Please read this Agreement carefully before accessing or using the Sites or Services. By accessing or using any part of the Services, you agree to become bound by the terms and conditions of this agreement. Services offered through the Sites may be subject to additional terms and conditions that we issue from time to time, including but not limited to a end user license agreement; your use of such Services is subject to these terms and conditions, which we incorporate into these Terms by this reference. If you do not agree to all the terms and conditions of this agreement, then you may not access the Sites or use any Services. If these terms and conditions are considered an offer by GeoRun, acceptance is expressly limited to these terms.
The Services are available only to individuals who are at least 16 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract and that all registration information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer the Service to any person or entity and to change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
GeoRun reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Sites and Services following the posting of any changes to this Agreement constitutes acceptance of those changes. GeoRun may also, in the future, offer new services and/or features through the Sites (including, the release of new tools, resources and applications). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Availability Sites and access Services
We reserve the right to change or discontinue, or restrict or block access to, any aspect of the Sites or your GeoRun account at any time. Although we generally intend for the Sites to be available 24/7, it will not be available during maintenance, changes and outages and may not be available for other reasons. We are not responsible for providing customer support, bug fixes, documentation, or any other support for the Sites. We cannot guarantee availability of the Sites to any user. Subject to these Terms, we may offer to provide the Services, as described more fully on the Site, and which you select, solely for your own use and not for the use or benefit of any third party. Services shall include, but not be limited to, any services we perform for you, any applications or widgets we offer that you download from the Site or from GeoRun-authorized third-party application stores (such as iTunes store Google Play® or Windows Marketplace), as well as any materials displayed or performed on or through the Sites or the Services (including Content, as defined below).
Responsibility of Contributors
If you operate an account, comment on an account, post material to the Services, post links on the Services, or otherwise make (or allow any third party to make) material available by means of the Services (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics and interactive features we (or our partners) generate, provided or otherwise made accessible on or through the Site or Service.
By making Content available, you represent and warrant that:
We do not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the Service. We have no obligation to monitor the Site, Service, Content or User Submissions. We reserve the right to:
You shall abide by all applicable local, state, national and international laws and regulations. It is not allowed to modify, translate or otherwise create derivatives work of any part of the Sites or Services, neither it is allowed to copy, rent, lease, disctribute or otherwise transfer the Sites or Services, or any of the rights that you receive under this agreement. Accessing the Sites or Services to develop any software or technology that has the same primary function as GeoRun Services is not allowed.
The Services contain Content of GeoRun ("GeoRun Content"). GeoRun Content is protected by copyright, trademark, patent, trade secret and other laws, and GeoRun owns and retains all rights in the GeoRun Content and the GeoRun Services. GeoRun hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the GeoRun Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Services.
The Services contain content of Users and other GeoRun licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Services.
As GeoRun asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by GeoRun violates your copyright, you are encouraged to notify GeoRun. GeoRun will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. GeoRun will terminate a visitor’s access to and use of the Site or Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of GeoRun or others. In the case of such termination, GeoRun will have no obligation to provide a refund of any amounts previously paid to GeoRun.
By operating the Sites and Services, GeoRun does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site or Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. GeoRun disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
User Submissions and Proprietary Rights
GeoRun has not reviewed, and cannot review, all of the material users add, create, upload, submit, distribute or post (“Submitting”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics or other information to the Site or otherwise through the Service (collectively, the “User Submissions”), and cannot therefore be responsible for that material’s content, use or effects.
By Submitting user submissions on the Site or via Services, you acknowledge that you are publishing publicly and might be identified by your User Name in association with that User Submission. GeoRun does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials of Content that you post on or through the GeoRun Services. By displaying or publishing ("posting") any Content on or through the Services, you hereby grant to GeoRun a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the GeoRun Services. GeoRun performs technical functions necessary to offer the Services, including but not limited to transcoding and/or reformatting User Submissions to allow its use throughout the Services.
You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site or Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Services. You also grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.
Some of the GeoRun’s Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that GeoRun may place such advertising and promotions on the Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
Removal of data
If you delete Content, GeoRun will use reasonable efforts to remove it from the web, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, GeoRun has the right (though not the obligation) to, in GeoRun’s sole discretion (i) refuse or remove any content that, in GeoRun’s reasonable opinion, violates any GeoRun policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in GeoRun’s sole discretion. GeoRun will have no
GeoRun may terminate your access to all or any part of the Sites and Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your GeoRun account (if you have one), you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Sites and Services are provided “as is”. GeoRun and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither GeoRun nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Sites or Services at your own discretion and risk. We will not be responsible or liable for the accuracy, copyright, compliance, legality or decency of material contained in or accessed through the Sites or Services. Neither do we take responsibility for the effects that Content might have on you or your you interpret or use that Content.
You agree to indemnify and hold harmless GeoRun, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Sites, Services, Content or otherwise from your user Submissions, including but not limited to your violation of this Agreement.
In no event will GeoRun, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to GeoRun under this agreement during the twelve (12) month period prior to the cause of action. GEoRun shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
This Agreement constitutes the entire agreement between GeoRun and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of GeoRun, or by the posting by GeoRun of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site and Services will be governed by the laws of the Netherlands, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the country and federal courts located in the Hague, the Netherlands. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in appointed arbitrators. The arbitration shall take place in the Netherlands, in the Dutch or English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; GeoRun may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
We like to thank Wordpress for helping us setting up these terms by creating a modifiable Creative Common Share-alike license. All credit to the original file: http://en.wordpress.com/tos/ .