GeoBeats Terms of Use

Updated December 15, 2018

Welcome to GeoBeats! Before you use our website, you must read and agree to these Terms of Use and the following terms, conditions and policies, (collectively, the "Terms") and GeoBeats’ privacy notice, which is published at www.geobeats.com and which is incorporated herein by reference.

1. Acceptance of Terms of Use
   
   GEOBEATS,INC. PROVIDES THIS WEBSITE TO YOU, YOUR AGENTS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY “YOU OR “YOUR”), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN GEOBEATS AND YOU, AND YOU ACCEPT THEM BY: (a) USING THE WEBSITE IN ANY MANNER; AND/OR (b) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
   
   You should visit this page periodically to review Terms. GeoBeats at its sole discretion may modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions.
   
   GeoBeats.com and any and all websites owned and operated (including but not limited to sites with domain “geobeats.com” ) by GeoBeats (“Website”) includes without limitation: (a) content such as video, data, text, software, music, sound, photographs, graphics, messages, information You provide when You sign up to use Website, or other materials (“Content”) ; and (b) information on travel related attractions and places of interests (“Information”). GeoBeats is also an online networking service that enables Website members or users to create unique online pages and share blogs, create discussion forums, bulletin boards, bookmarks, and other content with the entire Website community, including other members and users. GeoBeats controls and operates its Website from various locations and makes no representation that this Website is appropriate or available for use in all locations. GeoBeats products and services may not be available in Your location and deliverables may vary among locations. If You are using the Website on behalf of Your principal, You represent and warrant that You are authorized to accept these Terms on Your principal’s behalf.
   
   
2. Your Obligations, Conduct and Website Access
   
   
1. GeoBeats hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal & non-commercial use; (ii) you will not copy or distribute any part of the Website in any medium without GeoBeats prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;, GeoBeats disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Content.; (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
   
   
2. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GeoBeats immediately of any breach of security or unauthorized use of your account. Although GeoBeats will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GeoBeats or others due to such unauthorized use.
   
   
3. GeoBeats enables you to upload, archive, post, publish, or otherwise transmit to Website text messages, tags, and other information, data, or material. You agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to GeoBeats or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
   
   
4. You agree that You will not use the Website to: (a) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (b) collect or store personal data about other users unless specifically authorized by such users.
   
   
3. Content Submitted to GeoBeats
   
   
1. In connection with Content that you upload directly or indirectly (through GeoBeats in any form or medium) to Website, you represent and warrant that: (i) you own, or have the necessary licenses, consents, permissions, and rights to use and to authorize GeoBeats to use, all copyright, trademark, patent, trade secret, and other proprietary rights in and to all such Content; and (ii) you have the written consent, release, and/or permission of every person identifiable in the Content to use their names and likenesses. Any Content You provide in connection with this Website shall be deemed to be provided on a nonconfidential basis. GeoBeats shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and You grant GeoBeats an irrevocable, worldwide, royalty-free, sublicenseable, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form).
   
   
2. In using the Website, you may access and be exposed to Content uploaded by others that is inaccurate, incomplete, indecent, offensive, or otherwise objectionable. Uploaded Content is the sole responsibility of the person who uploaded it. You will not hold GeoBeats responsible for the actions or inactions of members, bloggers, or users. Any opinions, statements, advice, offers, services, or other information or material expressed or made available in or through uploaded Content are those of the respective author(s) of such Content and not of GeoBeats. GeoBeats does not routinely pre-screen, edit, review or monitor Content, but GeoBeats and its designees reserve the right to monitor, restrict access to, edit or remove any Content that is available via the Website. If GeoBeats is notified by a user or member that Content posted on Website allegedly does not confirm to this Agreement, GeoBeats may investigate the allegation and determine in good faith, in its own discretion, whether to remove or block access to such content. GeoBeats has the right (but not the obligation), in its sole discretion, to remove, relocate, change from public to private, or otherwise block or restrict any uploaded Content at any time, with out without notice, and without liability.
   
   
4. Indemnity
   
   You agree to defend, indemnify and hold GeoBeats and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Content, Your use of or connection to the Website (including any use by You on behalf of Your principal), Your violation of the Terms, or Your Violation of any rights of another.
   
   
5. Advertisements and Promotions
   
   GeoBeats runs advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than GeoBeats found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that GeoBeats will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-GeoBeats advertisers on the Website.
   
   
6. Content Provided Via Links
   
   You may find links to other Internet websites or resources on the Website provided by independent third parties (“Third Party Sites”), either directly or through frames. You acknowledge and agree that GeoBeats 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. If you purchase products or services from a Third Party Site your contract for such products or services will be with the third party and not with GeoBeats. GeoBeats will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss 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.
   
   Website contains advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Website complies with international and national laws. GeoBeats will not be responsible for any error or inaccuracy in advertising or sponsorship material.
   
   
7. Intellectual Property Rights
   
   
1. Except as expressly authorized by GeoBeats or by Content providers, You agree not to reproduce, copy, alter, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Website. You acknowledge that GeoBeats owns all right, title and interest in the Website, including without limitation all intellectual property rights ( the “GeoBeats Rights”), and such GeoBeats Rights are protected by U.S. and international intellectual property laws. The GeoBeats Rights do not include third-party content used as part of the Website, including the content of communications appearing on the Website. 
   
   
2. “GeoBeats Trademarks” means all names, marks, brands, logos, videos, interactive features, designs, trade dress, slogans and other designations GeoBeats uses in connection with its products and services. You may not remove or alter any GeoBeats Trademarks, or co-brand your own products or material with GeoBeats Trademarks, without GeoBeats’ prior written consent. You agree not to incorporate any GeoBeats Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
   
   
3. GeoBeats is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Website or your intellectual property rights have been otherwise violated, please contact our copyright agent, with all pertinent information and identification of the copyrighted work claimed to have been infringed, as described in our copyright agent website located at https://www.geobeats.com and to attention of Copyright Agent, GeoBeats, Inc. at 9049 Shady Grove Court Gaithersburg, MD 20877 (USA).
   
   
4. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
   
   
8. DISCLAIMER OF WARRANTIES
   
   
1. THE GEOBEATS CONTENT IS ONLY FOR YOUR GENERAL INFORMATION AND USE AND IS NOT INTENDED TO ADDRESS YOUR PARTICULAR REQUIREMENTS. IN PARTICULAR, THE GEOBEATS CONTENT DOES NOT CONSTITUTE ANY FORM OF ADVICE, RECOMMENDATION, REPRESENTATION, ENDORSEMENT OR ARRANGEMENT BY GEOBEATS AND IS NOT INTENDED TO BE RELIED UPON BY USERS IN MAKING (OR REFRAINING FROM MAKING) ANY SPECIFIC DECISION OR OTHER DECISIONS. ANY AGREEMENTS, TRANSACTIONS, OR OTHER ARRANGMENTS MADE BETWEEN YOU AND ANY THIRD PARTY NAMED ON (OR LINKED TO/ FROM) GEOBEATS WEBSITES ARE AT YOUR SOLE RISK AND RESPONSIBILITY.
   
   
2. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND CONTENT AVAILABLE THROUGH GEOBEATS WEBSITES IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
   
   
3. WE DO NOT PROVIDE ANY WARRANTY THAT WEBSITE IS FREE FROM INFECTION BY VIRSUS OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTIG FROM COMPUTER VIRUSES. GEOBEATS MAKES NO REPRESENTATION OR GUARANTEE THAT THE WEBSITE WILL BE FREE FROM LOSS, DAMAGE, DESTRUCTION, CORRUPTION, INTERFERENCE, VIRUSES, WORMS, BUGS, TROJAN HORSES, ATTACKS, HACKING, OR OTHER SECURITY BREACHES; AND GEOBEATS DISCLAIMS ANY LIABILITY RELATING THERETO.
   
   
4. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE WEBSITE.
   
   
5. LIMITED WARRANTY: WHAT WE CAN GUARANTEE; GEOBEATS SHALL DEVELOP AND OPERATE WEBSITE WITH REASONABLE SKILL AND CARE AND HAS REASONABLE SECURITY PROCEDURES IN PLACE. 
   
   
9. OUR LIABILITY EXCLUSION
   
   
1. GEOBEATS AND ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, OFFICERS AND LICENSORS WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF GEOBEATS SITES FOR ANY LOSSES WHICH RELATE TO YOUR BUSINESS OR WHICH ARE NOT A DIRECT CONSEQUENCE OF YOUR USE OF WEBSITE (INCLUDING LOST PROFITS OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA), OTHER INTANGIBLE LOSSES, OR WHICH ARISE AS A RESULT OF YOUR USING GEOBEATS.COM OUTSIDE THE SCOPE OF GEOBEATS TERMS AND CONDITIONS. YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING YOUR OWN PERSONAL BACKUP OF ANY OF YOUR CONENT UPLOADED TO WEBSITE.
   
   
2. IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT GEOBEATS WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF WEBSITE.
   
   
3. YOU ALSO ACKNOWLEDGE THAT GEOBEATS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE ILLEGAL, OFFENSIVE, OR DEFAMATORY CONDUCT OF ANY THIRD PARTY
   
   
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GEOBEATS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
   
   
5. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE INTERACTION WITH ANY OTHER USERS. MEMBERS, OR BLOGGERS. BLOGGERS OR USERS ALSO ACKNOWLEDGE THAT ATTIBUTION MAY NOT BE GIVEN TO THEM FOR THEIR UPLOADING OF CONTENT, CONTRIBUTION OR INTERACTION WITH MEMBERS OR USERS OF THE WEBSITE. IF THE MEMBERS, USERS OR BLOGGERS WANT US TO DELETE OR MODIFY ANY MATERIAL UPLOADED OR CONTRIBUTED BY THEM, GEOBEATS MAY CONSIDER DOING IT BUT SHALL BE UNDER NO OBLIGATION TO DO SO AND GEOBEATS WILL MAKE THE DECISION IN ITS SOLE DISCRETION AS DEEMED APPROPRIATE BY GEOBEATS. IF YOU HAVE A DISPUTE WITH ONE OR MORE MEMBERS, BLOGGERS OR USERS, YOU RELEASE GEOBEATS FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF IN ANY WAY CONNECTED WITH SUCH DISPUTE.
   
   
10. GENERAL TERMS
    
    
1. The Terms constitute the entire agreement between You and GeoBeats relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized GeoBeats representative. You also may be subject to additional terms and conditions that may apply when You use GeoBeats or third-party products or services.
   
   
2. You agree that any material breach of the Terms will result in irreparable harm to GeoBeats for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, GeoBeats will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if GeoBeats seeks such an injunction.
   
   
3. You affirm that you at least 18 years of age and are fully competent to make representation and enter into the Terms. If you are under 13 years of age, please do not use the GeoBeats Website. We do not knowingly collect any personally identifiable information from children under the age of thirteen. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen, we will delete such information from our records.
   
   
4. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended to be created with any user, member, or blogger on this Website. Except as otherwise expressly provided in this Agreement, there may not be any third-party beneficiaries to this Agreement.
   
   
5. You acknowledge that Website may include own or third party advertisements and that these advertisements are necessary for GeoBeats to provide its services. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Website, you acknowledge and agree that GeoBeats has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode, frequency, content and extent of advertising on Website are subject to sole discretion, decision and judgment of GeoBeats.
   
   
6. You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. 
   
   
7. Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
   
   
8. Website offers “Embed Video”, “GeoBeats Player” and any other such features that permit its business partners, users, members, or bloggers to play or run GeoBeats’ videos on their websites. You agree and acknowledge that the use of these features is subject to and in conformity with Terms of Service.
   
   
9. By using the Website, you agree that the it shall be deemed solely based in District of Columbia, and the Website shall be deemed a passive Website that does not give rise to personal jurisdiction over GeoBeats, either specific or general, in jurisdictions beyond District of Columbia. District of Columbia, Washington, law and controlling U. S. federal law govern any action related to the Terms and/or Your use of the Website. Choice of law rules of any jurisdiction and the United Nations convention on contracts for the international Sale of Goods will not apply to any dispute under the Terms. You and GeoBeats agree to submit to the personal and exclusive jurisdiction of the courts located within the District of Columbia (Washington), U. S. A.
   
   
10. Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
    
    
11. The section titles in Terms are for convenience only and have no legal or contractual effect.