Your use of this website is subject to certain terms and conditions. The terms and
conditions (“Terms of Use”) and the z
privacy policy (“Privacy Policy”), apply to your use of this website (the “Site”).
Acceptance of Terms: By accessing and using the Site, or by clicking “I Accept”
when signing up for a user account at the Site, you acknowledge that you have
read, understood, and agree to be bound by these Terms of Use and the Privacy
Policy referenced herein. If you do not accept these Terms of Use and the Privacy
Policy you are not authorized to use this Site. We may make modifications to the
foregoing at any time and such modification will be effective upon posting to the
Site. Your continued use of the Site after any modifications to these Terms of Use
shall indicate your agreement with such modified terms.
Additional Terms: Some portions of the Site may have additional rules guidelines
or terms posted. If there is a conflict between these Terms of Use and the rules,
guidelines or terms posted for a particular area of the Site, the latter will prevail
regarding your use of that area of the Site.
Service Providers: Certain services of this Site are provided to you in conjunction
with providers, business partners, and other parties (collectively, “Service
Providers”).
Site Content: This Site contains material, such as software, text, graphics, images,
video, audio and other material (collectively referred to as the “Content”). The
Content may be owned by us or may be provided through an arrangement we have
with others, including other users of the Site, our Service Providers and their
partners, sponsors, or affiliates. The Content is protected by copyright under both
United States and foreign laws and may not be modified or altered in any way.
Unauthorized use of the Content may violate copyright, trademark, and other laws.
You have no rights in or to the Content, and you may not use the Content except
as specifically provided in these Terms of Use. No other use is permitted without
prior written consent from us or the owner of the Content. If you violate any part of
these Terms of Use, your permission to access and/or use the Content and the
Site automatically terminates.
User Content: The Site may now or in the future permit the submission of Content
at the direction of users of the Site (“User Content”) and the hosting, sharing,
and/or publishing of such User Content. You understand that whether or not such
User Content is published, we and our Service Providers do not guarantee any
confidentiality with respect to any submissions you make. You shall be solely
responsible for User Content you submit and the consequences of our or our
Service Providers posting or publishing such User Content. We and our Service
Providers also reserve the right to decide whether User Content is appropriate and
complies with these Terms of Use for copyright infringement and violations of
intellectual property law, as well as other violations, such as, but not limited to,
pornography, obscene or defamatory material, or excessive length. We or our
Service Providers may remove such User Content and/or terminate your access for
uploading such material in violation of these Terms of Use at any time, without
prior notice and at our sole discretion.
Permitted Use: The Site is for personal use only and may not be used in
connection with any commercial endeavors except those that are specifically
approved by us or our Service Providers. The following activities are expressly
prohibited: (i) collecting usernames and/or email addresses of other users by
electronic or other means for the purpose of sending unsolicited email or other
communications, (ii) any use of the Site, which in our or our Service Provider’s sole
judgment, degrades the reliability, speed, or operation of the Site or any underlying
hardware or software thereof, and (iii) any use of the Site which is unlawful or in
violation of these Terms of Use.
You may not access, download, use or export the Site, or the Content provided on
the Site, in violation of U.S. export laws or regulations, or in violation of any other
applicable laws or regulations.
Membership in the Site is subject to termination at any time in our or our Service
Providers’ sole discretion.
Password Protection: Access to, and use of, password protected areas of the
Site is restricted to authorized users only and you may not share your password(s),
account information, or access to the Site. You are responsible for maintaining the
confidentiality of your password(s) and account information, and you are
responsible for all activities that occur under your password(s) or account(s) or as
a result of your access to the Site. You agree to notify GeoVictoria immediately of
any unauthorized use of your password(s) or account(s).
Children: By using the Site, you represent and warrant that you are 13 years of
age or older. Your account may be terminated without warning if we believe that
you are under 13 years of age.
Copyright: If you are a copyright owner or an agent thereof and believe that any
User Content or other Content infringes upon your copyrights, you may submit a
notification pursuant to rlewit@geovictoria.com with the following information in
writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled
and information reasonably sufficient to permit the service provider to locate the
material;
(iv) Information reasonably sufficient to permit the Service Provider to contact you,
such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the
law; and
(vi) A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Indemnification:
You agree to defend, indemnify, and hold us and our Service Providers harmless
from and against any claims, actions or demands, including, without limitation,
reasonable legal and accounting fees, arising or resulting from your breach of
these Terms of Use or your uploading of, access to, or use or misuse of the
Content, User Content or the Site. We or our Service Providers shall provide notice
to you of any such claim, suit, or proceeding and shall assist you, at your expense,
in defending any such claim, suit or proceeding. We reserve the right to assume
the exclusive defense and control of any matter which is subject to indemnification
under this section. In such case, you agree to cooperate with any reasonable
requests assisting our defense of such matter.
Disclaimer of Warranty and Limitation of Liability:
WE, OUR AFFILIATES, OUR SERVICE PROVIDERS, AND OUR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR
LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED
TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR
RELIABILITY. NEITHER WE NOR OUR SERVICE PROVIDER SHALL BE
SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF
ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES
OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF
THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU
AGREE THAT YOU USE THE SITE AND THE CONTENT (INCLUDING THE
USER CONTENT) AT YOUR OWN RISK. NEITHER WE NOR OUR SERVICE
PROVIDER WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR
THAT THIS SITE, ITS SERVER, OR THE CONTENT (INCLUDING THE USER
CONTENT) ARE FREE OF COMPUTER VIRUSES OR SIMILAR
CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE
OR THE CONTENT (INCLUDING THE USER CONTENT) RESULTS IN THE
NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL
NOT BE RESPONSIBLE FOR THOSE COSTS. THE SITE AND CONTENT
(INCLUDING THE USER CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND
OUR SERVICE PROVIDER HEREBY DISCLAIM ALL WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE,
MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND
FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT SHALL WE OR OUR
SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA
OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY
TO USE THE SITE AND THE CONTENT (INCLUDING THE USER CONTENT),
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for
incidental or consequential damages, so the above limitations or exclusions may
not apply to you. IN SUCH STATES, OUR AND OUR SERVICE PROVIDER’S
LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
General:
These Terms of Use, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by us and our Service
Providers without restriction. These Terms of Use are governed by the internal
substantive laws of the Commonwealth of Massachusetts, without respect to its
conflict of laws provisions. You expressly agree to submit to the exclusive personal
jurisdiction of the state and federal courts sitting in the City of Boston in the
Commonwealth of Massachusetts.
If any provision of these Terms of Use is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of the Terms of Use, which shall remain in full force and
effect. Failure by us or our Service Providers to act on or enforce any provision of
the Terms of Use shall not be construed as a waiver of that provision or any other
provision in these Terms of Use. No waiver shall be effective against us or our
Service Providers unless made in writing, and no such waiver shall be construed
as a waiver in any other or subsequent instance.
Except as expressly agreed by us and you, these Terms of Use constitute the
entire agreement between you and us with respect to the subject matter hereof,
and supersede all previous or contemporaneous agreements, whether written or
oral, between the parties with respect to such subject matter. The section headings
are provided merely for convenience and shall not be given any legal import.
These Terms of Use will inure to the benefit of our successors, assigns, licensees,
and sublicensees.
If you still have an unresolved complaint regarding money transmission activity
performed by GeoVictoria, you may also direct your complaint to the attention to
rlewit@geovictoria.com.
