Terms of Use.
GeoMe ® APPLICATION AND WEBSITE TERMS AND CONDITIONS OF USEPLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THIS WEB SITE (THE “SITE”) OR USING THE SERVICES AVAILABLE ON THIS SITE AND THE RELATED GEOME SOFTWARE ON YOUR MOBILE DEVICE AND/OR OTHER COMPUTING DEVICE (SUCH SOFTWARE AND SERVICES, THE “GEOME SERVICE”), YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT ACCESS THIS WEB SITE OR USE THE GEOME SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE GEOME SERVICE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS OF USE REQUIRED WHEN YOU REGISTER FOR THE GEOME SERVICE AND WHEN YOU LOAD THE GEOME SOFTWARE ON YOUR ON YOUR MOBILE DEVICE AND/OR OTHER COMPUTING DEVICE. THESE TERMS AND CONDITIONS OF USE MAY CHANGE FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU. YOU AGREE TO COMPLY IN ALL RESPECTS WITH THESE TERMS AND CONDITIONS.
Welcome to GEOME! GeoMe Communications S.L.U. (“GEOME”) offers its GEOME Service to users of mobile devices utilizing GEOME’s software. The GEOME Service is a social networking, search and location based mobile application that enable users to share, view and upload text and points of interest with a tag to the user’s geographic location. Users can then set up unique personal profiles that can be linked together through networks or groups of friends and map and navigate to people, places and points of interest.
Your Rights Subject to your agreement to these Terms and Conditions, you are welcome to access the public areas of this Site. However, in order to use the GEOME Service, you must register on this Site.
We expect the GEOME Service will change significantly over time and, as a result, GEOME may update the terms and conditions of these Terms and Conditions either by delivering updates to your mobile device or by posting updated terms and conditions on GEOME’s web sites.
Ownership of the GEOME Service Copyright © 2008, GeoMe Communications S.L.U. All Rights Reserved.
This Site, the GEOME Service and the content therein, to the extent provided by GEOME, are the property of GEOME and its affiliates (collectively, “us”, “we” or “GEOME”) and our licensors, and are protected from unauthorized copying and dissemination by European Union copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “GEOME” and the GEOME logo are registered trademarks of GeoMe Communications S.L.U. and its affiliates, under the applicable laws of Spain, the European Union and/or other countries. Except where expressly indicated in the GEOME Service, all product or service names or logos appearing in the GEOME Service are our trademarks or registered trademarks. The absence of a trademark designation with respect to a product or service name or logo does not constitute a waiver of our trademark or other intellectual property rights concerning that name or logo.
Eligibility To access and use the GEOME Service, you must (i) have an email address; and/or a mobile device that can send and receive data messaging; and access to the World Wide Web and (ii) be thirteen (13) years of age or older. By using GEOME, you represent and warrant that (a) you are aged 18 years or older and that you agree to all of these Terms of Service or (b) you are aged 13-17 years and that you and your parent or legal guardian both agree to all of these Terms of Service. Rights to access and/or use the GEOME Service are void where prohibited.
Login Credentials If you sign up for the GEOME Service at the Site, you will pick a user name and password (“Login Credentials”) in order to complete the registration process. You are responsible for maintaining the confidentiality of your Login Credentials, and are fully responsible for all activities that occur under your Login Credentials. You agree to (a) immediately notify GEOME of any unauthorized use of your Login Credentials or any other breach of security, and (b) ensure that you exit from your account at the end of each Web and mobile phone session. You may not register twice or use more than one set of Login Credentials when you access or use the GEOME Service. Sharing your Login Credentials with anyone else is a violation of these Terms and Conditions, and if at any time GEOME learns that you have given others access to your Login Credentials, GEOME reserves the right to terminate your access to the GEOME Service immediately. Login Credentials are GEOME’s property and GEOME may alter or replace them at any time.
Terms and Conditions, Privacy Policy and Other Policies Your use of this Site and the GEOME Service is governed at all times by these Terms and Conditions, GEOME’s Privacy Policy available on this Site (as such Privacy Policy may change from time to time), any other agreements between you and GEOME, as well as any other policies that we may publish from time to time.
BY USING THIS SITE YOU EXPRESSLY AGREE TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION PERTAINING TO YOU, INCLUDING PERSONALLY-IDENTIFIABLE INFORMATION, AS DESCRIBED IN THE PRIVACY POLICY AT: click here YOUR INFORMATION WILL BE PROCESSED IN THE EUROPEAN UNION OR OTHER COUNTRIES THAT MAY HAVE DATA PROTECTION LAWS LESS PROTECTIVE OF YOUR PRIVACY THAN THE LAWS THAT GENERALLY APPLY WHERE YOU RESIDE.
You agree to permit us or our representatives to access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the GEOME Service. We reserve the right to terminate your account immediately, with or without notice to you, and without liability of GEOME, if GEOME believes that you have violated these Terms and Conditions or any other GEOME policy, furnished us with false or misleading information, or interfered with use of GEOME by other users. We further reserve the right to terminate any accounts that have been inactive for ninety (90) days or longer. We may modify, suspend or discontinue the GEOME Service at any time, with or without notice, and without liability to you, any other user or any third party.
Your Content, Profile and Usage Information GEOME does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to this Site or the GEOME Service. After posting your Content, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on this Site or through the GEOME Service, you hereby grant to GEOME a non-exclusive, fully-paid, royalty-free, worldwide, limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through this Site and the GEOME Service. You further grant GEOME a non-exclusive, royalty-free, perpetual right to use the profile information you provide to this Site or the GEOME Service, and all other information regarding your use of the GEOME Service, for any lawful purpose, including without limitation for marketing and advertising purposes. You are solely responsible for the Content that you post on this Site or through the GEOME Service, any material or information that you transmit to others, and your interactions with others. You represent and warrant that: (i) you own the Content posted by you on or through the GEOME Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the GEOME Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the GEOME Service.
Third Party Content This Site and the GEOME Service contains Content of other users and other licensors of GEOME. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on this Site or through the GEOME Service.
Unacceptable Content and Conduct You agree to not use this Site or the GEOME Service to:
• intentionally or unintentionally violate any applicable local, state, national or international law;
• 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;
• “stalk” or otherwise harass another person or harm any persons or entities in any way;
• impersonate any person or entity, including, but not limited to, a GEOME 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 GEOME Service; • upload, post, email, transmit or otherwise make available any content that you do not have a right to make available;
• make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• make available any unsolicited or unauthorized advertising, promotional or any other form of solicitation, except in those areas that are designated for such purpose;
• interfere or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Site or GEOME Service, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”; • access content or data not intended for you, or log onto a server or account that you are not authorized to access; • attempt to probe, scan or test the vulnerability of the GEOME Service, the Site or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the GEOME Service or servers or networks connected to the GEOME Service, or disobey any requirements, procedures, policies or regulations of networks connected to the GEOME Service;
• attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by GEOME or used by GEOME in providing the GEOME Service; • using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.); or
• collect or store personal data about other users.
We do not actively monitor the use of the GEOME Service under normal circumstances. Similarly we do not exercise editorial control or review over the content of this or any other web site, electronic mail transmission, newsgroup, or other material created or accessible over or through the GEOME Service. If at any time we choose, in our sole discretion, to monitor the GEOME Service, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any third party submitting or using any such Content. However, we may remove, block, filter, or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject GEOME to liability or may violate these Terms and Conditions. GEOME intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions or of any applicable laws or regulations. By using the GEOME Service or the Site, you release GEOME from any liability stemming from GEOME’s cooperation with local, state, federal and relevant country law enforcement officials. You acknowledge that GEOME reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice. GEOME may take any one or more of the following actions, or other actions not listed, at GEOME’s sole discretion in response to violations of GEOME s policies: (i) issue warnings: written or verbal; (ii) suspend your account; (iii) terminate your account; (iv) bill you for administrative costs; or (v) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations Service Maintenance GEOME may, from time to time, need to interrupt this Site and/or the GEOME Service for maintenance and other operational reasons, and you shall not receive any compensation or refund for such interruptions.
Termination You may deactivate your GEOME Service account, if any, at any time and for any reason by sending an email request to info@geo-me.com with the title “DEACTIVATE.” Without prior notice and without any liability of GEOME, GEOME may terminate these Terms and Conditions, your Login Credentials, if any, or your use of the GEOME Service, for any reason, including, without limitation, if GEOME, in its sole discretion, believes you have violated these Terms and Conditions or any other GEOME policies.
Warranty Disclaimer Because of situations beyond the control of GEOME, GEOME cannot guarantee that this Site or the GEOME Service will be available to you or that messages which are intended to be sent and delivered are sent and/or delivered. GEOME does not guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or trojan software infestation of said machine(s), hacker activity and exposure of confidential data. By accessing this Site or using the GEOME Service, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of this Site or the GEOME Service. You also accept liability for any of your actions while accessing this Site or using the GEOME Service. This includes, but is not limited to, sending of unsolicited email.
YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND THE GEOME SERVICE IS AT YOUR SOLE RISK. THIS SITE AND THE GEOME SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY PERSON YOU MAY EXCHANGE INFORMATION WITH IS DONE AT YOUR OWN RISK AND THAT GEOME MAKES NO REPRESENTATIONS THAT INDIVIDUALS USING ITS SERVICE ARE WHOM THEY PURPORT TO BE. YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS IN EXCHANGING DATA WITH STRANGERS AND YOU FURTHER ACKNOWLEDGE THAT YOU UNDERSTAND THE RISKS ASSOCIATED WITH MEETING PEOPLE OVER THE INTERNET OR THROUGH YOUR MOBILE DEVICE AND WITH DISCLOSING YOUR LOCATION TO OTHERS. YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND GEOME DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. CONTENT POSTED THROUGH THE GEOME SERVICE WILL CONTAIN UNEDITED CONTENT, SOME OF WHICH MAY BE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. GEOME HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH CONTENT. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE GEOME SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THIS SITE OR THE GEOME SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS REQUIRED BY APPLICABLE LAW, GEOME SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THIS SITE OR THE GEOME SERVICE.
Links This Site or the GEOME Service may provide, or third parties may provide, links to other Web sites or resources (except when stated otherwise in a contractual agreement with a third party). Because GEOME has no control over such sites and resources, you acknowledge and agree that GEOME 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 GEOME 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.
Indemnity You agree to indemnify, defend and hold harmless GEOME, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorneys' fees and costs) arising from your use of this Site or the GEOME Service, your violation of these Terms and Conditions or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. GEOME will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. These Terms and Conditions will inure to the benefit of GEOME s successors, assigns and licensees.
General Terms If there is any dispute about or involving this Site or the GEOME Service, you agree that the dispute shall be governed by the laws of Spain, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the courts of Spain. If, for whatever reason, a court of competent jurisdiction were to find any term or condition in these Terms and Conditions to be unenforceable, all other terms and conditions would remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Site and the GEOME Service is controlled and operated by GEOME. These Terms and Conditions, the GEOME Privacy Policy, and any and all other online policies promulgated by GEOME, constitute the entire agreement between GEOME and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. The failure of GEOME to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
Notice and Take Down Procedures; Copyright Agent If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting GEOME’s copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
GEOME’s agent for copyright issues relating to this web site is as follows:
Escofet Asociados
Rambla de Catalunya 135, 4-1
Barcelona 08008
In an effort to protect the rights of copyright owners, GEOME maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.
Open Positions on Career Pages GEOME may list open employment positions on this Site. Any such postings are for informational purposes only and are subject to change without notice. You should not construe any information on this Site or made available through this Site as an offer for employment. Nor should you construe anything on this Site as a promotion or solicitation for employment not authorized by the laws and regulations of your locale.
Other GEOME MAY, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE: (A) REVISE THESE TERMS OF SERVICE (INCLUDING ANY ONLINE POLICY BY POSTING SUCH AMENDMENTS ON THE SITE); (B) REVISE ITS BILLING RATES AND OTHER FEES(IF APPLICABLE); AND (C) MODIFY THE GEOME SERVICE. GEOME WILL POST ANY SUCH REVISION OR MODIFICATION TO THE SITE OR DELIVER IT TO YOUR MOBILE DEVICE, AND THE REVISION OR MODIFICATION WILL BE EFFECTIVE IMMEDIATELY UPON SUCH POSTING. YOU AGREE TO REVIEW THESE TERMS OF USE AND THE ONLINE POLICIES AS POSTED ON THE SITE PERIODICALLY TO BE AWARE OF ANY REVISIONS. YOU AGREE THAT, BY CONTINUING TO USE THE GEOME SERVICE FOLLOWING NOTICE OF ANY REVISION, YOU AGREE TO ABIDE BY ANY SUCH REVISION. IF YOU ARE DISSATISFIED WITH THE GEOME SERVICE OR ANY RELATED TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES, OR PRACTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GEOME SERVICE AND TERMINATE YOUR ACCOUNT.
