geoWidgets Terms of Service

Last updated: December 19, 2018 at 11:02 am

Agreement to Terms of Service

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an organization (“you”) and Digital Data Services, Inc., doing business as geoWidgets (“geoWidgets”, “Company”, “we”, “us”, or “our”), concerning your access to and use of geoWidgets websites, services, and software as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise thereto (collectively, the “Software”). You agree that by using the Software, you have read, understood, and agreed to be bound by all of these Terms of Service.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SOFTWARE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on this website (www.geowidgets.io) from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Software after the date such revised Terms of Service are posted.

The information provided by our Software is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would be subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to use our Software from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Intellectual Property Rights

Unless otherwise indicated, the Software is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided in our Software “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Software and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Software, you are granted a limited license to access and use the Software and to download or print a copy of any portion of the Content to which you have properly gained access. We reserve all rights not expressly granted to you in and to the Software, the Content, and the Marks.

User Representations

By using the Software, you represent and warrant that:

You have the legal capacity and you agree to comply with these Terms of Service;
You are not a minor in the jurisdiction in which you reside;
You will not access the Software through automated or non-human means, whether through a bot, script, or otherwise;
You will not use the Software for any illegal or unauthorized purpose; and,
Your use of the Software will not violate any applicable law or regulations.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Software (or any portion thereof).

Prohibited Activities

You may not access or use the Software for any purpose other than that for which we make the Software available. The Software may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

Software Management

We reserve the right, but not the obligation, to:

Monitor the Software for violations of these Terms of Service;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities;
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
In our sole discretion and without limitation, notice, or liability, to remove the Software or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and,
Otherwise manage the Software in a manner designed to protect our rights and property and to facilitate the proper functioning of the Software.

Terms and Termination

These Terms of Service shall remain in full force and effect while you use the Software. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SOFTWARE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SOFTWARE OR DELETE ANY CONTENT OR INFORMATION THAT YOU CREATED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, your organization, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Software at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information in our Software. We also reserve the right to modify or discontinue all or part of our Software without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Software.

We cannot guarantee the Software will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Software, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Software at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience cause by your inability to access or use the Software during any downtime or discontinuance of the Software. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Software or to supply any corrections, updates, or releases in connection therewith.

Governing Law

These Terms of Service and your use of the Software are governed by and construed in accordance with the laws of the State of Colorado applicable to agreements made and to be entirely performed within the State of Colorado, without regard to its conflict of law principles.