use of the EARF websites and services is at your sole risk. The platform and all content and services provided through it are provided on an “as is”and “as available” basis. To the fullest extent permitted by law, EARF disclaims all warranties, representations, or conditions of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any guarantees of availability or accuracy of content. We do not guarantee that the service will be uninterrupted, error-free, or free from harmful components.

• EARF does not warrant or make any representations regarding the reliability or accuracy of the information on the platform. This includes live content – we make no promise that any video, audio, or alert will be accurate, up-to-date, or suitable for a particular audience. We are not liable for any content provided by third parties, including but not limited to live camera streams, radio streams, or user communications. We do not endorse any opinions or statements made on the platform by third parties.You assume full responsibility for any consequences arising from your viewing or use of content obtained through the service.

• To the maximum extent permitted by law, in no event shall EARF or its owner, affiliates, officers, employees, or agents be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages whatsoever arising out of or in connection with your use of (or inability to use) the Website or any EARF services​. This includes, without limitation, any damages for lost profits, lost data, loss of goodwill, business interruption, accuracy of results, or computer failure or malfunction, or other intangible losses, even if we have been advised of the possibility of such damages.

In particular, EARF will not be liable for:

• Personal Injury or Distress: any injury, emotional distress, or other harm resulting from your exposure to live content on the platform (for example, if you witness a disturbing event via a live stream).
• Third-Party Conduct: any defamatory, offensive, or illegal conduct of any third party (including other users, stream providers, or hackers) and the risk of harm or damage from the foregoing rests entirely with the user.
• External Sites: any damage or loss caused or alleged to be caused by your reliance on any external website linked through Earf.TV. As noted, external links are outside our control.

To the extent any liability is not lawfully excludable, you agree that the total cumulative liability of EARF (and its affiliates and agents) to you for all claims arising out of or relating to these Terms or your use of the service, whether in contract, tort (including negligence), or otherwise, shall not exceed AUD $100 or the amount (if any) you have paid to EARF for the use of paid services in the last 12 months, whichever is greater. This cap on liability does not apply to liability that cannot be limited by law (for example, certain statutory liabilities which cannot be limited under Australian law, as described below).

We do not exclude or limit our liability to you for personal injury or death caused by our negligence, or for fraud or fraudulent misrepresentation, or any other liability which may not be excluded by law. In such cases, our liability will be determined in accordance with applicable law.

Nothing in these Terms is intended to exclude, restrict, or modify any guarantee, warranty, term, or condition, right or remedy implied or imposed by the Australian Consumer Law (ACL) or any other applicable law that cannot be lawfully excluded or limited. Under the ACL, consumers have certain rights (for example, services must be provided with due care and skill and be reasonably fit for purpose) which cannot be excluded. To the extent that the ACL applies to our provision of services to you, we acknowledge that the ACL will prevail over any conflicting provisions in these Terms. If any provision in these Terms would otherwise unlawfully exclude or limit a consumer guarantee or other provision under the ACL or other applicable law, that provision is severed or modified to the minimum extent necessary so that it no longer does so, and the rest of these Terms will continue in effect​

Where it is lawful to do so, and to the extent permitted by the ACL or other law, our liability for breach of any non-excludable guarantee or condition is limited, at our option, to re-supplying the services or paying the cost of having the services re-supplied.

EARF’s liability to you is limited. You use our service at your own risk, and we do not accept responsibility for harm, loss, or damage except as required by mandatory law. By using the Website, you agree that these limitations of liability are reasonable and appropriate. If you do not agree, your sole remedy is to discontinue using the service.

14. Indemnification

You agree to indemnify, defend, and hold harmless EARF and its sole proprietor owner, affiliates, officers, agents, partners, and employees (collectively, the “EARF Parties”) from and against any and all claims, demands, actions, suits, proceedings, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your Use of the Service: any use or misuse of the Website or services by you or anyone using your account (whether or not with your permission), including but not limited to any content you access, share, or transmit via our platform;
• Breach of Terms: your violation of any provision of these Terms or any other policy referenced herein;
• Violation of Law or Rights: your violation of any applicable law or regulation, or the rights (including intellectual property or privacy rights) of any other person or entity, in connection with your use of earf.tv or related services;
• User Content/Conduct: any content that you submit to the platform (if user submissions are allowed) or your conduct in our communities (such as Discord) that results in any claim against us. For example, if you post something defamatory or infringing in the Discord or on a future EARF forum and someone sues EARF because of it, you agree to indemnify us for that claim.

This indemnification obligation will survive the termination of these Terms and your use of the service. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), and you agree to cooperate with our defense of such claim. You may not settle any claim that involves any of the EARF Parties or imposes any obligation on EARF without our prior written approval.

In plain terms, if your actions cause us to be sued or incur costs, you agree to cover those costs (to the extent you are at fault under these Terms). This helps protect us from losses that could be caused by user behavior outside of our control.

15. Dispute Resolution (Arbitration Agreement)

PLEASE READ THIS SECTION CAREFULLY, as it affects your rights. By agreeing to these Terms, you and EARF both agree to resolve most disputes through binding arbitration rather than in court. This means you are waiving your right to a trial by jury and, in many cases, your right to participate in class action lawsuits.

Good-Faith Resolution: We encourage you to first contact us directly to resolve any concern or dispute you may have regarding the service. Often issues can be quickly addressed by our support team. You can reach us at legal@earf.tv for any disputes or questions.

Binding Arbitration: If we cannot resolve a dispute informally, you and EARF agree that any dispute, controversy, or claim arising out of or relating to these Terms or the use of the Website shall be resolved by final and binding arbitration. The arbitration will be conducted in English and, unless we mutually agree otherwise, shall take place in Australia. If you are an Australian resident, the arbitration will likely occur in your capital city or another convenient location in Australia; if you are not an Australian resident, the arbitration may take place in Brisbane, Australia, or another mutually agreed location. The arbitration shall be administered by an established arbitration provider, such as the Australian Centre for International Commercial Arbitration (ACICA), and, unless otherwise agreed, will follow the ACICA Arbitration Rules in effect at the time of the dispute. The law governing the arbitration agreement (i.e., this clause) shall be the laws of Australia. You and we agree to explicitly designate the laws of Australia as governing the interpretation, validity, and enforcement of this arbitration agreement, to avoid any uncertainties​.

The arbitrator shall have the authority to award any relief available in a court, including injunctive or declaratory relief and attorneys’ fees if provided by law. The arbitrator’s award will be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: You and EARF agree that all claims and disputes will be arbitrated or litigated on an individual basis only. You waive any right to bring or participate in a class action, consolidated, or representative proceeding (whether in arbitration or otherwise) against us​. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any class or representative proceeding. This means, for example, you cannot serve as a class representative or member or otherwise participate in a class, consolidated, or representative action against EARF.

Exceptions – When You Can Still Sue in Court: Despite the above, either party may elect to bring an individual action in a local small claims court if the claim falls within that court’s jurisdiction. In addition, this arbitration agreement does not prevent you from bringing issues to the attention of governmental agencies; you have the right to communicate with, file a complaint with, or seek help from any government regulatory or enforcement agency (and such action is not considered a dispute with us). Also, if the dispute relates to intellectual property rights (for example, you infringe our trademarks or we violate your copyright) or certain injunctive relief, we or you may seek relief in court to protect those rights without going through arbitration first. .

Opt-Out Right: If you do not wish to be bound by this arbitration agreement and class action waiver, you must notify us in writing within 30 days of first accepting these Terms. You may opt out by sending a written notice to our contact email (legal@earf.tv) explicitly stating that you opt out of arbitration. Your opt-out notice must include your name, address, and a clear statement that you do not agree to this arbitration provision. If you opt out, neither you nor EARF can require the other to participate in arbitration proceedings. Opting out of this arbitration provision will not affect any other parts of these Terms, such as the license to use the service or other dispute provisions.

Australian Users: If you are a user based in Australia, please note that mandatory arbitration clauses and class action waivers may not be enforceable under Australian consumer law to the extent they are deemed “unfair contract terms” in a consumer contract. Nothing in this clause is intended to limit any rights you have under Australian law to seek relief through Australian courts. For Australian consumers, this arbitration agreement is intended to apply only to the extent permitted by law. If a court of competent jurisdiction finds that arbitration of particular disputes (or the class action waiver) is not enforceable for Australian consumers, then you may pursue those disputes in court. However, it is our preference to handle disputes via arbitration if possible, as it can be a faster and less formal way to resolve issues for both sides.

Confidentiality: Any arbitration conducted pursuant to this agreement shall be confidential. Neither you, we, nor the arbitrator may disclose the existence, content, or results of any arbitration except as may be required by law or for purposes of enforcement of the arbitration award.

16. Governing Law and Jurisdiction

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Australia, excluding its conflict of laws principles. We choose Australian law given that EARF is an Australian-based service, and for consistency in interpretation for all users worldwide.

Subject to the Dispute Resolution section above (which may require certain disputes to be resolved via arbitration), you agree that any legal action or proceeding arising out of or relating to these Terms, to the extent it is to be heard in a court, shall be brought exclusively in the courts of Australia​. In particular, if a dispute is permitted to be resolved in court (e.g., after arbitration opt-out, or an issue not subject to arbitration), the courts of the State of Queensland, Australia (or the Federal Court of Australia, Queensland Registry, as appropriate) shall have exclusive jurisdiction. You and EARF both consent to the personal jurisdiction of these courts.

If you are a consumer residing outside Australia, you may have the right to bring an action in your country of residence under certain consumer protection laws; nothing in these Terms is intended to limit any such rights that cannot be waived by contract. However, by agreeing to these Terms, you acknowledge that Australia is a convenient forum and Australian law will apply to the maximum extent allowed.

International Use: We make no representation that the content or services on Earf.TV are appropriate or available for use in all locations. If you access the Website from outside Australia, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

17. Modifications to Service and Terms

Changes to the Service: EARF reserves the right to modify, suspend, or discontinue any part of the Website or the entire service, at any time, with or without notice. We are constantly evolving and improving our platform, which means content, features, or availability may change. We may impose limits on certain features or restrict your access to parts or all of the service without liability if we decide it’s necessary for technical, security, legal, or business reasons​. For example, we might discontinue a particular content feed, change the layout, or shut down a beta feature. If we discontinue the service in its entirety, we will attempt to provide advance notice to users via the Website or other means.

You agree that EARF shall not be liable to you or any third party for any modification, suspension, or discontinuation of the service (except to refund any pre-paid fees for services not provided, if applicable). We appreciate user feedback and will try to ensure changes are reasonably communicated.

Changes to these Terms: We also reserve the right to update or revise these Terms of Service at any time. If we make material changes, we will post the updated Terms on this page and update the “Effective Date” at the top. In some cases, we may provide additional notice (such as a banner on our site or an email notification, if we have your email) about significant changes. It is your responsibility to review these Terms periodically for any updates. Unless otherwise specified, changes become effective immediately upon posting. Your continued use of the Website after any revised Terms are posted constitutes your acceptance of the updated Terms. If you do not agree to the new or modified Terms, you must stop using the service.

17.1 Electronic Signature and Binding Effect

You agree that your use of the Website and related services constitutes your electronic signature, and you consent to be legally bound by these Terms of Service and any documents incorporated by reference. You acknowledge that your electronic acceptance (including by clicking to accept, or by continued use) is the legal equivalent of your manual signature on a written agreement.

18. Miscellaneous

Entire Agreement: These Terms of Service (together with any documents incorporated by reference, such as the Privacy Policy and DMCA & Copyright Policy) constitute the entire agreement between you and EARF regarding your use of the Website, and supersede any prior agreements, understandings, or arrangements (whether oral or written) relating to the same subject matter. Any additional or different terms proposed by you (for example, in any communication) are hereby objected to and will not bind us unless expressly agreed in writing by an authorized representative of EARF. You acknowledge that you have not relied on any representation, warranty, or statement not expressly set out in these Terms in deciding to agree to these Terms.

No Waiver: Our failure or delay to exercise or enforce any right or provision of these Terms shall not operate as a waiver of that right or provision. Any waiver by us of any provision of these Terms or any breach thereof must be in writing to be effective, and shall not be interpreted as a waiver of any later breach or of any other provision. Similarly, a single or partial exercise of a right or remedy by us does not prevent further exercise of that or any other right or remedy.

Assignment: You may not assign or transfer these Terms (or any of your rights or obligations hereunder) without our prior written consent. Any attempted assignment by you without consent will be null. EARF may freely assign or transfer these Terms or any obligations under them (for example, in the event of a business restructuring, acquisition, or transfer of the Website to a new owner) without notice to you. These Terms will bind and inure to the benefit of the parties and their respective permitted successors and assigns.

Relationship of the Parties: You and EARF are independent contracting parties. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and us​. Neither party has any authority to bind the other to any obligation or to represent itself as the agent or representative of the other, except as explicitly set forth in these Terms

Force Majeure: EARF will not be liable for any failure or delay in performance of its obligations (except payment obligations) under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil disturbance, strikes or labor disputes, pandemic or epidemic, utility failures, internet outages, governmental actions, or natural disasters.

Headings and Interpretation: Section headings in these Terms are for convenience only and have no legal or contractual effect. Words like “including” shall be read to mean “including without limitation.” These Terms were originally written in English, and to the extent any translated version conflicts with the English version, the English version controls.

If you have any questions about the meaning of these provisions or how they may apply, please contact us (see below). We want these Terms to be clear and fair.

19. Stream Integrity Policy

To maintain trust and platform transparency, Earf.TV requires that all streams marked or displayed as “live” reflect real-time content at the time of viewing unless clearly stated otherwise.

19.1 Live Representation Required

All content labeled as “live” must be actively transmitting real-time footage. Looped, delayed, or pre-recorded footage presented as live is strictly prohibited, except in the following cases:

• Minor platform-related delay or sync latency
• Technical issues that temporarily affect stream synchronization
• Clear, visible labeling such as “rebroadcast,” “recorded,” or similar language

19.2 Technical Issues and Operator Responsibility

If your stream is out of sync or no longer transmitting real-time content:

• You must attempt to fix the issue immediately
• Temporarily take the stream offline if it cannot be fixed promptly
• Notify EARF via support@earf.tv or relevant platform channels of the issue and your expected resolution time

Failure to resolve or report stream sync issues may result in enforcement action, including removal of the stream and suspension of your channel and its content on EARF.

19.3 Enforcement and Penalties

Violations of this policy, including deceptive presentation of non-live content as live, constitute a material breach of our Terms of Service. EARF may:

• Manually mark the stream as offline
• Restrict or suspend the associated channel
• Issue a permanent ban for repeated or severe violations

EARF reserves sole discretion to determine whether a stream violates this policy, based on internal review or user reports.

19.4 No Waiver of Enforcement

EARF applies this policy equally to all users and channels. A failure to act on one violation does not waive EARF’s right to act on future or similar violations. This clause exists to protect stream authenticity and user trust.

20. Map Data & Points of Interest (POIs)

EARF features interactive maps and Points of Interest (POIs) that are aggregated from various sources or submitted by users.

• Accuracy Disclaimer: EARF does not guarantee the accuracy, completeness, or timeliness of any map data, POI locations, descriptions, or status (e.g., "open" or "closed"). Locations may change, and data may be outdated.
• Not for Navigation: The maps provided on earf.tv are for informational and entertainment purposes only. You should not rely on them for navigation, especially in emergency situations or for critical safety decisions.
• Safety Warning: Some POIs may be located in dangerous or restricted areas. The presence of a POI on our map does not constitute a recommendation or invitation to visit that location. You are solely responsible for your safety and for complying with all local laws and regulations if you choose to visit any location shown on our platform.

21. AI & Automated Features (GAIA)

EARF may utilize artificial intelligence technologies, including our "GAIA" system, to provide summaries, answer questions, or generate content.

• No Guarantee of Accuracy: AI systems are probabilistic and may generate incorrect, misleading, or nonsensical information ("hallucinations"). You should not rely on AI-generated responses as a sole source of truth, especially for medical, legal, or safety-critical information.
• User Responsibility: You are responsible for verifying any information provided by our AI features before acting on it. EARF is not liable for any errors, omissions, or damages resulting from your reliance on AI-generated content.
• Input Data: Do not share sensitive personal information or confidential data when interacting with our AI features.

22. METAR | EARF - Meteorological Data Service

METAR | EARF (accessible at metar.earf.tv) is a specialized service providing meteorological aerodrome reports and aviation weather data sourced from public aviation authorities worldwide.

• Data Source & Public Domain: Raw METAR data is sourced from public aviation authorities and is in the public domain. EARF does not claim ownership of the underlying meteorological data.
• EARF Presentation & Aggregation: EARF's unique value lies in the aggregation, formatting, analysis, and presentation of this data. The organizational structure, custom algorithms, and presentation format are proprietary and protected intellectual property.
• No Warranty & Disclaimer: While EARF endeavors to provide accurate and timely METAR data, we make no warranty regarding accuracy, completeness, timeliness, or fitness for any particular purpose. Users should not rely solely on METAR | EARF for critical aviation decisions. Always consult official aviation authority sources for flight planning and safety-critical decisions.
• Restrictions on Use: You may view and use METAR | EARF for personal, non-commercial purposes. Commercial use, redistribution, scraping, or bulk downloading of METAR data without permission is prohibited.
• Age Restrictions: In Australia, METAR | EARF account features are restricted to users 16 and older. General browsing of METAR data may be permitted for younger users with parental guidance.

23. EMERGENCY | EARF - Emergency Information Service

EMERGENCY | EARF (accessible at emergency.earf.tv) provides real-time emergency information, dispatch alerts, emergency services updates, and public safety information sourced from public emergency services, official alert systems, and public records.

• Data Source & Public Domain: Emergency information provided is sourced from publicly available emergency services, dispatch records, and official emergency alert systems. This information is made available under public information and open records provisions.
• EARF Aggregation & Presentation: EARF's presentation, formatting, organization, and aggregation of emergency information is proprietary. We do not claim ownership of the raw emergency data but protect our unique presentation and analysis.
• No Warranty & Liability Disclaimer: EMERGENCY | EARF is provided "as-is" without warranty of accuracy, completeness, or timeliness. Emergency data may be delayed, incomplete, or subject to revision. Do not rely solely on EMERGENCY | EARF for emergency response or safety-critical decisions. In case of emergency, contact your local emergency services (911 or equivalent) immediately.
• No Emergency Service Substitute: EMERGENCY | EARF is an informational resource only and does not constitute emergency services. It is not monitored for distress calls and should never be used to report emergencies.
• Restrictions on Use: You may use EMERGENCY | EARF for personal, informational purposes only. Commercial use, redistribution, or resale of emergency data without permission is prohibited. Unauthorized scraping or automated access is strictly prohibited.
• Age Restrictions: In Australia, EMERGENCY | EARF account features are restricted to users 16 and older. Parents should supervise minor use of emergency information.

24. EARFguess - Interactive Guessing Game & Community

EARFguess (accessible at guess.earf.tv) is an interactive game and community platform where users can make guesses about locations, events, or other challenges based on clues or media provided by EARF or other users.

• User-Generated Content: EARFguess allows users to create, share, and participate in guessing games. By submitting content, images, clues, or participating in games, you grant EARF a non-exclusive license to use, display, and distribute such content on the EARFguess platform.
• Community Guidelines: All users of EARFguess agree to maintain respectful and appropriate behavior. Hateful speech, harassment, explicit content, or spoilers that violate community standards may result in account suspension or termination.
• Intellectual Property: While you retain ownership of content you create, you acknowledge that EARF may display your contributions and that other users may see and interact with your content.
• No Guarantee of Game Availability: EARF may modify, suspend, or discontinue EARFguess or specific game features at any time without notice.
• Australian Age Restrictions: EARFguess accounts are restricted to users 16 and older in Australia. Users under 16 may browse public games with parental permission but cannot create accounts or participate in account-restricted features.
• Rewards & Prizes: Any rewards, points, badges, or prizes offered through EARFguess are virtual and have no real-world monetary value unless explicitly stated otherwise.

25. Contact Information

If you have any questions, concerns, or comments about these Terms of Service or any other policies, please feel free to contact us:

• Legal/Terms inquiries: Email us at legal@earf.tv
• Support: For general support or questions, email support@earf.tv or visit our Help & Support page on the website.

We will do our best to respond promptly to your inquiry.

By using earf.tv or any EARF related service, you acknowledge that you have read these Terms of Service, understand them, and agree to be legally bound by them. Thank you for taking the time to familiarize yourself with our terms. We value our users and strive to create a platform that is informative, interactive, and safe for everyone. Enjoy exploring the world through earf.tv!

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