1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE: The services offered at geomotion.com (the "Service"), owned and operated by Geomotion, LLC ("Geomotion"), is provided to you ("User") under the terms and conditions of this Geomotion Terms of Service ("GeoTS"), and any operating rules or policies that may be published by Geomotion at the URL: www.geomotion.com (the "Geomotion Site"). The GeoTS comprises the entire agreement between User and Geomotion and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING THE GEOMOTION SITE, YOU INDICATE YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.
2. DESCRIPTION OF SERVICE: Geomotion provides User with a capability to explore virtual reality resources, to compose and deliver electronic email, and to create and deliver customized virtual tours via the World Wide Web through the Geomotion web site (www.geomotion.com). Geomotion will not charge User for this basic Service, but reserves the right to introduce fee-based enhanced services. In consideration for this Service, User agrees to: (1) provide certain current, complete, and accurate information about User as prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested during your original sign-up shall be referred to as "Registration Data." If any Registration Data provided by User is inaccurate, Geomotion reserves the right to terminate User's account and rights to use the Service.
3. NO "SPAMMING": User will not use the Service for chain letters, junk mail, "Spamming" or any use of distribution lists to any person who has not given specific permission to be included in such a process. An email advertisement which is (a) addressed to a recipient with whom the initiator does not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Geomotion. If any User uses the Service for Spam, Geomotion reserves the right to immediately terminate User's access to the Service and to seek appropriate legal recourse as necessary. If any User believes that others are using the Service for Spam, please contact Geomotion at firstname.lastname@example.org.
4. NOTICES: Geomotion will not send any communications to Users, or non-User event participants, other than as required for the performance of the Service and for notices pertaining to the Service. All notices to a party shall be in writing and shall be made via email. Geomotion may broadcast, distribute or display notices or messages through the Service to inform User of changes to the GeoTS, the Service, or other matters of importance; such broadcast, distributions or displays shall constitute notice to User.
5. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: Geomotion may modify or discontinue the Service with or without notice to User. Geomotion shall not be liable to User or any third party should Geomotion modify or discontinue the Service. Geomotion may change the terms and conditions of the GeoTS from time to time. Upon any change in the terms and conditions of the GeoTS, Geomotion may notify User via email, and/or by posting an announcement of the changes and a link to the new GeoTS on the start-up screen upon User's subsequent use of the Service. User will be asked to review the new GeoTS. User acknowledges and accepts the GeoTS by continuing to use the Service.
7. USER ACCOUNT, PASSWORD, AND SECURITY: Registered users of the Service will receive a password and an account. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You may change your password at any time by following instructions; you may also set up a new account at your convenience. User agrees to immediately notify Geomotion of any unauthorized use of User's account or any other breach of security known to User.
8. DISCLAIMER OF WARRANTIES: USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GEOMOTION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GEOMOTION MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES GEOMOTION MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. GEOMOTION MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM GEOMOTION OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY: GEOMOTION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF GEOMOTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA. YOU SPECIFICALLY AGREE THAT GEOMOTION IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OF VIOLATION OF ANOTHER'S RIGHTS BY ANY OTHER PARTY ON THE SERVICE, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. NO RESALE OR COMMERCIAL USE OF THE SERVICE: User's right to use the Service is personal to User. User agrees not to resell or make any commercial use of the Service without the express consent of Geomotion.
11. USER CONDUCT: Geomotion reserves the right, but does not assume the responsibility, to monitor or review User conduct on the Service. User's use of the Service is subject to all applicable local, state, national and international laws and regulations. User agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes (including without limitation, gambling or betting); (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore, User's conduct is subject to Internet regulations, policies and procedures.
User agrees not to:
* Use the Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or any use of distribution lists to any person who has not given specific permission to be included in such a process (commercial or otherwise);
* Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
* Transmit through the Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
* Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Service;
* Transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
* Interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services;
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
* Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
* Advertise or offer to sell or buy any goods or services for any non-personal purpose without prior written consent from Geomotion;
* Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
* Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Service any directory of Geomotion's users or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the GeoTS;
* Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
* Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
* Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
* Engage in any other conduct which, in Geomotion's sole discretion, is considered unauthorized or objectionable.
12. CONTENT: User is solely responsible for any data, text, software, music sound, photographs, graphics, video, messages or other materials ("Content") which is transmitted, posted, or distributed by User through the Service, including but not limited to the contents of User's email communications and photos posted by User on the Geomotion Site or through the Service. All Content whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that User, and not Geomotion, is entirely responsible for all Content that User uploads, posts, emails or otherwise transmits via the Service. Geomotion does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. User understands that by using the Service, User may be exposed to Content that may be offensive, indecent or objectionable. Under no circumstances will Geomotion be liable in any way for any Content, including, but not limited to, for 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 posted, emailed or otherwise transmitted via the Service.
13. INDEMNIFICATION: User agrees to indemnify and hold Geomotion, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this GeoTS by User, or the infringement by User (or other user of the Service using User's computer) of any intellectual property or other right of any person or entity.
14. TERMINATION: Either party may terminate the Service with or without cause at any time and effective immediately upon written notice to the other party. Geomotion may terminate the Service or User's use of the Service with or without cause at any time and effective immediately, at Geomotion's sole discretion, including but not limited to immediate termination of User's use of the Service should User's conduct fail to conform with these terms and conditions of the GeoTS, including but not limited to the terms of conduct set forth in Section 10. Geomotion shall not be liable to User or any third party for termination of Service. Should User object to any terms and conditions of the GeoTS or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service registration; and (3) notify Geomotion of termination. Upon termination of the Service, User's right to use the Service and Software shall cease immediately. User shall have no right and Geomotion will have no obligation thereafter to forward any unread or unsent messages to User or any third party. Sections 8, 9, 13, and 14 - 19 shall survive termination of the GeoTS.
15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS: User may enter into correspondence with or participate in promotions of the advertisers who show their products and/or services on the Geomotion Site ("Advertiser"). Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding User and Advertiser. Geomotion assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
16. PROPRIETARY RIGHTS TO CONTENT: User acknowledges that Content, contained in either sponsor advertisements or distributed via email, commercially produced information presented to User by the Service by Geomotion or Geomotion's Advertisers ("Geomotion Content" or "Advertiser Content"), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User is permitted to use the Geomotion Content or Advertiser Content as expressly authorized by Geomotion or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from the Geomotion Content or Advertiser Content without expressly being authorized to do so by Geomotion or Advertiser. You may make a copy of the Geomotion Content or Advertiser Content for your personal, noncommercial use only, provided that you keep all copyright or other proprietary notices intact.
18. GENERAL PROVISIONS: The GeoTS shall be governed by and construed in accordance with the laws of the state of Massachusetts, excluding its conflict of law provisions. User and Geomotion agree to submit to the exclusive jurisdiction of the courts of the state of Massachusetts. If any provision(s) of the GeoTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Geomotion's failure to exercise or enforce any right or provision of the GeoTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Geomotion in writing. User and Geomotion agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the GeoTS are solely used for the convenience of the parties and have no legal or contractual significance.
19. LANGUAGE: It is the express wish of the parties that the GeoTS and all related documents have been drawn up in English.