Terms Of Use
CONDITIONAL USE OF THIS SITE
GeoPosty.com and its contents (this “Site”) are copyrighted works belonging to Quova, Inc. and Mobiah, Inc. (“GeoPosty”). GeoPosty grants you (the “User” or “you”) the right to access and use the Site subject to the following terms and conditions of use (“Terms of Use” or “Terms”), and all applicable laws. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING AND USING THIS SITE AND THE INFORMATION AND MATERIAL CONTAINED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.
1. LICENSE. GeoPosty owns and operates this Site. The documents and other information and content available on the Site (the “Site Content“) are protected by copyright laws throughout the world. GeoPosty grants you a limited license to use and access the Site Content for the sole purpose of reviewing the Site Content as an applicant for employment, a current or potential customer, current or potential business partner, or current or potential investor of Company. All copyright and other proprietary notices on any Site Content must be retained on any copies. Any unauthorized copying, reproduction or modification, distribution, publication, retransmission, uploading, broadcast or performance of any Site Content (including for any public or commercial purpose whatsoever) without GeoPosty’s express prior written permission is strictly prohibited. GeoPosty reserves all rights not granted in these Terms of Use.
2. MODIFICATION. GeoPosty reserves the right, at any time, to modify the Site Content or to modify, suspend, or discontinue this Site or any part thereof with or without notice. You agree that GeoPosty will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of this Site.
3. TRADEMARKS AND OTHER INTELLECTUAL PROPERTY. GeoPosty (or our associated or affiliated companies or third parties who have licensed its brands to GeoPosty or contributed to this Site) (“Content Owner”) owns or licenses from third parties all Site Content. GeoPosty®, GeoPoint® and other related graphics, logos, service marks, and trade names used on this Site are the trademarks or service marks of GeoPosty and may not be used in connection with any third party products or services without permission. Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners. All Site Content remains the sole property of the applicable Content Owner and is protected under relevant Copyright, Trademark and other applicable laws. Nothing on this Site should be construed as granting any license or rights to use or distribute any Site Content, without the express written agreement of GeoPosty or of the other applicable Content Owner. You may not use any likenesses, names, and/or properties of any third party(ies) that are Site Content without the express written permission of such party(ies). You further acknowledge that some of the Site Content may contain information which is designated confidential by GeoPosty and that you will not disclose such information without GeoPosty’s prior written consent.
4. OWNERSHIP AND TREATMENT OF MATERIAL SENT TO THIS SITE. Subject to the application of the Privacy Policy to personal data, any material you send to this Site will be deemed and treated by GeoPosty as non-confidential and non-proprietary. This includes any data, questions, comments, feedback, suggestions, ideas or other information, material or property. Subject to the application of the Privacy Policy to personal data, GeoPosty (or our designees) will be entitled to use any or all of material sent to this Site for any purpose, WITHOUT COMPENSATION TO YOU, including for reproduction, disclosure, transmission, publication, broadcast and posting. In the absence of a written agreement with GeoPosty to the contrary, you agree that you will not submit to GeoPosty any information or ideas that you consider to be confidential or proprietary. You must only send material to the Site if you are the original author of such material or otherwise have the necessary rights to make such use of such material.
5. THIRD PARTY LINKS. This Site may contain links to other web sites owned or operated by third parties. Such third party web sites are not under the control of GeoPosty. GeoPosty is not responsible for any third party web site, the content thereof or any link contained therein. GeoPosty is not responsible for the products, services or privacy policies of any third party web site. GeoPosty provides these links only as a convenience and does not review, recommend, approve, monitor, endorse, warrant, or make any representations whatsoever with respect to third party web sites. Downloading material from certain sites may risk infringing intellectual property rights of others or introducing viruses into your system. You should note when you leave this Site and read the privacy policies and terms of use concerning these other sites. You should also independently assess the authenticity of any web site which appears or claims that it is one of GeoPosty’s sites (including those linked to through an email).
6. WARRANTY DISCLAIMER. We try to make this Site and its contents reliable, but inaccuracies may occur. Therefore, regardless of anything else on this Site or in these Terms:
GEOPOSTY IS PROVIDING THIS SITE AND THE SITE CONTENT ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GEOPOSTY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. GEOPOSTY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE INFORMATION PROVIDED ON THIS SITE. INFORMATION AT THIS SITE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL GEOPOSTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT GEOPOSTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. GEOPOSTY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THIS SITE, OR THE SITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).
FURTHER, GEOPOSTY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES DUE TO:
* STATEMENTS, ERRORS OR OMISSIONS IN THIS SITE;
* CONTENT INFRINGING ANY THIRD PARTY’S RIGHTS;
* VIRUSES THAT MAY BE TRANSMITTED TO YOUR COMPUTER;
* LINKING TO ANY OTHER SITE OR ITS NATURE OR CONTENTS; OR
* ANY OTHER MATTER REGARDING THIS SITE AND YOUR USE OF IT.
8. AMENDMENT. GeoPosty may, at any time, revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and, therefore, you should periodically visit this page of the Site to examine the then-current Terms of Use. By continuing to access or use this Site, you agree to any changes, and by providing continued access to this Site we are providing you consideration for agreement to such changes. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
9. SEVERABILITY. If any provision of these Terms of Use is, for any reason, held to be void, invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the void, invalid or unenforceable provision will be deemed modified or severed so that it is valid and enforceable to the maximum extent permitted by law.
10. INDEMNIFICATION. By using this Site, you agree to indemnify, defend and hold harmless GeoPosty (and our parent, subsidiary and affiliated companies, Site developers and other promotional partners) from all damages, costs and expenses, including attorneys’ fees and costs, arising out of any of the following:
* any claims for infringement of intellectual property rights, libel, defamation relating to any materials you send to this Site;
* your breach of any provision of these terms; and
* any other matter regarding this Site and your use of it.
* You agree to use best efforts to cooperate with us in the defense of any matter subject to indemnification by you.
11. JURISDICTION AND VENUE. GeoPosty controls and operates this Site from GeoPosty’s headquarters in Mountain View, California (regardless of where hosting servers are located). These Terms of Use and all matters relating thereto or this Site, including any dispute(s) relating thereto, will be governed, controlled, interpreted and defined by and under the law of the State of California, without reference to conflict or choice of law principles that require the application of the law of a different jurisdiction. Any application of the United Nations Convention on Contracts for the International Sale of Goods expressly is excluded. By accessing and using this Site, you expressly consent to the personal jurisdiction and venue in the state and federal courts for the county in which GeoPosty’s headquarters are located for any legal proceeding relating to this Site, your access to or use of this Site, or these Terms of Use.
CONTACT US
If you have any questions or comments regarding this Site, please contact us at the contact address, telephone number or e-mail address provided on the “Contact Us” page.