If you have questions or concerns regarding this Agreement, you should first contact Georama at [email protected] and fully resolve such before you utilize this Website in any manner. In addition to your formal acknowledgment, your access to the Website and/or use of Services constitutes your agreement to be bound by the terms of this Agreement.
Georama may assign its rights and obligations under this Agreement as a result of any sale, merger, or other transfer, in whole or any part, of Georama, and/or to any parent, subsidiary, or any affiliate. User may not assign any rights and obligations hereunder.
This Agreement constitutes the entire agreement between the User and Georama; there exist no verbal or other written agreements, promises, and/or inducements. If any provisions of this Agreement are determined invalid or unenforceable, the subject provision shall be reformed to reflect, as nearly as possible, the original intentions of the parties as consistent with applicable law, and the remaining provisions of this Agreement shall remain in full force and effect.
Georama is a Delaware Corporation. Certain activities may be conducted in various jurisdictions by other companies with which Georama may from time to time contract or be affiliated. Any and all claims and demands of a User shall be exclusively limited to the entity of Georama and/or such other limited liability entities involved in providing particular Services. In no event shall any claims and/or demands by made upon, and/or liabilities or judgments attach to, the respective officers, shareholders, members, partners, employees, and/or agents of Georama and/or such other limited liability entities involved in providing particular Services.
The Service is available only to individuals who are at least 18 years old.You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
We may offer you the opportunity to invite your friends or contacts to view your streams or otherwise enjoy the Services. If you choose to invite one or more of your friends or contacts using text messaging (SMS), we may suggest content for the message. You may be able to edit that suggested content, and if you choose to send text message invitations, those messages will be sent from the native SMS application on your device. If you do choose to send such invitations, you represent to Company that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Georama shall not be liable for your interactions with any organizations and/or individuals found on or through the GeoramaService. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with Content on Georama. Georama is not responsible for any damage or loss incurred as a result of any such dealings. All dealings are solely between you and suchorganizations and/or individuals. Georama is under no obligation to become involved in disputes between Users or between Users and any third party. In the event of a dispute, you release Georama, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
It is expressly understood and agreed that the Services of Georama are strictly limited to the Website, and that such Services shall not include any and all services offered and/or provided to a User by any third-parties, including but not limited to , and any and all other persons associated therewith (“Providers”). Georama maintains no control or oversight over any Providers and Providers’ services and can neither warrant or guarantee nor be liable for such in any manner. No contract, agreement, or other arrangement, whether written, verbal, implied, statutory or otherwise, between a User and a Provider shall be deemed to obligate Georama in any manner, extent, or degree and Georama expressly disclaims such.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Company granting you access to and use of the Services, you agree that Company and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Website. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
You agree that the Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.The Content may only be displayed and used through the Website. Use, reproduction, modification, distribution or storage of any Content (other than your own User Submissions) is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for personal or commercial use or in any way that violates any third party right.
By Submitting User Submissions on the Website or otherwise through the Service, you:
You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
The Terms will continue to apply until terminated by either you or Company as follows.You may end your legal agreement with Company at any time for any reason by deactivating your accounts and discontinuing your use of Georama.Any fees paid hereunder are non-refundable.
Nothing in this section shall affect the rights of Company to change, limit or stop the provision of Services without prior notice, as provided above in section 1.
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Website; what Content you access via the Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Website. The Website may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Website, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website or the Service.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE WEBSITE OR ANY WEBSITE LINKED TO THE SITE. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU; OR (IV) FOR ANY AND ALL INJURIES, DEATH, LOSSES, COSTS, AND EXPENSES INCURRED BY YOU AND/OR ANY PERSON CLAIMING BY OR THROUGH YOU.
Accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
By using the Services, you consent to receive from Georama all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. Georama may provide such electronic Contract Notices by posting them on the GeoramaWebsite. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the GeoramaWebsite and Services.
Georama has a policy of protecting the privacy of children. The Website and the general practices of Georama are not intended or designed to attract children under the age of 13. Georama does not collect personally identifiable information from any person we actually know is a child under the age of 13.
A User may choose to provide to Georama information which contains personal identifying information (“User’s Private Information”), this is treated differently than the User’s Public Information which may have been submitted with a request that Georama post such in the Public Area of the website (such as blog entries, reviews, etc.). User’s Private Information may include, but is not limited to: first and last name, username and password, date of birth, gender, preferred geographic areas, etc.; email addresses may be collected and are separately addressed below. A User is not obligated to provide Private Information, however the absence of full information may affect the functionality of the Website and the ability to provide Services and, in such circumstances, Georama may determine that a particular User’s registration is insufficient to complete. Notwithstanding the foregoing, no User shall provide false Private Information. In no event does Georama sell or otherwise share User’s Private Information with third parties.
Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your account, if you are an account holder), and to enable you to enjoy and easily navigate our Services. In addition, we may use your information to send you information about our Services, respond to your requests and facilitate your use of the Services. We may also use your information to send you e-mails and materials that directly promote our Services.
Georama is a live video sharing platform and, except for your log-in credentials (like your email, phone number and passwords) which are not available to the public, the information you provide and Content you submit when using the Services is public. This means that not only is the Content that you post publicly available, so is the data provided with such Content (such as, but not limited to, when it was posted), and other activity information like the accounts you follow or that follow you, the number of users who clicked on a particular link, or the Content that you like or comment on (“Usage Information”). In addition to your Content, and Usage Information, your Private Information associated with your account (like your profile information which includes your username, photograph and biography) is broadly and instantly disseminated to a wide range of users and other services that access Georama. For instance, your profile information and Content may be accessed via our APIs by our partners and other third parties, including developers and publishers, that integrate with our Services.
In addition to profile information, if you choose to enable your computer or mobile device to send us location information we may collect and store information about your location by converting your IP address into a rough geo-location or by accessing your mobile device’s GPS coordinates or coarse location. We may use and store information about your location, to provide features of our Services, such as tagging a stream with a location, and to improve and customize the Services with Content that has been tagged near your location. If you do not want us to collect location information, you may disable that feature on your mobile device.
Georama has established protocols for safeguarding all Private Information, with both physical and electronic security measures which are, from time to time, analyzed for utility. Although Georama cannot guarantee that Private Information will never be stolen by third parties, it does use high standards of care to protect Private Information from unauthorized disclosure.
When the Website is accessed by Users, whether or not registered, certain information will be automatically collected from and information deposited to the User’s computer. The items collected do not contain personally-identifiable information and are intended to understand the User’s use of the Website, improve its functionality, and allow for customized experience. Types of such information may include:
With regard to cookies, traffic data, and similar information, none contain User’s Private Information or any other personally identifying information. Georama may utilize such non-private information for its own research purposes and may share non-personally identifying information with third parties.
Georama will utilize a User’s contact information, including email and telephone, to provide Services. It may from time to time send to Users special offers, promotional materials, system upgrade alerts, notices of changes to this Agreement, other informationand similar communications. Georama may, based upon the preferences of Users, provide email contact information to third parties which may offer services or products of interest to a User. All Users shall have an “opt-out” right from having email contact information shared with third parties. Further, Users shall have an opt-out right as to promotional and similar non-essential types of communications from Georama. In the circumstance that a User desires to exercise this opt-out, contact may be made to [email protected]. If a User desires to receive no communications from Georama, the registration must be terminated.
From time to time Georama may contract with others to assist in maintaining the Website and providing Services (“Georama Contractors”). In all such cases the contractors shall be bound by the terms of this Agreement, as amended. Under such agreements, including the covenants of this Agreement, Georama may allow on a limited, need-to-know basis, access by Georama Contractors to User’s Private Information and other information. Georama will employ the same standards of care to supervise the use thereof by such Georama Contractors. No other entities other than Georama Contractors shall be provided such access.
Although rare, Georama may be required to disclose a User’s information when required by law. In such instances, it shall reasonably endeavor to contact the subject User of a pending demand for information before compliance. In no event shall Georama be liable for any consequences of its good-faith compliance in response to any written demand by or through a judicial or governmental agency authority. Should a User initiate proceedings to contest a demand, then the User shall be responsible for the attorneys’ fees and costs incurred by Georama in such proceeding. In the event that Georama is compelled to make the disclosure before a User can be advised, then Georama shall provide notice thereof as soon as possible thereafter. Notice shall be sufficient by dispatch to the User’s email address of record.Last Updated: 30th June 2015