GEOVIVE.COM TERMS OF USE

 

  1. ACCEPTANCE OF TERMS. geovive.com (“Geovive”) is a provider of cloud infrastructure services (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”). By using the Service in any way, you are agreeing to comply with the TOU. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Geovive in any way, your only recourse is to immediately discontinue use of Geovive Service. Geovive has the right, but is not obligated, to strictly enforce the TOU through active investigation, litigation and prosecution.
  2. MODIFICATIONS TO THIS AGREEMENT. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at:

http://www.geovive.com/terms/

  1. NOTIFICATION OF CLAIMS OF INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, and is being stored on a Geovive server, or your intellectual property rights have been otherwise violated, please notify Geovive’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at

 

copyright@geovive.com

 

Please provide our Agent with the following Notice:

  1. a) Identify the material on the Geovive site that you claim is infringing, with enough detail so that we may locate it on the website;
  2. b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  3. c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  4. d) Your address, telephone number, and email address; and
  5. e) Your physical or electronic signature.

Geovive will remove the infringing Content, subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).

  1. PRIVACY AND INFORMATION DISCLOSURE. Geovive has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:

http://www.geovive.com/privacy-policy/

Your use of the Geovive Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Geovive may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by a court of competent jurisdiction. Notwithstanding the foregoing, Survyve shall give reasonable notice prior to responding to any court order or subpoena.

  1. CONDUCT. You agree not to attempt to gain unauthorized access to Geovivee’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or of Geovive.
  2. ACCESS TO THE SERVICE. Geovive grants you a limited, revocable, nonexclusive license to access the Service. This license does not include use of the Service beyond the scope of authorized or access granted to you by Geovive and immediately terminates said permission or license if used in any manner inconsistent with the TOU.
  3. TERMINATION OF SERVICE. You agree that Geovive, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove any Content within the Service, for any reason, including, without limitation, if Geovive believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Geovive shall not be liable to you or any third-party for any termination of your access to the Service. Notwithstanding, so long as transfer of such Content does not violate any local, state or federal laws, Geovive will take reasonable measures to do the same.

Further, you agree not to attempt to use the Service after said termination. Sections 4, 5 and 8-14 shall survive termination of the TOU.

  1. DISCLAIMER OF WARRANTIES.YOU AGREE THAT USE OF THE Geovive SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Geovive SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THEWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Geovive DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Geovive SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Geovive DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Geovive SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Geovive DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Geovive SITE OR THE SERVICE. Further, Geovive makes no representation or warranty as to disaster preparedness of any kind. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
  2. LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL Geovive BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Geovive HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Geovive SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Geovive SITE OR THE SERVICE, FROM INABILITY TO USE THE Geovive SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Geovive SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

  1. INDEMNITY. You agree to indemnify and hold Geovive, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
  2. GENERAL INFORMATION. The TOU constitutes the entire agreement between you and Geovive and govern your use of the Service, superceding any prior agreements between you and Geovive. The TOU and the relationship between you and Geovive shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Geovive agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Santa Clara, California. The failure of Geovive to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  3. NOTICES. You irrevocably agree to accept all notices, of whatever nature, legal or otherwise, by electronic mail or other digital delivery system at the discretion of Geovive for any matter or any proceeding for which notice is required. This includes updates to the terms of this agreement.