1. Your Acceptance
- By using or
visiting the GeoReports website or any GeoReports products, software, data
feeds, and services provided to you on, from, or through the GeoReports website
(collectively the “Service”) you signify your agreement to these
terms and conditions (the “Terms of Service”). If you do not agree to
any of these terms, please do not use the Service. The Service is provided by GeoReports
Pty Ltd, which, along with its products and services, is referred to as “GeoReports”
in these Terms of Service.
- Although we may
attempt to notify you when major changes are made to these Terms of Service,
you should periodically review the most up-to-date version https://www.georeports.com.au/terms-of-use
). GeoReports may, in its sole discretion, modify or revise these Terms of
Service and policies at any time, and you agree to be bound by such
modifications or revisions. Nothing in these Terms of Service shall be deemed
to confer any third-party rights or benefits.
2. Service
- These Terms of
Service apply to all users of the Service, including users who are also
contributors of Content on the Service. “Content” includes the text, software,
scripts, graphics, photos, sounds, music, videos, audiovisual combinations,
interactive features and other materials you may view on, access through, or
contribute to the Service. The Service includes all aspects of GeoReports,
including but not limited to all products, software and services offered via
the GeoReports website.
- The Service may
contain links to third party websites that are not owned or controlled by GeoReports.
GeoReports has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party websites. In addition, GeoReports
will not and cannot censor or edit the content of any third-party site. By
using the Service, you expressly relieve GeoReports from any and all liability
arising from your use of any third-party website.
- Accordingly, we
encourage you to be aware when you leave the Service and to read the terms and
conditions and privacy policy of each other website that you visit.
3. GeoReports Accounts
- In order to access
some features of the Service, you will have to create a GeoReports Account. You
may never use another’s account without permission. When creating your account,
you must provide accurate and complete information. You are solely responsible
for the activity that occurs on your account, and you must keep your account
password secure. You must notify GeoReports immediately of any breach of
security or unauthorized use of your account.
- Although GeoReports
will not be liable for your losses caused by any unauthorized use of your
account, you may be liable for the losses of GeoReports or others due to such
unauthorized use.
4. General Use of the
Service—Permissions and Restrictions
GeoReports hereby grants you permission to access and use the Service as
set forth in these Terms of Service, provided that:
- You agree not to
distribute in any medium any part of the Service or the Content without GeoReports’s
prior written authorization, unless GeoReports makes available the means for
such distribution through functionality offered by the Service.
- You agree not to
alter or modify any part of the Service.
- You agree not to
access Content through any technology or means other than the video playback
pages of the Service itself or other explicitly authorized means GeoReports may
designate.
- You agree not to
use the Service for any of the following commercial uses unless you obtain GeoReports’s
prior written approval:
- the sale of access
to the Service;
- the sale of
advertising, sponsorships, or promotions placed on or within the Service or
Content; or
- the sale of
advertising, sponsorships, or promotions on any page of an ad-enabled blog or
website containing Content delivered via the Service, unless other material not
obtained from GeoReports appears on the same page and is of sufficient value to
be the basis for such sales.
- Prohibited
commercial uses do not include:
- uploading a dataset
to GeoReports, or maintaining dataset on GeoReports, to promote your business;
- showing GeoReports hosted
services through a third party service, blog or website, subject to the
advertising restrictions set forth above in Section 4.D; or
- any use that GeoReports
expressly authorizes in writing.
- You agree not to
use or launch any automated system, including without limitation,
“robots,” “spiders,” or “offline readers,” that
accesses the Service in a manner that sends more request messages to the GeoReports
servers in a given period of time than a human can reasonably produce in the
same period by using a conventional on-line web browser. Notwithstanding the
foregoing, GeoReports grants the operators of public search engines permission
to use spiders to copy materials from the site for the sole purpose of and
solely to the extent necessary for creating publicly available searchable
indices of the materials, but not caches or archives of such materials. GeoReports
reserves the right to revoke these exceptions either generally or in specific
cases. You agree not to collect or harvest any personally identifiable
information, including account names, from the Service, nor to use the
communication systems provided by the Service (e.g., comments, email) for any
commercial solicitation purposes. You agree not to solicit, for commercial
purposes, any users of the Service with respect to their Content.
- In your use of the
Service, you will comply with all applicable laws.
- GeoReports reserves
the right to discontinue any aspect of the Service at any time.
5. Your Use of Content
In addition to the general restrictions above, the following
restrictions and conditions apply specifically to your use of Content.
- The Content on the
Service, and the trademarks, service marks and logos (“Marks”) on the
Service, are owned by or licensed to GeoReports, subject to copyright and other
intellectual property rights under the law.
- Content is provided
to you AS IS. You may access Content for your information and personal use
solely as intended through the provided functionality of the Service and as
permitted under these Terms of Service. You shall not download any Content
unless you see a “download” or similar link displayed by GeoReports on the
Service for that Content. You shall not copy, reproduce, make available online
or electronically transmit, publish, adapt, distribute, transmit, broadcast,
display, sell, license, or otherwise exploit any Content for any other purposes
without the prior written consent of GeoReports or the respective licensors of
the Content. GeoReports and its licensors reserve all rights not expressly
granted in and to the Service and the Content.
- You agree not to
circumvent, disable or otherwise interfere with security-related features of
the Service or features that prevent or restrict use or copying of any Content
or enforce limitations on use of the Service or the Content therein.
- You understand that
when using the Service, you will be exposed to Content from a variety of
sources, and that GeoReports is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such Content. You
further understand and acknowledge that you may be exposed to Content that is
inaccurate, offensive, indecent, or objectionable, and you agree to waive, and
hereby do waive, any legal or equitable rights or remedies you have or may have
against GeoReports with respect thereto, and, to the extent permitted by
applicable law, agree to indemnify and hold harmless GeoReports, its owners,
operators, affiliates, licensors, and licensees to the fullest extent allowed
by law regarding all matters related to your use of the Service.
6. Your Content and Conduct
- As a GeoReports
account holder you may submit Content to the Service, including datsets,
datapoints and user comments. You understand that GeoReports does not guarantee
any confidentiality with respect to any Content you submit.
- You shall be solely
responsible for your own Content and the consequences of submitting and
publishing your Content on the Service. You affirm, represent, and warrant that
you own or have the necessary licenses, rights, consents, and permissions to
publish Content you submit; and you license to GeoReports all patent,
trademark, trade secret, copyright or other proprietary rights in and to such
Content for publication on the Service pursuant to these Terms of Service.
- For clarity, you
retain all of your ownership rights in your Content. However, by submitting
Content to GeoReports, you hereby grant GeoReports a worldwide, non-exclusive,
sublicenseable and transferable license to use, reproduce, distribute, prepare
derivative works of, display, publish, adapt, make available online or
electronically transmit, and perform the Content in connection with the Service
and GeoReports’s (and its successors’ and affiliates’) business, including
without limitation for promoting and redistributing part or all of the Service
(and derivative works thereof) in any media formats and through any media
channels. Royalties may be payable according to the pricing framework here https://www.georeports.com.au/pricing-framework/
You also hereby grant each user of the Service a non-exclusive license to
access your Content through the Service, and to use, reproduce, distribute,
display, publish, make available online or electronically transmit, and perform
such Content as permitted through the functionality of the Service and under
these Terms of Service. The above licenses granted by you in Content you submit
to the Service terminate within a commercially reasonable time after you remove
or delete your Content from the Service. You understand and agree, however,
that GeoReports may retain, but not display, distribute, or perform, server
copies of your Content that have been removed or deleted. The above licenses
granted by you in user comments you submit are perpetual and irrevocable.
- You further agree
that Content you submit to the Service will not contain third party copyrighted
material, or material that is subject to other third party proprietary rights,
unless you have permission from the rightful owner of the material or you are
otherwise legally entitled to post the material and to grant GeoReports all of
the license rights granted herein.
- You further agree
that you will not submit to the Service any Content or other material that is
contrary to the GeoReports Community Guidelines, currently found at https://www.GeoReports.com.au/t/community_guidelines,
which may be updated from time to time, or contrary to applicable local,
national, and international laws and regulations.
- GeoReports will
process any audio or audiovisual content uploaded by you to the Service in
accordance with the GeoReports Data Processing Terms (www.GeoReports.com/t/terms_dataprocessing), except in
cases where you uploaded such content for personal purposes or household
activities. Learn more here: support.google.com/GeoReports/?p=data_applicability.
- GeoReports does not
endorse any Content submitted to the Service by any user or other licensor, or
any opinion, recommendation, or advice expressed therein, and GeoReports
expressly disclaims any and all liability in connection with Content. GeoReports
does not permit copyright infringing activities and infringement of
intellectual property rights on the Service, and GeoReports will remove all
Content if properly notified that such Content infringes on another’s
intellectual property rights. GeoReports reserves the right to remove Content
without prior notice.
7. Account Termination Policy
- GeoReports will
terminate a user’s access to the Service if, under appropriate circumstances,
the user is determined to be a repeat infringer.
- GeoReports reserves
the right to decide whether Content violates these Terms of Service for reasons
other than copyright infringement, such as, misleading Data Quality Statements.
GeoReports may at any time, without prior notice and in its sole discretion,
remove such Content and/or terminate a user’s account for submitting such
material in violation of these Terms of Service.
8. Copyright Policy
- GeoReports operates
a clear copyright policy in relation to any Content alleged to infringe the
copyright of a third party. Details of that policy can be found here https://www.georeports.com.au/copyright-guidelines/
.
- As part of GeoReports’s
copyright policy, GeoReports will terminate user access to the Website if a
user has been determined to be a repeat infringer. A repeat infringer is a user
who has been notified of infringing activity more than twice.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, GEOREPORTS, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW,
GEOREPORTS EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES
LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR 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. GEOREPORTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND GEOREPORTS WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GEOREPORTS,
ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY,
AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND
CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR
JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, GEOREPORTS LIMITS ITS
LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER
SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES
AGAIN).
YOU SPECIFICALLY ACKNOWLEDGE THAT GEOREPORTS SHALL NOT BE LIABLE FOR
CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND
THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by GeoReports from its facilities
in Australia. GeoReports makes no representations that the Service is
appropriate or available for use in other locations. Those who access or use
the Service from other jurisdictions do so at their own volition and are
responsible for compliance with local law.
11. Indemnity
To the extent permitted by applicable law, you agree to defend,
indemnify and hold harmless GeoReports, its parent corporation, officers,
directors, 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
Service; (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 your Content caused damage
to a third party. This defense and indemnification obligation will survive
these Terms of Service and your use of the Service.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian consent, and are fully
able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms of
Service, and to abide by and comply with these Terms of Service. In any case,
you affirm that you are over the age of 13, as the Service is not intended for
children under 13. If you are under 13 years of age, then please do not use the
Service.
We provide these Terms of Service with our Service so that you know what
terms apply to your use. You acknowledge that we have given you a reasonable
opportunity to review these Terms of Service and that you have agreed to them.
13. Assignment
These Terms of Service, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned by GeoReports
without restriction.
14. General
You agree that: (i) the Service shall be deemed solely based in Australia;
and (ii) the Service shall be deemed a passive website that does not give rise
to personal jurisdiction over GeoReports, either specific or general, in
jurisdictions other than California. You agree that the laws of Australia will
apply to these Terms of Service. These Terms of Service, together with any
other legal notices published by GeoReports on the Service, shall constitute
the entire agreement between you and GeoReports concerning the Service. If it
turns out that a particular term is not enforceable, this will not affect any
other terms. No waiver of any term of this Terms of Service shall be deemed a
further or continuing waiver of such term or any other term, and GeoReport’s
failure to assert any right or provision under these Terms of Service shall not
constitute a waiver of such right or provision. YOU AND GEOREPORTS AGREE THAT
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE
WITHIN 3 MONTHS YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE
OF ACTION IS PERMANENTLY BARRED.