Terms of Service
1. Your Acceptance
Welcome to www.geomob.us, a product of France Telecom Research & Development, LLC (“GeoMob”)! We look forward to your involvement with our service. Before you begin, please take a moment to review these Terms of Service (the “Terms”) and the current GeoMob Privacy Policy. These Terms are an agreement between you and GeoMob. It is important that you understand both the benefits we provide, as well as our limitations. GeoMob is a completely opt-in service; informed, express consent is received from each subscriber. Users may terminate their GeoMob subscription at any time. Each time you use the service, you agree to the following Terms and the Privacy Policy. If you do not agree to any of the terms or if you are under 13 years of age, you must immediately discontinue your use of the GeoMob service.
2. Use of Service
THE SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS, OR ANY OTHER USE IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.
FUSION IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE.
You agree not to use the services for any purpose that is unlawful or prohibited by these Terms. You agree not to post or submit any user content or other material that (a) infringes the copyright, trademark, trade secret or other proprietary rights of others; (b) violates the privacy or publicity rights or other personal rights of others; (c) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another party; or (d) impersonates another person. You further agree not to submit any user content or other materials that contain viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You may not attempt to gain unauthorized access to the services, other accounts, computer systems or networks connected to the site through hacking, password mining, the impersonation of others, the unauthorized use of another user name, password or other information, or any other means. You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy pages of the site or the content contained herein without GeoMob’s express prior written permission. You agree that all identifying information submitted to GeoMob (including without limitation your name and email address) will be complete, accurate and truthful. GeoMob has the right, but not the obligation, to monitor, edit or remove any content from the site that, in its sole discretion, is unacceptable, undesirable, inappropriate or in violation of these Terms.
Children: GeoMob is not directed to children under the age of 13. GeoMob will not knowingly collect personally identifiable information from anyone under 13.
International: GeoMob services are hosted in the United States and are intended for North American users. If you are using the GeoMob services from the European Union or other regions with laws governing data collection and use that may differ from U.S. law. please note that you are transferring your personal data to the United States and by providing your personal data, you consent to that transfer.
Your location is only shared with those you choose. In order for you to share your location with someone, you must first invite them to be your GeoMob friend. Even when a friendship request is successfully sent, the prospective friend must consent as well to a reciprocal “friendship connection” before any ‘live’ (i.e., real-time) location sharing will occur. GeoMob does not maintain “location history.” GeoMob maintains only the most recent location fix.
3. Upgrades
You acknowledge that GeoMob may from time to time issue upgraded versions of the GeoMob application, and may automatically electronically upgrade the version of the GeoMob application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the Terms apply to all such upgrades.
4. GeoMob Proprietary Rights
Ownership: All elements and content comprising the services, including without limitation, software, the mobile device applications, the text, design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of GeoMob or its licensors and is protected by U.S. and international copyright laws. Permission is granted to electronically display and electronically copy and print hard copy portions of the site for your own personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of any content of the site is strictly prohibited. The trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with the services are owned by GeoMob or its affiliated companies and/or third party licensors. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the service (“Submissions”), provided by you to GeoMob are non-confidential and shall become the sole property of GeoMob. GeoMob shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
5. Mobile Services
The service is available via your mobile device, including (i) the ability to upload your location via your mobile device, (ii) the ability to receive and reply to messages, to rate content, to conduct searches, to filter items, and to track friends, (iii) the ability to browse the services from your mobile device, and (iv) the ability to access features through a mobile application you have downloaded and installed on your mobile device. GeoMob does not charge you for its services. However, your mobile carrier’s normal messaging, data and other rates and fees will still apply. In addition, downloading, installing, or using certain services may be prohibited or restricted by your mobile carrier, and not all services may work with all carriers or devices. Therefore, you should check with your carrier for availability and restriction information. By using the services, you agree that we may communicate with you regarding the services by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the services may be communicated to us. In the event you change or deactivate your mobile device number, you agree to promptly update your GeoMob account information to ensure that your messages are not sent to the person that acquires your old number.
6. Reporting Abuse
GeoMob will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner and you believe that any content hosted on any GeoMob service infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing GeoMob with information about the abuse at support@geomob.us.
7. Disclaimer of Warranty
THE SITE, ITS CONTENTS AND THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. FUSION EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE AND THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. Some states do not allow the disclaimer or limitation of warranties, so the disclaimers set forth above may not apply to you.
8. Limitation of Liability
IN NO EVENT SHALL FUSION, ITS SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, REPRESENTATIVES, SUPPLIERS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICES. Some states do not allow the disclaimer or limitation of damages, so the disclaimers set forth above may not apply to you.
9. Third Party Links and Frames
When using GeoMob’s services, you may encounter links to sites operated by third parties. These links are offered solely as a convenience to users. GeoMob makes no representations, warranties, or endorsements of any such linked sites or the information, materials, products or services contained on other linked sites or accessible through other linked sites. GeoMob is not responsible for the privacy practices, content or operation of such third-party sites. Your use or download of any services, software or goods from third-party links may be subject to separate terms between you and the third party. If so, the Terms do not affect your legal relationship with third parties.
10. Export Controls
GeoMob’s application originates in the Unites States, and is subject to United States export laws and regulations. The GeoMob application may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, GeoMob’s application may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to the use of the GeoMob application and the GeoMob services.
11. Indemnity
You agree to indemnify, defend, and hold harmless GeoMob, its subsidiaries and their respective officers, directors, employees, agents, shareholders, representatives, suppliers and content and service providers from and against all losses, expenses, damages and costs, including reasonable attorneys fees, resulting from any violation of these Terms or any activity related to your account with GeoMob (including negligent or wrongful conduct) by you or any other person accessing the services using your Internet account, GeoMob user name or account password.
12. Applicable Law
Use of the services shall be governed by the laws of the State of California without regard to its choice of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in County of San Mateo, California with respect to any legal proceedings arising out of these Terms or your use of the GeoMob services. Any cause of action or claim you may have with respect to the GeoMob services must be commenced within one (1) year after the cause of action or claim arises.
13. Changes to the Services; Termination
The services are in beta stage testing at this time and are being offered solely as a trial. GeoMob reserves the right to change or discontinue, temporarily or permanently, the services, including but not limited to revising and/or deleting features or other information without prior notice to you. You agree that GeoMob shall not be liable to you for any modification, suspension, discontinuance or deletion of any elements comprising the services. GeoMob reserves the right, at its sole discretion, immediately and without notice to you, to suspend or terminate your account and/or your ability to access the services available for any reason.