Terms and Conditions
TERMS AND CONDITIONS
This Statement of Rights and Responsibilities (“Terms”) is our terms of service that governs our relationship with users and others who interact with GeoWinks. By using or accessing GeoWinks, you agree to this Terms, as updated from time to time in accordance with Section 8 below. Additionally, you will find resources at the end of this document that help you understand how GeoWinks works.
Your privacy is very important to us. We designed our Data Use Policy to make important disclosures about how you can use GeoWinks to share with others and how we collect and can use your content and information. We encourage you to read the Data Use Policy, and to use it to help you make informed decisions.
- Sharing Your Content and Information
You own all of the content and information you post on GeoWinks, and you can control how it is shared through your Status settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your Status settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with GeoWinks (IP License). This IP License ends when you delete your IP content or your account.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you publish content or information using the Public Status, it means that you are allowing everyone who has signed in on GeoWinks, to access and use that information, and to associate it with you (i.e., your username, profile picture and location). If you desire to keep your location undisclosed, you must keep the Anonimous Status. If you desire to share your location but not your profile, then the appropriate Status is Invisible. In the Offline Status you will be able to access the information available but your location and profile will not be available for other GeoWinks’ users.
- We always appreciate your feedback or other suggestions about GeoWinks, but you understand that we may use the information you post without any obligation to compensate you for it.
We do our best to keep GeoWinks safe, but we cannot guarantee it. We need your help to keep GeoWinks safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on GeoWinks.
- You will not collect users’ content or information, or otherwise access GeoWinks, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on GeoWinks.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use GeoWinks to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of GeoWinks, such as a denial of service attack or interference with page rendering or other GeoWinks functionality.
10. You will not facilitate or encourage any violations of these Terms or our policies.
- Registration and Account Security
GeoWinks users may provide usernames different from their real names, but they may as well provide their real names, photographies and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You may provide a username that do not coincide with your real name but only for privacy purposes, and not to harass, disturb or mislead other GeoWinks users.
- You will not create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use your account primarily for your own commercial gain.
- You will not use GeoWinks if you are under 18.
- You will not use GeoWinks if you are a convicted sex offender.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
- Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
- You will not post content or take any action on GeoWinks that infringes or violates someone else’s rights or otherwise violates the law.
- We can remove any content or information you post on GeoWinks if we believe that it violates these Terms or our policies.
- If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including GeoWinks and Wink), or any confusingly similar marks, except as expressly permitted by our prior written permission.
- You will not post anyone’s identification documents or sensitive financial information on GeoWinks.
- Mobile and Other Devices
- We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on GeoWinks.
- Special Provisions Applicable to Software
- If you download our software, such as a stand-alone software product, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software.
- You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.
- Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7) days notice (for example, by posting the change on the Legal Terms page of GeoWinks) and an opportunity to comment on changes to this Terms.
- Your continued use of GeoWinks following changes to our terms constitutes your acceptance of our amended terms.
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of GeoWinks to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, these Terms shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 8.2.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms or GeoWinks exclusively in a state or federal court located in Miami Dade County. The laws of the State of Florida will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Miami Dade County, Florida for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on GeoWinks, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on GeoWinks and are not responsible for the content or information users transmit or share on GeoWinks. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on GeoWinks. We are not responsible for the conduct, whether online or offline, of any user of GeoWinks.
- WE TRY TO KEEP GEOWINKS UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING GEOWINS AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT GEOWINKS WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT GEOWINKS WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. GEOWINKS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE STATEMENTS OR GEOWINKS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR GEOWINKS WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GEONET‘S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with GeoWinks outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on GeoWinks (such as advertising or payments).
- By “GeoWinks” we mean the features and services we make available, including through (a) our website at www.geowinks.com and any other GeoWinks branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with GeoWinks.
- By “content” we mean anything you or other users post on GeoWinks that would not be included in the definition of information.
- By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from GeoWinks.
- By “post” we mean post on GeoWink or otherwise make available by using GeoWink.
- By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By “active registered user” we mean a user who has logged into GeoWinks at least once in the previous 30 days.
- These Terms constitute an agreement between you and Geonet Corp. These Terms make up the entire agreement between the parties regarding GeoWinks, and supersedes any prior agreements.
- If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Terms, it will not be considered a waiver.
- Any amendment to or waiver of these Statements must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in these Terms shall prevent us from complying with the law.
- These Terms do not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
10. You will comply with all applicable laws when using or accessing GeoWinks.