Please read these Terms of Service (“Terms of Service”) carefully. These Terms of Service are a legally binding agreement between you and Geoslideshow, Inc. (“Geoslideshow” or “we”).
The Service is intended solely for persons who are 13 or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. By using the Service, you represent and warrant that you are 13 or older. If you are under 13 years of age, please do not use the Service.
(a) The Service and any text, images, graphics, sounds, music, videos, maps, audiovisual presentations, data, and other materials which is available on or through the Service (the “Content”) may be protected by intellectual property and other laws of the United States and foreign countries. Except as expressly provided, Geoslideshow and its licensors reserve all right, title and interest in and to the Service and the Content, including all associated intellectual property rights.
(b) You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or the Content.
(c) We reserve the right, in our sole discretion, to modify, discontinue or terminate any part of the Service or the Content at any time without prior notice. You agree that we shall not be liable to you or any third party for any such modification, discontinuance or termination. In addition, we reserve the right to terminate your access to any part of the Service or the Content for any reason at any time.
Geoslideshow hereby grants you permission to access and use the Service and the Content, subject to these Terms of Service, provided that:
(a) You may access them for your information and personal use only, and solely as intended through the provided functionality of the Service and as permitted under these Terms of Service.
(b) Unless expressly permitted, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service or the Content without Geoslideshow’s prior written authorization, unless to the extent Geoslideshow makes available the means for embedding any part of the Service or the Content.
(c) Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service or the Content.
(d) Unless expressly permitted, if you embed any part of the Service or the Content, you may not alter, modify or block any portion or functionality of the embedded part, including, without limitation, any advertising materials and any links back to the Geoslideshow website.
(e) You agree not to access, or attempt to access, the Service or the Content through any automated means, including without limitation, robots, crawlers, spiders or offline readers.
(f) You agree not to decipher, reverse engineer, decompile or disassemble the Service or the Content, or the software used to provide the Service or the Content, in whole or in part, or authorize a third party to do so.
(g) You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service or the Content, or any portion thereof.
(h) You agree not to access, tamper with, or use non-public areas of the Service, Geoslideshow’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Geoslideshow’s providers.
(i) You agree not to use or access the Service or the Content for any commercial purpose, including, without limitation, the sale of advertising, sponsorships or promotions.
Notwithstanding the above, any Content that is made available in connection with the Service pursuant to the terms and conditions of third party licensors of such Content (including, without limitation, the “Creative Commons” or other similar licenses) shall be licensed solely pursuant to such terms and conditions, and the above terms and conditions shall not apply to the extent inconsistent with or contrary to such third party terms and conditions.
If and to the extent that you elect to submit any Content to the Service, Geoslideshow does not claim ownership of Content you submit or make available for inclusion on the Geoslideshow Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Geoslideshow Services, you grant Geoslideshow the following worldwide, royalty-free and non-exclusive license(s), as applicable:
(a) You agree that you are solely responsible for, and assume all liability and consequences regarding, the Content you submit.
(b) With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Geoslideshow Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Geoslideshow Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Geoslideshow Services and will terminate at the time you remove or Geoslideshow removes such Content from the Geoslideshow Services.
(c) With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Geoslideshow Services, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Geoslideshow Services are those areas of the Geoslideshow network of properties that are intended by Geoslideshow to be available to the general public. By way of example, publicly accessible areas of the Geoslideshow Services would include Geoslideshow public links that are open to both members and visitors.
(d) You represent and warrant that you either are the sole and exclusive owner of all Content that you submit to the Service, or you have all rights, licenses, consents and releases that are necessary to grant to Geoslideshow the rights in such Content as contemplated under these Terms of Service.
(e) You represent and warrant that neither the Content you submit to the Service nor your accessing, posting, submission or transmittal of such Content or Geoslideshow’s exploitation of such Content (or any portion thereof) pursuant to the rights granted to Geoslideshow under these Terms of Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, or result in the violation of any applicable law or regulation.
(f) You agree not to submit Content that: (1) is defamatory, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by Geoslideshow in its sole discretion; or (2) introduces viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code.
We welcome and encourage you to provide feedback, comments and suggestions to us regarding the Service (“Feedback”). You hereby agree that all Feedback provided to us will be the sole and exclusive property of Geoslideshow and you hereby irrevocably sell, convey, transfer and assign to Geoslideshow all of your right, title, and interest in and to all Feedback, including, without limitation, all patent rights, copyright rights, trade secret rights, moral rights, and other intellectual property or proprietary rights therein, anywhere in the world. At Geoslideshow’s request and expense, you will execute documents and take such further acts as Geoslideshow may reasonably request to assist Geoslideshow in acquiring, perfecting, and maintaining its intellectual property rights and other legal protections for the Feedback.
The Service and/or the Content contains links to third party web sites. These links are provided to you as a convenience, and Geoslideshow is not responsible for the content of any linked website. Geoslideshow does not endorse or accept any responsibility or liability for the content or use of such linked websites. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Geoslideshow of that third party or of any product or service provided by a third party.
THE SERVICE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT YOUR USE OF THE SERVICE AND THE CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GEOSLIDESHOW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, IN CONNECTION WITH THE SERVICE, THE CONTENT, AND YOUR USE THEREOF. GEOSLIDESHOW MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE OR THE CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE OR THE CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TIME-BOMBS, WORMS, CANCELBOTS, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE OR THE CONTENT BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. GEOSLIDESHOW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GEOSLIDESHOW WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
You agree to defend, indemnify, and hold Geoslideshow, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (i) any Content you submit to the Service, (ii) your access to or use of the Service, or the Content, or (iii) your violation of these Terms of Service.
IN NO EVENT SHALL GEOSLIDESHOW, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT, THE SERVICE, OR ANY CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF GEOSLIDESHOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN NO EVENT SHALL GEOSLIDESHOW’S AGGREGATE LIABILITY ARISING OUT IN ANY WAY RELATING TO THIS AGREEMENT, THE SERVICE, OR ANY CONTENT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION IS CUMULATIVE AND NOT PER CLAIM.
These Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns, provided that you may not assign or transfer these Terms of Service, by operation of law or otherwise, without Geoslideshow’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Geoslideshow may freely assign these Terms of Service.
If you have any questions about these Terms of Service, please contact Geoslideshow at: terms(at)geoslideshow.com.
© Copyright 2012 Geoslideshow, Inc.
Last Updated: July 14, 2012