geo.to Terms of Use

Latest Revision: December 22, 2011

These geo.to Terms of Use (“Terms of Use”) state the terms and conditions under which Intellistry Information Systems, Inc. dba geo.to and its affiliates (collectively, “geo.to”) makes available for your access and use this website and all other websites and services of geo.to or that create or use geo.to GeoLink™ URLs, GeoLink™ QR Codes, GeoSite™ mobile and online websites, GeoNet™ real-time information clearinghouse APIs, or any other sites or services of geo.to that link to the Terms of Use and the related materials and services available on such websites or through any other websites, applications, devices or services, but excluding any services provided to you by geo.to under a separate written agreement) (collectively, the “Site” and/or “Services”), all subject to these Terms of Use.

BY ACCESSING, BROWSING, OR USING THE SITE AND SERVICES, YOU ARE DEEMED TO ACCEPT THESE TERMS OF USE, AS WELL AS OUR PRIVACY POLICY AND LIMITATION OF LIABILITY (EACH OF WHICH ARE INCORPORATED HEREIN BY REFERENCE), AS A BINDING AGREEMENT. YOU MAY NOT USE THE SERVICES AND MAY NOT ACCEPT THE TERMS IF (A) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH geo.to, OR (B) YOU ARE BARRED FROM RECEIVING THE SERVICES UNDER THE LAWS OF THE UNITED STATES OR ANY OTHER JURISDICTION TO WHICH YOU ARE SUBJECT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, THE PRIVACY POLICY, OR THE LIMITATION OF LIABILITY, PLEASE DO NOT ACCESS OR USE THE SITE OR SERVICES. YOUR USE OF THE SITE AND SERVICES AND INFORMATION PROVIDED THEREIN MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

In order to constantly innovate, enhance, modify and provide the best possible service, we reserve the right, in our discretion, to change, modify and delete any portion of the Site or Services at any time without any prior notice. We may also change, modify and delete any provisions of our Terms of Use and Privacy Policy at any time in our sole discretion for any reason whatsoever. If we do so, we will post the changes on the Site. Your continued use of the Site or Services after such notice constitutes your acceptance of the modified Terms of Use or Privacy Policy. If you do not agree to abide by these or any future Terms of Use, you are not permitted to use or access the Site or Services. The Site and Services are intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Site by anyone under 13 is unauthorized and in violation of these Terms of Use.
As part of this continuing innovation, you acknowledge and agree that geo.to may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at geo.to’s sole and absolute discretion, without prior notice to you or anyone. You may stop using the Services at any time. You do not need to specifically inform geo.to when you stop using the Services.
You acknowledge and agree that if geo.to disables access to your GeoLink URLs, GeoSite websites, or any other aspects of your accounts, whether as the creator or owners of a GeoLink URL or as a users, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.


You acknowledge and agree that if geo.to disables access to your GeoLink URLs, GeoLink QR Codes, GeoSite websites, or any other aspects of your accounts, whether as the creator or owners of a GeoLink URL, QR Code, or GeoSite website or as a users, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

DESCRIPTION OF SITES, SERVICES, AND SOFTWARE

geo.to is a site and service that allows users to create short GeoLink™ URLs, GeoLink QR Codes, and GeoLink geoshortcodes (collectively, “GeoLink URLs”) that connect users to GeoSite mobile and online websites that provide, and APIs and other software and applications that allow others to access, detailed, timely and accurate information (collectively, “geo.to Information”) related to specific locations, businesses, addresses, events, areas, physical and other rooms, maps, directions, website links, and services (collectively, a “geo.to Location”), including geo.to Information provided by or obtained from the general public, individuals, governmental, business and other entities and/or obtained from automated and other sources. It is supported and grown by individual, business, governmental and other locations acquiring and registering their unique GeoLink Name to create a unique GeoLink universal resource identifier (URI) and registering and publishing their Location Information on the GeoSite mobile and online website accessed by their unique GeoLink URL, GeoLink URI or other means. The Site also provides users with access to a rich collection of resources of local information related to each geo.to Location, including information from social network posts, news and other information sources, event, mapping, weather and other related sites and information, including other ‘Place’ pages related to the geo.to Locations.

Use of the Site and Services
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Site or Services. You agree that any registration information you give to geo.to will always be accurate, correct and up to date.


You agree to use the Site and the Services only for purposes that are permitted by (a) these Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).


You agree not to access (or attempt to access) the Site or any of the Services by any means other than through the interfaces that are provided by geo.to or others who have the right to use and provide the geo.to Information or Services, unless you have been specifically allowed to do so in a separate written agreement with geo.to. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.


You agree that you will not engage in any activity that interferes with or disrupts the Site or the Services (or the servers and networks which are connected to the Site or the Services). Unless you have been specifically permitted to do so in a separate agreement with geo.to, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that geo.to has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which geo.to may suffer) of any such breach.

Rules of Conduct
You agree that you may only use the Site and/or Services for your own personal and non-commercial purposes. You also agree that you will not do or permit to be done through your account or log-in any of the following:



· Violate or infringe the copyrights, rights of privacy or publicity, or any other rights of any person;

· Post or submit libelous, defamatory, pornographic, obscene, harassing or otherwise actionable or objectionable material;

· Post or transmit unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;

· Use automated scripts, spiders, bots or similar means to harvest or collect member information or other information from the Site; however, you may capture contact data and other information where the Site expressly permits, encourages or requires it;

· Use the Site in a manner that could damage, disable or overburden the Site or violate the law;

· Provide inaccurate or misleading information when registering as a member;

· Impersonate or misrepresent your affiliation with any person or entity; or

· Upload or transmit software viruses, worms, Trojan horses or other computer code or files designed to disable, destroy or interfere with any software or equipment.

You agree that geo.to may refuse or cancel your registration of any GeoLink URL or GeoLink URI or terminate your access and account at any time for any reason whatsoever, including violating of these Terms of Use, for any behavior that is inconsistent with geo.to’s image or values, or for any other reason, entirely in its discretion, provided, however, that in such event geo.to will provide a refund of any unused or unearned portion of any amounts paid to geo.to for GeoLink URLs or other services pro rated and allocable to any period subsequent to such termination.

Site Content

You understand that all information (such as data files, location names, locations, location information, written text, images, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Site and the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
You should be aware that Content contained on the Site and/or presented or made available to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to geo.to (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by geo.to or by the owners of that Content, in a separate agreement.


geo.to reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Site or the Service. In addition, there are commercially available services and software to limit access to material that you may find objectionable.


You understand that by using the Site and the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. You agree that you are solely responsible for (and that geo.to has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which geo.to may suffer) by doing so.

You acknowledge that geo.to and its licensors own all rights, title and interest in all content on the Site, including but not limited to the Site’s design, text, graphics and files, and their selection and arrangement (the “Content”), and you agree not to modify, copy, distribute, frame, republish, display, post, transmit, or sell the Content, except as may be expressly permitted by geo.to. geo.to grants you a personal, non-exclusive, non-transferable, revocable license to use the Site, the Services and GeoLink URLs, GeoLink URIs and GeoLink Names all in a manner consistent with the general purposes and objectives of geo.to to provide access to GeoLink Information through GeoLink URLs and GeoSites. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content included in the Services, in whole or in part in any manner that is inconsistent with such general purposes and objectives. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of geo.to and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made.

Except as otherwise expressly permitted in this Agreement, you may not: (i) decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code, except as otherwise permitted by applicable law; or (ii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Site. You may not access the Site or Services by any means other than through the user interfaces and APIs that are provided by geo.to. Furthermore, you may not use the Site in any manner that could damage, disable, overburden, or impair the Site (e.g., you may not access the Site or Services in an automated manner by use of “spiders”, “robots” or otherwise), nor may you use the Site in any manner that could interfere with any other party’s use and enjoyment of the Site. You are not permitted to retrieve and store in electronic or any other form any material part of the databases underlying the Services. All commercial and/or unauthorized use of the Site is strictly prohibited. You agree not to use or resell the Site for any commercial purpose, including, but not limited to, sending unsolicited commercial messages.

The Site shall remain at all times the sole property of geo.to or its third party licensors, and their use is subject to the copyright, trademark and other notices that are found here [Make this a Link to Notices]. All rights in the Site not expressly granted to you by geo.to under these Terms of Use are retained by geo.to.



You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give geo.to and its users a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling geo.to to display, distribute and promote the Services.


You agree that this license includes a right for geo.to to make such Content available to other companies, organizations or individuals with whom geo.to has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services. You understand that geo.to, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit geo.to to take these actions. You confirm and warrant to geo.to that you have all the rights, power and authority necessary to grant the above license.


You may download and print reasonable portions of the Content, solely for your personal, non-commercial use, provided that you leave intact all copyright notices and identifying information appearing on the original. You may not republish Site Content on any other website or business network or incorporate the information into any database or compilation. Any use of the Content not authorized by geo.to is prohibited.



All trademarks, logos, trade dress and service marks on the Site are trademarks of geo.to or its licensors and may not be copied, imitated, or used, in whole or in part, without written permission. The trademarks, logos, and service marks not owned on behalf of geo.to or its licensors that are displayed on the Site are the registered or unregistered marks of their respective owners. No rights are granted by geo.to to use such marks, whether by implication, estoppel, or otherwise.

Advertisements
Some of the Sites and Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Site or Services, queries made through the Services or other information. The manner, mode and extent of advertising by geo.to on the Services are subject to change without specific notice to you.
In consideration for geo.to granting you access to and use of the Site and Services, you agree that geo.to may place such advertising on the Services.

Copyright Policy
It is geo.to’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the Content or materials appearing on this Site contains infringing materials or infringing property, please send a notice to us at Support@geo.to



Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has 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 a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.



Links and References
This Site may contain links to websites operated by unrelated parties. These links are provided for your convenience and reference only. geo.to does not control these sites and is not responsible for their contents. Our inclusion of these links does not imply any association with these sites or any endorsement or approval of the services, merchandise, materials or contents available from or on these sites.



This Site may also contain descriptions of or references to products, services, and firms. These references do not imply our endorsement of those products, services or entities. Under no circumstances shall any of our providers be liable for any loss or damage caused by a user’s reliance on or exposure to information obtained from or contained on the Site. Rather, you are responsible to evaluate the information, advice, and other content available through the Site, and any products, services or firms referenced here.



If you decide to leave the Site and access these third-party sites, you do so at your own risk. In particular, you should review the terms of use and privacy policies of these sites, as they may differ from ours. Again, we do not control or review the usage terms or privacy practices of linked sites.



Privacy
By clicking the following link, you may review geo.to’s Privacy Policy.



Disclosures about Location and Other Information
When you use geo.to, you may provide geo.to or we may otherwise determine certain information about you that will be collected and used in accordance with the Privacy Policy, as supplemented by the following, additional terms. If you elect to provide geo.to with specific location information or use certain location based services (such as, GPS or other location technologies that assist in locating devices or providing navigation instruction), geo.to must periodically or receive or determine your location in order to provide such location based services to you. By using geo.to, you authorize geo.to and our providers to determine, record, compile, store and use your location. As part of the Site and Services, geo.to may also collect and store certain information about our users, such as, users’ wireless mobile subscriber ISDN numbers and users’ network access identifier information. This information will be used to provide you with the geo.to Services. geo.to may also use third party providers to help operate the Sites and Services and such providers may use the information in accordance with the geo.to Privacy Policy. Certain applications of geo.to may allow you to adjust your privacy, location and preference settings; please review any information that accompanies the Sites and Services for more details and instructions.



geo.to may offer you functionality in which you may store your log-in credentials on your mobile devices so that you can be automatically logged in each time you access geo.to GeoLink URLs and GeoSites and Services. You may deactivate the automatic log in function (if applicable) by using the log-off features, as further described on the Sites and Services. You understand that if someone else obtains access to your mobile device (such as, by theft), the automatic log-in feature will enable such person to have access to your geo.to Sites and Services accounts, including any personal information or settings. Therefore, in the event your mobile device is lost or stolen, you agree to assume all responsibility to contact your wireless carrier immediately to prevent the unauthorized use of your mobile device.



You are responsible for procuring and maintaining at your own expense the necessary wireless devices for use with geo.to. You agree that you will use the Sites and Services solely for your own internal business or personal use and that you will not resell or otherwise attempt to transfer geo.to Sites and Services to another person or entity. You may not use geo.to, GeoLink URLs, GeoSites or any other Sites and Services for any illegal, unauthorized, unintended, unsafe, hazardous or unlawful purpose or in any manner that is inconsistent with these terms of service. You agree to assume full responsibility to drive safely, observe all traffic rules and use your own personal judgment while driving. You agree that you will not enter or change information or otherwise interact with geo.to Sites and Services while driving. You agree that you will use your own judgment in whether or not to follow any route suggestions by geo.to Sites and Services if you believe that the suggested route instructs you to perform an unsafe or illegal maneuver or routes you to an area that you consider unsafe.

Disclaimers

geo.to is not responsible for any incorrect or inaccurate Content posted on the Site or provided by the Services regardless of the cause or source, or for the conduct, online or offline, of any member or other user of the Site or Services. Without limiting the above, geo.to assumes no responsibility for:

· Any error, omission, interruption, deletion, defect, delay, communications failure, theft or destruction or unauthorized access to, or alteration of, user or other postings or communications;

· The accuracy, integrity, completeness, or quality of any information, outputs or Content available from or through the Site or Services; rather, responsibility for verification resides with the user of the information, output or Content.

· Problems with telephone lines, computer systems, third party providers, or any technical problems or traffic congestion on the Internet or any website;

· Injury or damage to users’, members’ or other persons’ computers or networks resulting from participating or downloading materials in connection with the Site or Services;

Under no circumstances will geo.to be responsible for any loss or damage incurred or resulting from anyone’s use, including your use, of the Site or Services, any Content posted on the Site or Services or communicated to users of the Site or Services, or any interactions between users of the Site or Services, online or offline. THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS-IS” AND geo.to DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states limit or prohibit the disclaimers of warranties in certain cases, so this disclaimer may not apply to you.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR LICENSORS AND SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS AND LOST DATA) ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITE, SERVICES OR CONTENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NEITHER WE NOR OUR LICENSORS OR SUPPLIERS ARE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE SERVICES AND/OR ANY MATERIAL LINKED THROUGH THE SERVICES. UNDER NO CIRCUMSTANCES WILL geo.to’s, OR geo.to’s LICENSORS’, DIRECT LIABILITY ARISING OUT OF USE OF THE SITE OR THE SERVICES EXCEED THE GREATER OF (I) THE AMOUNT YOU HAVE PAID geo.to FOR SUCH USE OR (II) $10.00. SOME STATES MAY LIMIT OR PROHIBIT THE LIMITATION OF LIABILITY IN CERTAIN CASES, SO THIS LIMITATION MAY NOT APPLY TO YOU.



IN PARTICULAR, geo.to, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS,
YOUR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE, AND
THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SITE, SERVICES OR SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

DISPUTES
If you access the Site or Services from within the United States or Canada any claims relating in any way to your visit to the Site or use of the Services, to these Terms and Conditions, to our Privacy Policy, to our advertising or solicitation practices or to products and services you purchase through the Site or Services shall be submitted to confidential arbitration in Orange County, California, USA, except that, to the extent you have in any manner violated or threatened to violate any geo.to or other intellectual property rights, geo.to may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.



Governing Law and Venue
If there is any dispute about or involving the Site or the Services that are not subject to arbitration pursuant to the foregoing paragraph, you agree that the dispute will be governed by the laws of the State of California, as they apply to residents situated within the state. In such event you also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of California, and waive all defenses of lack of personal jurisdiction or that the forum is not convenient, except that geo.to may bring suit against you in any court that has jurisdiction over your person or property. Any cause of action by you with respect to the Site or the Services must be instituted within one (1) year after the cause of action arose or be forever waived and barred.



Indemnity
You agree to indemnify and hold geo.to and its subsidiaries, affiliates, officers, agents, partners and employees harmless from any damage, liability, claim, or expense (including reasonable attorneys’ fees) arising out of or in connection with your use of the Site, your violation of these Terms of Use, or your violation of the rights of a third party or any law.



Miscellaneous
These Terms of Use, and the accompanying Privacy Policy, constitute the entire agreement between you and geo.to regarding the use of the Site and supersede any prior agreements between us on the same subject. geo.to’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held invalid, the remaining terms shall continue in full force and effect.



INCORPORATION BY REFERENCE
Various portions of the Site and the Services are provided by third parties, including but not limited to Google Maps, that provide maps, certainly geocoding, directions and mapping information. Without modifying or otherwise altering any of the Terms, you agree that your use of the Site and the Services, to the extent the Site or the Services incorporate or provide any of the services from such such third party providers, incorporates the terms, authorizations, limitations, restrictions, and other provisions of any terms of use, privacy policies, or other provisions applicable to such other third party providers, including any Disclaimers of Warranties or Limitations of Liability, whether express or implied.