Your acceptance of these Terms is required in order for you to access and use the GeoView Solution. By registering with GeoView, or by using the GeoView Solution in whole or in part, you are entering into a legally binding agreement with us.
Please read these Terms carefully. If you do not agree to these Terms, you cannot use the GeoView Solution. We reserve the right at our discretion to propose modifications to these Terms periodically. We will notify you of such changes via an email sent to the email address we have on file for you or via other notification mechanisms. Your continued use of and access to the GeoView Solution after notice of such modifications indicates your acceptance of, and agreement to the modified Terms. If you violate any of these Terms, your permission to use the GeoView Solution automatically terminates, unless such violation is waived by us in writing in our sole discretion.
You acknowledge that use of the GeoView Solution requires connection to, and data transfers over, the network and therefore may impact your data usage charges imposed by your wireless operator or other service provider. It is your responsibility to obtain at your cost all equipment, software and internet access necessary to use the GeoView Solution.
“Software”: GeoView Server, GeoView WebClient, GeoView Desktop StandAlone, GeoView for AutoCAD (and it’s verticals) and GeoView Mobile.
“Commercial Use”: any commercial activity, including: (a) charging for access to the Service or Content or for the Service’s functionality or data directly or indirectly; (b) utilizing the Service in any commercial website or application or in support of any commercial for-profit activity, or in support of the operations of any for-profit business; and (c) emulating or framing the Service and passing it off as your own.
“Content”: images, maps, photos, video, audio, documents, edits, variations, layers, notes, messages, polls, queries, posts, comments, signals, votes, ratings, rankings, and any other text, content, information or data, including Metadata, created, derived from or accessible via use of the GeoView Solution, or otherwise made available by and to GeoView Users, including any of the foregoing provided by a GeoView User or by us.
“GeoCrew”: GeoCrew bvba, a private limited liability company under the laws of Belgium. In these Terms, GeoCrew is referred to by “us”, “we” or “our”, as applicable.
“GeoView Solution”: the Software, the Sites and the Services.
“GeoView User”: you or any other user of the GeoView Solution.
“Metadata”: data and information associated with or related to Content, including numerical latitude or longitude or similar coordinates, imagery, data derived from within images and video’s or any other medium (such as without limitation street signs, landmarks, building names, etc.), and data generated by the capture of images (such as without limitation geolocation, time and date, network and system information, precision, quality, etc.).
“Services”: the services, features, application programming interfaces (APIs), and functionality accessible via use of the GeoView solution, including functionality for the provision, modification, display, and management of Content.
“You” or “your”: the individual using the GeoView Solution, or clicking “accept” or “agree” where indicated, and thereby becoming bound by these Terms, and the company or other legal entity represented by such individual, or for whom such individual uses the GeoView Solution, and all affiliates thereto.
1. ACCESS AND LICENSED RIGHTS
1.1 GeoView Solution Access. Subject to your compliance with these Terms, we hereby grant to you, solely for your own Use: (a) access to the GeoView Solution and (b) rights to Content displayed by us under license terms that we specify from time-to-time .
2. TERMS APPLICABLE TO CONTENT
2.1 Specific Prohibited Uses. You will not (a) use the GeoView Solution in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including Metadata; (b) delete, obscure, or in any manner alter any message, warning or link that appears in the GeoView Solution or the Content; (c) use the GeoView Solution or Content in whole or in part with any products, systems, or applications for or in connection with (i) real-time navigation or route guidance, including but not limited to turn-by-turn route guidance that is synchronized to the position of a user’s sensor-enabled device; or (ii) any systems or functions for automatic or autonomous control of vehicle or device behavior; or (d) use the GeoView Solution or Content to create a database of places or other local listings information, except as expressly permitted by us as described on the Site.
2.2 Propriety of Content. All Content, whether publicly posted on or privately transmitted within private groups, is the sole responsibility of the GeoView User from which such Content originated. No GeoView User will transmit Content or otherwise conduct or participate in any activities on or via the GeoView Solution which, in our sole judgment, is likely to be prohibited by law, or is violative or in breach of third party rights in any applicable jurisdiction, including without limitation laws governing libel and defamation, encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content, or otherwise engage in any activity in connection with the GeoView Solution, that (a) is hateful, offensive, libelous, defamatory, obscene, abusive, pornographic, lewd, erroneous, stalking, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) constitutes infringement of the intellectual property rights of any party, including rights to the use of name and likeness, or violation of a right of privacy; (d) creates an impression that is incorrect, misleading, or deceptive, including without limitation by impersonating others or by otherwise misrepresenting identity or affiliation with a person or entity; or (e) divulges other people’s private or personally identifiable information without their express authorization and permission. You represent and warrant that all Content you submit is accurate and not misleading to the best of your knowledge, is not confidential or privileged, and is not in violation of third party rights. We may, in our sole discretion, terminate the Services as to any Content that we believe in our sole judgment is not in compliance with these Terms. We may preserve and disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or safety of GeoView, GeoView Users and/or the public.
2.3 Use of Content. Each GeoView User, by using the GeoView Solution, may be exposed to Content that is offensive, indecent, objectionable, illegal, infringing, false or erroneous. Each GeoView User must evaluate, and will bear all risks associated with, the use of any Content, including any reliance on the quality, integrity, accuracy, completeness, or usefulness of such Content. We may refuse or delete any Content, including Content of which we become aware that fails to fulfill the purpose of the Services, is in breach of these Terms, is otherwise contrary to law, or is otherwise inappropriate in our discretion. We do not guarantee the accuracy, integrity or quality of any Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, liability for any errors, inaccuracies, or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content. We will have no obligation or liability to you or any GeoView User to maintain, store, or license Content, protect and maintain Content owners’ intellectual property rights, or to enforce these Terms. You hereby waive and release any claims you may have against us arising or resulting from use or misuse of Content or your inability to effectively use Content, your failure to comply with these Terms, or for any act, omission, or conduct of any GeoView User.
2.4 Third Party Sites. The GeoView Solution, GeoView Users, or a third party may provide links to other websites or login access via such links. Such links will not be construed as an endorsement, sponsorship, or affiliation by us. We exercise no control over such other websites and web-based resources and are not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. We will not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection such other sites and resources.
3. SOLUTION INTEGRITY
3.1 Prohibited Uses. You will not use the GeoView Solution in any manner that could damage, disable, overburden, or impair any GeoView-controlled server, or the network(s) connected to any such server, or interfere with any other party’s use and enjoyment of the GeoView Solution, including without limitation falsifying or altering Content posted by others except via normal and intended operation of the Software. You may not attempt to gain unauthorized access to other accounts, computer systems or networks connected to any of our servers, including through hacking, password mining or any other means, or exploit bugs or vulnerabilities in the GeoView Solution.
You are prohibited from violating or attempting to violate any security features of the GeoView Solution, including, without limitation, (a) accessing Content not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the GeoView Solution, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with Services to any GeoView User, user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) using the Site or Service to send unsolicited email or messages, including, without limitation, promotions, or advertisements for products or services; (e) publishing or linking to malicious Content intended to damage or disrupt another GeoView User’s browser or computer or to compromise a GeoView User’s privacy or anonymity; (f) forging any TCP/IP packet header or any part of the header information in any email or in any posting; (g) accessing or tampering with non-public areas of the Site or Service, our computer systems, or the technical delivery systems of our providers; (h) accessing or searching or attempting to access or search the GeoView Solution by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by us (and only pursuant to these Terms), unless you have been specifically allowed to do so in a separate agreement with us; (i) deep-linking to the Site for any purpose (ie, posting a link to a Site web page other than the home page) except as otherwise expressly permitted by us on the Site; or (j) removing or obscuring any form of advertising or displayed via the GeoView Solution.
3.2 No Harvesting or Crawling. You will not engage in harvesting or other collection of information about other GeoView Users, including email addresses, without our prior and each such GeoView User’s prior written consent. You agree not to “crawl” the GeoView Solution or use or launch any automated system, including without limitation, “robots”, “spiders”, etc. that accesses the GeoView Solution or pulls Content therefrom (other than those used by public search engine providers for the sole purpose of creating publicly available searchable indices.
3.3 No Framing. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services on the Site. The Site and Services are for your own Use only, except as may otherwise be agreed by us in a separate signed writing. Without limiting the generality of the foregoing, you will not publish, distribute or transmit to the general public via any medium, whether via print, online, or otherwise, the Content (other than your own) or Services, except through the Site or as otherwise authorized by these Terms or by us, you will not engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the GeoView Solution, and you will not send messages purporting to be from us. You will not remove or attempt to obscure any copyright, trademark or other proprietary rights notices contained in or on the Site or associated with the Services, including ours and our licensors.
3.4 Notifications to Us. If you believe that you are entitled or obligated to act contrary to these Terms under any mandatory or applicable law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least thirty days before you so act, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
3.5 Notifications to You. For purposes of service messages and notices about the Services to you, we may place a banner notice across Site pages to alert you to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you in relation to your account and otherwise in relation to these Terms through your account or through other contact information you have provided to us, including email, mobile number, telephone, or delivery services including the postal service. You acknowledge and agree that we will have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Software. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3.6 Network Security Risks. Because no online system is perfectly secure or reliable, the internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured, you accept security risks associated with or arising from your use of the GeoView Solution, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
4. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
4.1 Disclamer. EACH GEOVIEW USER’S USE OF THE GEOVIEW SOLUTION AND CONTENT IS AT HIS OR HER SOLE RISK. THE GEOVIEW SOLUTION AND CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY, CURRENCY, TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE OR DISPLAY ANY CONTENT, GEOVIEW USER COMMUNICATIONS, PERSONALIZATION SETTINGS, OR OTHER INFORMATION OR DATA. EACH GEOVIEW USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM AND WE WILL HAVE NO LIABILITY FOR ANY LOSS OF PROFIT, OPPORTUNITY, REVENUE, ADVANTAGE, INFORMATION OR DATA THAT RESULTS FROM USE OF THE GEOVIEW SOLUTION OR CONTENT. TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Specifically, we make no warranty that (a) the GeoView Solution will meet your requirements, goals or needs, (b) GeoView Solution access will be uninterrupted, timely, secure or error-free, or (c) any errors or deficiencies in the GeoView Solution will be corrected. Further, scheduled and preventive maintenance, required and emergency maintenance work, or disruption of services from internet service and hosting providers, may interrupt the functioning of or access to the GeoView Solution.
4.2 Liability Limitation. EXCLUDING ONLY DAMAGES ARISING OUT OF OUR LIABILITY FOR OUR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR ANY OTHER LOSS FOR WHICH WE CANNOT LAWFULLY EXCLUDE LIABILITY, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR INABILITY TO USE THE GEOVIEW SOLUTION; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED DISPLAY, ACCESS TO OR DELETION OR ALTERATION OF CONTENT, INFORMATION OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR ANY OTHER MATTER RELATING TO US, OR THE GEOVIEW SOLUTION. EXCLUDING ONLY OUR LIABILITY FOR OUR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR ANY OTHER LOSS FOR WHICH WE CANNOT LAWFULLY LIMIT LIABILITY, ANY LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED IN THE AGGREGATE TO THE GREATER OF €5.00. The foregoing limitations and exclusions apply to the maximum extent permitted by applicable law.
4.3 Indemnification. You agree to defend, indemnify, release and hold harmless us, our suppliers, and all officers, directors, employees, consultants, agents, and representatives of any of the foregoing (collectively “Protected Parties”) in full from and against any and all claims (including third party claims), losses, liability, damages, and/or costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with: (a) your unauthorized access to or use of, the GeoView Solution, (b) your breach of these Terms, (c) your conduct on or through the GeoView Solution, or (d) your infringement, or infringement by any other user of your account, of any intellectual property rights or other rights of any person or entity. Further, in the event you have a dispute with one or more GeoView Users, you hereby release the Protected Parties from claims, demands and damages (actual, direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseeable and unforeseeable, arising out of or in any way connected with such disputes.
FOR CALIFORNIA, USA RESIDENTS: You further agree that these Terms waive and release any claims that would otherwise be preserved by operation of section 1542 of the California Civil Code, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You understand that you are releasing us from all claims, whether known or unknown to you, and whether or not you suspect that those claims may exist at this time.
5. GENERAL PROVISIONS
5.1 Force Majeure. Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will give rise to any claim against such party or be deemed to be a breach of this Agreement if and for as long as such failure or omission arises from any cause beyond the reasonable control of that party.
5.2 Service Discontinuance/Modification. We may from time to time modify or discontinue access to, temporarily or permanently, the Solution or any Service thereon (or any part, feature, or functionality thereof, as well as internal rules of operation, eligibility, pricing, gamification, visibility to or accessibility of the public, and other aspects). We will not be liable for any such modification, suspension or discontinuance, even if certain features or functions, your settings, and/or any Content you have contributed or have come to rely on, are permanently lost.
5.3 License Termination. We may terminate your or any other GeoView User’s license for cause, including without limitation for: (a) violation of these Terms; (b) abuse of GeoView resources or any attempt to gain unauthorized entry to the GeoView Solution; (c) use of the Solution or any Service in a manner inconsistent with the purpose of the Services; (d) such GeoView User’s request for such termination; or (e) requirements of or for failure to comply with applicable law, regulation, court or governing agency order, or ethical requirements. We may in addition terminate the availability of the GeoView Solution for our own business reasons, including if we elect to cease being in the business of providing it. Our termination of any GeoView User’s license to the GeoView Solution may be without notice and, on such termination, we may immediately deactivate or delete any GeoView User’s license, and/or bar any further access to the Software and Services. We will not be liable for any termination of GeoView User’s access to the Software or Services. After license termination, you will not attempt to apply for a new license without our permission.
5.4 US Government Restricted Rights. Services are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Solution and related materials by the U.S. Government constitutes acknowledgment of our proprietary rights.
5.5 Trademarks. You are granted no right, title or license to any third party trademarks by these Terms, or to any of our trademarks or servicemarks. We reserve all right, title and interest in and to our trademarks, servicemarks, trade names, trade dress, domain names, and similar identifiers, including without limitation GeoView .
5.6 US DMCA. If you believe that your work has been copied and is accessible via the GeoView Solution in a way that constitutes copyright infringement in the United States, you may notify us by providing our copyright agent with the following in writing: (a) identification of the copyrighted work that you claim has been infringed; (b) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (c) your name, address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. The above writing must be electronically or physically signed by you. If we receive such a claim, we may refuse or delete Content, or terminate a GeoView User’s license in accordance with these Terms.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 (GeoView DMCA Agent) can be contacted via firstname.lastname@example.org. In addition to forwarding your notice to the person who provided the allegedly illegal Content, we may send a copy of your notice (with your personal information removed) to Chilling Effects (https://chillingeffects.org/) for publication and/or annotation. A link to your published notice will be displayed in place of the removed Content. We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a GeoView User’s license if the GeoView User is determined to be a repeat infringer.
5.7 Governing Law. These Terms, the GeoView Solution, Content, and any disputes related to or concerning any of the foregoing (including tort as well as contract claims, and whether pre-contractual or extra-contractual), will be governed by and settled in accordance with the laws of Belgium, notwithstanding the choice of laws rules of any jurisdiction to the contrary. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or the GeoView Solution, must be filed within (six) 6 months after such claim or cause of action arose, or be forever barred.
5.8 Dispute Resolution. Any disputes between or claims brought by you or us arising out of or related to these Terms, the GeoView Solution, (including tort as well as contract claims, and whether pre-contractual or extra-contractual, as well as the arbitrability of any disputes) will be referred to and finally settled by binding arbitration before the International Court of Arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (“ICC”) in effect at the time of arbitration except as inconsistent with this section. The arbitration will be conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. If in-person appearance is required, such hearings will be held in Ghent, Belgium unless another location is mutually agreed upon by the parties. In all such cases, the arbitration will be administered by the ICC in accordance with their applicable rules. The arbitrator will apply the law specified in section 5.7 above. All awards may if necessary be enforced by any court having jurisdiction. The existence of any dispute, the existence or details of the arbitration proceeding, and all related documents, materials, evidence, judgments and awards therein, will be kept confidential. Except as required by law, no party will make any public announcements with respect to the proceeding or the award, except as required to enforce same. The parties hereby waive the right to a trial by jury and agree to only bring claims in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Notwithstanding the foregoing, nothing in this section will preclude the right and ability to file and maintain at any time an action for recovery of injunctive or provisional relief in any court of competent jurisdiction under the laws applicable thereto. All claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using arbitration in accordance with this section. Should either party file an action contrary to this section, the other party may recover lawyers’ fees and costs, provided that the party seeking the award has notified the other party in writing of the improperly filed claim, and the other party has failed to withdraw the claim.
5.9 Assignment. These Terms will not be assigned, delegated, or transferred by you, in whole or in part, whether voluntary, involuntary, by merger, consolidation, dissolution, sale of assets, or otherwise, without our prior written consent. Any such purported assignment, delegation or transfer without such written consent will be void. We may at any time assign these Terms without prior consent or notice. These Terms will be binding on, and inure to the benefit of, the parties and their respective and permitted successors and assigns.
5.10 Injunctive Relief. You acknowledge and agree that breach of these Terms, or any unauthorized use, disclosure or distribution of the GeoView Solution, may cause irreparable harm to us, the extent of which would be difficult to ascertain, and that we will be entitled to seek immediate injunctive relief (in addition to any other available remedies), in any court of competent jurisdiction under the applicable laws thereto.
5.11 Belgium-Based Solution. The GeoView Solution is controlled by GeoCrew bvba from its offices in Belgium. We make no representation that the GeoView Solution is appropriate for use in other jurisdictions. Your use of or access to the Solution will not be construed as our purposefully availing ourselves of the benefits or privileges of doing business in any other country, state or jurisdiction other than Belgium.
5.12 General. The Terms constitute the entire agreement between us and govern each GeoView User’s use of the GeoView Solution, superseding any prior agreements. Each GeoView User may be subject to additional terms and conditions that may apply when that GeoView User uses affiliate services, third party content or third party software. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. No waiver of any provision of these Terms will be deemed a further waiver or continuing waiver or such provision or any other provision, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Nothing herein will be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and any user or other person or entity, nor do these terms extend rights to any third party. The parties hereto confirm that they have requested that these Terms and all attachments and related documents, if any, be drafted in English.
end of Terms
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