Terms of Service

Effective Date: March 3, 2010

By using this web site, you agree to be bound by the following terms and conditions (the "Terms of Service").

For our Subscription Terms of Service, click here.

User-Generated Content

Geovative Solutions does not endorse any user-generated content or any opinion, recommendation, or advice expressed therein, and Geovative Solutions expressly disclaims any and all liability in connection with user-generated content.

You shall be solely responsible for your own content and the consequences of posting or publishing them. You agree that you will not: (i) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (ii) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Geovative Solutions all of the license rights granted herein; (iii) post advertisements or solicitations of business.

For clarity, you retain all of your ownership rights in your uploaded content. However, by submitting the content to this web site, you hereby grant Geovative Solutions a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, display, and prepare derivative works of the content in connection with this web site and Geovative Solutions' (and its successor's) other businesses.

You warrant that you own or have the necessary rights, licenses, consents, and permissions to use and authorize Geovative Solutions to use your content in the manner contemplated by this web site and these Terms of Service.

Indemnity

You agree to defend, indemnify and hold harmless Geovative Solutions, its employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the web site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your user-generated content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of this web site.

Links to Other Web Sites

By providing links to other web sites, Geovative Solutions does not guarantee, approve or endorse the information or products available at these sites.

Changes in Content or Services

Geovative Solutions reserves the right to remove content and user-generated content without prior notice. We may modify or terminate our services from time to time, for any reason, and without notice or liability to you, any other user, or any third party.

Visitor and Member Content

As a condition of use, you agree to the following:

(a) Your Username, Your Password and Your Account Access. As a condition of becoming a Member of Geovative.com or GeoTour, you are required to create a username and password. While Geovative Solutions will keep your username and password confidential in accordance with our Privacy Policy, you are responsible for safeguarding the confidentiality of your username, password and application keys that you use to access any secure areas of the site. You agree not to disclose your password or key to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Geovative Solutions of any unauthorized use of your password.

(b) Conduct Under Your Username. You are solely and entirely responsible for all content that you submit, post, email, display or otherwise make available via GeoTour or any other portion of the site, or that you allow others to submit, post, email, display or otherwise make available under your username. You understand and agree that Geovative Solutions does not control and is not responsible for content made available through the site, and by using the site you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You must bear all risks associated with the exposure to and/or use of any content, including without limitation any reliance on the accuracy, completeness, or usefulness of such content. Under no circumstances will Geovative Solutions be liable in any way for 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 made available via the site. Geovative Solutions shall have the right (but not the obligation) in its sole discretion to modify, refuse, delete or move any content that is available on the site.

(c) Prohibited Conduct. You agree to all of the following while using the site: You must not post, email or otherwise make publicly available content that (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful in any way; (ii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iii) impersonates any person or entity, including, but not limited to, a Geovative Solutions employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (iv) includes personal or identifying information about another person without that person's explicit consent; (v) is false, deceptive, misleading, deceitful, misrepresentative, or constitutes "bait and switch"; (vi) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (vii) violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; or (viii) is pornographic or depicts a human being engaged in acted sexual conduct.

You must not post, link, or promote pornographic content including words, pictures, photos, sounds, video or text.

You must not attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures.

You must not send unsolicited email, junk mail, "spam", chain letters, or promotions or advertisements for products or services including, but not limited to, content that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement or that constitutes or contains any form of advertising or solicitation if (i) posted in areas of the site which are not designated for such purposes; (ii) emailed to Geovative Solutions users who have requested not to be contacted about other services, products or commercial interests, that includes links to commercial services or web sites, except as allowed in the site; or (iii) that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law.

You must not attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the site or its content.

You must not access, tamper with, or use non-public areas of the site, Geovative Solutions computer systems, or the technical delivery systems of Geovative Solutions's providers.

You must not interfere with, or attempt to interfere with, interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment or the access of any user, host or network, including, without limitation, sending a virus or worms, overloading, flooding, spamming, or mail-bombing the site or its service.

You must not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the site, unless expressly permitted by Geovative Solutions.

You must not forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the site or its content to send altered, deceptive or false source-identifying information.

You must not post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on Geovative Solutions's infrastructure, as determined at the sole discretion of Geovative Solutions.

You must not use the site for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.

Intellectual Property Claims

Geovative Solutions will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Geovative Solutions will remove all content and user-generated content if properly notified that such content or uploaded content infringes on another's intellectual property rights.

If you are a copyright owner or an agent thereof and believe that any user-generated content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing written notice as set forth in 17 U.S.C 512(c)(3). Refer to our Contact page for contact information and other information about our designated copyright agent.

Warranty Disclaimer

THIS WEB SITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THIS WEB SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. GEOVATIVE SOLUTIONS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GEOVATIVE SOLUTIONS DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THIS WEB SITE. GEOVATIVE SOLUTIONS DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS WEB SITE. GEOVATIVE SOLUTIONS DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THIS WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THIS WEB SITE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

IN NO EVENT SHALL GEOVATIVE SOLUTIONS, ITS EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Miscellaneous Provisions

This web site is maintained in the United States of America. Geovative Solutions makes no representations that this web site is appropriate for use in other locations. Those who access or use this web site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

These Terms of Service will be governed by and construed in accordance with the laws of the State of Kansas, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claim or cause of action may only be brought in the state and Federal courts located in Shawnee County, Kansas.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Geovative Solutions.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

Terms of Service Revisions

Geovative Solutions may at any time revise these Terms of Service by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Terms of Service to which you are bound. You can review the most current version of the Terms of Service at any time at: http://www.geovative.com/termsOfUse.asp