TERMS OF USE

GEOTALE LLC (referred to as “GEOTALE”) cordially welcomes you to view the GEOTALE App and Website (referred to as “Platform”), by accessing the GEOTALE Platform or by availing the services of GEOTALE, the client (referred to as the “User”) accepts the Terms and Conditions of Use of the Platform and agrees to be bound by the provisions specified herein. The Terms of Use shall govern the use of the Platform and the services of GEOTALE by the Users.

  1. DEFINITIONS
    1. Confidential Information shall mean any trade secret or other information which is deemed confidential or commercially sensitive and which is not in the public domain (other than through the wrongful disclosure by the other Party) and which belongs to any associates or representatives of either Party (whether stored or recorded in documentary or electronic form) and which (without limitation) relates to the proprietary information relating to the development, utility, operation, general or specific data, functionality, performance, cost, know-how, details of present and proposed business, formulas, ideas, strategies, techniques, policy, data related to employees, present or proposed vendors/customers, information regarding research and development, unpublished financial statements, budgets and other financial details, computer programming techniques, methodologies and related technical information, business or marketing plans, forecasts, licenses, prices or lists, quotes, bids, controls, operating procedures, organization responsibilities, marketing matters and any policies or procedures, software programs and files, operating manuals, user manuals documentation, source code and any and all information pertaining to either Party’s application or software of any of its associates, subsidiaries or representatives.
    2. Disclosing Party shall mean such person disclosing the Confidential Information.
    3. Intellectual Property shall mean collectively or individually, the following worldwide rights relating to intangible property, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, filed, issued or acquired: (i) patents, patent disclosures, patent rights, know-how, including any and all continuations, continuations-in-part, divisions, reissues, re-examinations, utility, model and design patents or any extensions thereof; (ii) rights associated with works of authorship, including without limitation, copyrights, copyright applications, copyright registrations; (iii) rights in trademarks, trademark registrations, and applications therefore, trade names, service marks, service names, logos, or trade dress; (iv) rights relating to the protection of trade secrets and Confidential Information; and (v) internet domain names internet and worldwide web URLS or addresses; and (vi) all other intellectual or proprietary rights anywhere in the world including rights of privacy and publicity, whether or not requiring and whether or not such registration has been obtained.
    4. Party shall refer to either the User or GEOTALE as the context may suggest. The User and GEOTALE may collectively be referred to as the Parties.
    5. Platform shall mean the collective reference to the App and the Website created by GEOTALE in order to provide its Services to the User.
    6. Receiving Party shall mean the Party receiving the Confidential Information.
    7. Services shall mean the Services as provided by GEOTALE through its Platform to the User.
  2. SERVICES
    1. GEOTALE provides a Platform which offers the Users information about a certain specific place that the User wishes/chooses to know about.
    2. This information may be found from two different sources – (i) Users of the Platform, who have already visited a certain specific place/location, may have posted some information, shared their experience or a few insightful tips on how to make the visit to the place/location most memorable (ii) In case there are no reviews/information/tips posted by the User, then, selecting such a place/location would provide to you on the Platform, without redirecting you to any other web page, Wikipedia information on such a place/location.
    3. The Services provided by GEOTALE through its Platform shall be based on the specific location oriented queries/questions/doubts posed by the User.
    4. The User may use the Services of GEOTALE only if he/she is legally capable of forming a binding a contract with GEOTALE and is not expressly barred from receiving services under the laws of United States of America or any other applicable jurisdiction.
    5. The User may use the Services of GEOTALE only in compliance with the Terms of Use, the Privacy Policy and all the applicable local, state, national and international laws, rules and regulations.
    6. Some of the Services chosen by the User or offered by GEOTALE shall have additional terms and conditions applicable to it. In such a situation, the additional terms and conditions shall be made available to the User even before such a Service is provided to him/her. Upon using the Service, the User submits himself/herself to the additional terms and conditions of GEOTALE.
  3. TERMS
    1. The Services provided by the Platform is for the User’s sole use and not intended for any commercial use of such Services by the User. Users are expressly restricted from using the Platform or Services of GEOTALE for any purpose that is or may be construed as unlawful or for any purpose contrary to the intentions of GEOTALE.
    2. GEOTALE provides it’s Services on the basis of queries/questions posed by the Users specific to a certain location.
    3. Users must at all times ensure that all of the information, content or data provided by them as reviews/information/tips are true, accurate, complete and up to date and that the same shall not breach upon the Confidential Information or be in violation of the intellectual or proprietary rights of any third party.
    4. The User shall have the right over any content posted or shared by him/her on the Platform. In order to provide its Services to the Users, GEOTALE shall need a license to be granted by the User who shared the content or information on the Platform. By posting and sharing content on the Platform, the User grants GEOTALE a worldwide, non-exclusive, royalty free license to use, copy, reproduce, adapt, process, modify, publish, display and distribute the content, with the User’s express consent, in any and all manner that GEOTALE deems fit.
    5. The Users shall also ensure that any information provided by them on the Platform shall not be in violation of any applicable local, state, national and international laws, rules and regulations and shall not pose a threat to the security of the Platform or the location. GEOTALE may, due to technical default, security issues or problems in the Service provided to the Users, conduct investigations in order to gauge the problem and to rectify it as quickly as possible. In such a situation, the User accepts and agrees to cooperate with GEOTALE to the best of his/her knowledge and ability.
  4. RESTRICTIONS ON USE
    1. As a pre-condition to the use of the Services of GEOTALE, the Users shall register themselves with the help of a user name and password. The User shall provide complete and authentic information for the registration.
    2. The User shall not provide as user id an email address of another person with an intention to defraud or defame the person or use the email address of another person without appropriate authorization.
    3. The User shall be solely responsible for maintaining the confidentiality of the information that pertains to the account, user id, passwords, files, etc.
    4. All of the Services provided by GEOTALE are for lawful purposes only and Users are expressly restricted from using the Services or the Platform for any purpose that is a violation of any applicable law or otherwise contrary to the ideas and intentions of GEOTALE.
    5. Users are further restricted from tampering, altering, attempting to alter and tamper, in any manner, any of the features, functionality, information or content, interface, layout of the Platform and the Services of GEOTALE.
    6. User shall not post, upload, transmit, distribute or make public anywhere on the Platform any information or content that: (i) Is or may be construed as pornographic, obscene or vulgar; (ii) Is false, misleading or fraudulent; (iii) Is harmful, inciting, abusive, or otherwise unlawful; (iv) Over which it has no rights and interest and the same has not been obtained; (v) Is infringing upon the intellectual or proprietary rights of any third party.
    7. Users are restricted from compiling, transmitting or revealing any personal information pertaining to any third party, including any other User or employees, directors or other officers of GEOTALE.
    8. Users shall not modify, alter or delete any content or information posted by any other User or present anywhere on the Platform.
    9. Users are prohibited from attempting to contact or contact any other User, employee or officer of GEOTALE.
    10. Users shall not use the Platform to market or promote any product or services unless and until he/she obtains prior written consent from GEOTALE.
    11. Users are also restricted from further offering any of the Services offered by GEOTALE to any other person or entity.
    12. Users shall ensure that any content or information posted, uploaded, transmitted, distributed, made public anywhere on the Platform is done so only in such places that are designed by GEOTALE for the same. Any information or content posted or uploaded anywhere else shall be taken down at GEOTALE’s sole discretion.
    13. At the time of use of the Services of GEOTALE, the User may come across content that is harmful, inaccurate, inappropriate, offensive, abusive or at times even misleading and deceptive. However, the User understands and accepts that the GEOTALE is not liable for any content that is posted on the Platform, including but not limited to any errors or omissions in the content, any damage or harm incurred due to the usage of content posted on the Platform.
  5. PAYMENT
    1. GEOTALE shall not levy any charges for the use of the Platform except for the charges with respect to the in-app purchases that are made available to the User on the Platform. These charges levied by GEOTALE are only for the convenient, smooth and proper functioning of the Platform and for the availability of many more features and strictly not for the license under which Wikipedia content or information is made accessible through the Platform.
  6. ADVERTISEMENTS, PROMOTIONS AND LINKS
    1. GEOTALE does not allow Users to post any advertisements, promotions or links anywhere on the Platform unless a prior written consent has been obtained from GEOTALE.
    2. Any unauthorized links, advertisements, promotions or any other content posted by any User may be taken down by GEOTALE in its sole discretion. However, GEOTALE does not hold any obligation to review or check any of the content posted by any User.
    3. None of the information or content present anywhere on the Platform is intended to amount to professional advice and the Users may rely on the same at their own discretion and risk.
  7. TERM AND TERMINATION OF THE AGREEMENT
    1. The Terms and Conditions of Use shall continue to be in full force and effect and shall continue to bind the User for the entire duration that the User chooses to use the Platform and the Services of GEOTALE.
    2. GEOTALE may without any liability towards the Users, terminate or suspend some or all Services to any or all of its Users pursuant to a security breach on GEOTALE or to protect the internal network of GEOTALE or if such a direction has been obtained from a governmental authority.
    3. If the User indulges in any of the following, GEOTALE reserves the right to terminate its Services to the User – (a) The User engages himself/herself in any fraudulent or unauthorized use of the Services of GEOTALE (b) There is a breach of rules, guidelines or provisions contained in the Terms of Use or Privacy Policy of GEOTALE (c) If for any reason the User has to be investigated following any allegation against him /her or the User’s statements have to be recorded in order to investigate another User and the User does not co-operate to do the same (d) Any other grounds of termination as provided in the Terms of Use (e) The User is using any unauthorized or defective device in order to avail the Services of GEOTALE (f) The User’s device is the cause for technical problems faced by GEOTALE.
    4. On the expiry of the term or the termination of the usage of the Platform by the User, the User shall have no further right to use the Platform or any of the Services offered by GEOTALE unless the User avails such Services anew.
    5. GEOTALE is under no obligation to delete the data associated with the User’s account upon termination of its Services to the User. The User, upon termination of the Services, shall reconfigure the device on which the Services of GEOTALE are enabled so that the devices no longer make an attempt to communicate with the servers of GEOTALE. In the event that the User does not reconfigure his/her enabled device, within a reasonable period of time, GEOTALE reserves the right to remotely reconfigure the enabled device without the issuance of any prior notice to the User.
    6. Certain clauses in the Terms of Use shall survive the termination of this Agreement including but not limited to provisions relating to pending payments, warranty disclaimers, indemnity and liability of the parties.
  8. CONFIDENTIAL INFORMATION
    1. Both the Parties hereby agree and accept to treat all information provided by the other Party as confidential, with the same degree of care employed by it over its own Confidential Information.
    2. Neither Party shall use any of the Confidential Information disclosed by the Disclosing Party either for their own use or for the benefit of any third party.
    3. Users are expressly restricted from disclosing any confidential or proprietary information which
      1. They know to be belonging to a third party
      2. Over which he/she has no right, title or interest
      3. Information pertaining to any other User.
    4. GEOTALE shall not share, divulge or disclose any information provided to it by the User except for the information/experience/tips provided in the review section/column of the Platform. All other information shall be dealt with utmost care as per our Privacy Policy.
    5. However, GEOTALE may disclose certain confidential or proprietary information in the following circumstances:
      1. In order to protect the interests of other Users of the Platform as well as the employees, directors and other affiliates of GEOTALE.
      2. During the course of any investigation against the User.
      3. In compliance with any law, statutory order or governmental direction.
    6. GEOTALE reserves the right to check, monitor and record all the information disclosed, posted, distributed, uploaded, shared or made available to the public anywhere on the GEOTALE. However, this shall not be understood as a binding obligation on GEOTALE to monitor and filter all the information or content disclosed, posted, distributed, uploaded, shared or made available to the public anywhere on the Platform. GEOTALE does not guarantee confidentiality of such information or content.
    7. On the expiry of the term or the termination of the usage of the Platform by the User, both Parties shall return to the Disclosing Party any and all information pertaining to it stored by the Receiving Party. The Receiving Party shall, on request from the Disclosing Party, destroy all information pertaining to the Disclosing Party.
  9. INDEMNITY AND LIABILITY
    1. Users hereby agree and accept to indemnify and hold GEOTALE, its affiliates, officers, directors and employees harmless from any claim, action, demand, loss or damages (inclusive of attorneys’ fees) whatsoever incurred as a direct or indirect consequence of (i) User’s use of the Services (ii) any breach of the provisions contained herein or (iii) infringing or violating any of the intellectual or proprietary rights of any third party.
    2. The Users shall be entirely responsible for any and all content/information/tip/experience shared and posted by them on the Platform. GEOTALE does not owe any responsibility to any person with respect to any information or content that is posted on the Platform.
    3. In order to transfer and store data in a secured manner, GEOTALE may take the help of other third party suppliers. The third party suppliers may use a different technology and system to transfer and store data. This system may allow others who are not associated with GEOTALE to transfer and store some or all data within the same framework that is used to store User’s data by GEOTALE. Owing to the transfer of User data to multiple jurisdictions, the User agrees and accepts that he/she shall be subjected to different laws. The User also accepts that there are inherent risks involved in the internet connectivity that could result in the loss of privacy, privacy data and confidential information.
    4. The Users shall be responsible for the security of their accounts, passwords, files and the proper functioning of the enabled device. The User shall also be responsible for all the activities undertaken and the services received by the account irrespective of whether such activities or services have been consented and authorized or not.
    5. GEOTALE shall not be responsible for any internet or data charges levied by the service provider to the User due to the normal or excessive usage of data on the device. The User shall be entirely responsible to avail the data plan required to make use of the Services of GEOTALE.
    6. Under no circumstances shall GEOTALE be responsible for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind arising out of, or in any way connected with this Service, including but not limited to the use or inability to use the Service, or for any content obtained from or through the Service, any interruption, inaccuracy, error or omission, disclosure of confidential information or loss of privacy, regardless of whether GEOTALE has been advised of the possibility of such loss or damage.
    7. Users hereby acknowledge that all of the Services availed by them are done so at their sole discretion and risk and that GEOTALE shall, at no point in time, be liable for any loss or destruction of any content or information provided by the User.
    8. Neither Party shall be liable for the non-performance of their respective duties and obligations if such non-performance was a direct result of a Force Majeure event. For the purposes of this Agreement, a Force Majeure event shall mean any event beyond the control of the Parties which prevents them from carrying out their respective obligations including but not limited to any Act of God, war, riot, fire, electrical shortages or change in law.
    9. The User agrees and acknowledges that no legal action that arises out of the Terms of Use or Privacy Policy can be brought forth on GEOTALE later than one year from the date on which the cause of action arose.
    10. The Services of GEOTALE may not be available in every geographical location. The User is responsible to determine whether the Services are available with the best quality to suit the requirements of the User. GEOTALE shall not be responsible for non-functioning of the Platform due to geographical discrepancies.
  10. OWNERSHIP OF INTELLECTUAL PROPERTY
    1. GEOTALE and/or its licensors own all rights, title and interests, including all intellectual property rights, in and to the Platform as well as those present in or related to the payment processing functionality and the Services offered. The GEOTALE name, GEOTALE logo, and any product names associated with GEOTALE are proprietary trademarks or trade names of GEOTALE or third parties and no right or license is granted to Users. GEOTALE reserves the right to take appropriate legal action against any User found to be using any of the trademarks, Services or other intellectual property belonging to GEOTALE.
    2. Users shall ensure that they have or otherwise have secured all necessary rights, licenses and approvals over any third party Intellectual Property used or otherwise posted by them.
    3. GEOTALE is strictly against copyright infringement and will terminate the account of repeated offenders as per the rules and regulations laid down under the U.S Digital Millennium Copyright Act.
    4. In the event that any User suspects the infringement of any his/her or any third party’s Intellectual Property rights by any other User, including infringement of their copyrights, such User may report the matter to GEOTALE at info@geotale.com.
  11. REPRESENTATION AND WARRANTIES
    1. Users hereby represent and warrant that he or she has not provided any false identification nor provided any false information to gain access to the Services of GEOTALE and that all the information submitted by them is true, accurate and complete to the best of their knowledge.
    2. GEOTALE does not represent or warrant, and hereby disclaims warranty to the effect that (a) use of service will be secure, timely, uninterrupted or error-free or (b) the service will meet the User’s requirements and expectations (c) it holds any liability for any content or information posted by the Users or any other person and authenticate the same.
    3. GEOTALE hereby represents and warrants that it shall not be responsible for any error in the information or content that is posted or shared by the Users on the Platform. GEOTALE makes no representation or warranty with regard to the compatibility of its Services with any of the User’s devices.
    4. The Services may be subject to limitations, delays, interruptions, failures and other problems inherent with the use of the internet and electronic communications. GEOTALE and its providers are not responsible for any delays, interruptions, failures or other damages, losses, claims or liabilities resulting from such problems.
    5. The User represents and warrants that he/she is not a person to whom GEOTALE is legally prohibited from providing its Services and/or is not on any governmental list of restricted persons.
    6. GEOTALE disclaims any and all liability and warranties, implied or express, for the harm and damage caused to the enabled device or any other problem with respect to hardware or software and any resulting damage regardless of the cause for such damage.
  12. USE OUTSIDE USA
    1. In the event that any User utilizes the Services outside the territory of the United States of America, such User shall solely be responsible for compliance with all the applicable laws, including without limitation to any privacy, data protection, import and export laws and regulations of other countries.
  13. MODIFICATION TO TERMS
    1. The Services provided by GEOTALE through its Platform is developed with an intention to help its Users access information. In order to provide its best Services to the Users, GEOTALE needs to grow and with growth comes change.
    2. GEOTALE reserves the right to update or modify or change the Terms and Conditions of Use, or any provisions thereof, or its policies relating to the Service, including without limitation, its Privacy and Security Policy at any time. No notice shall be served prior to making such changes and the revised policies may be viewed on the Platform.
    3. GEOTALE may choose to discontinue providing its Services or any part of its Services, permanently or temporarily, without any prior intimation to the Users.
    4. GEOTALE may also choose to limit the usage of its Services to Users and may also abstain from providing storage space to the Users beyond a certain specific limit, without providing any prior notice to the same.
    5. The continued use of the Platform or the Services by the User after revising this Terms and Conditions of Use or any other policy of GEOTALE shall be construed as the respective User’s acceptance of the revised policy.
  14. SEVERABILITY
    1. In the event that any of the provisions specified herein is found to be unlawful or otherwise unenforceable, then, such provision may be made severable and the rest of this Terms and Conditions of Use shall continue on as if such severable portion was never a part hereto. Provided, such severance does not have an adverse effect on the rights of either Party.
  15. ENTIRE AGREEMENT
    1. The Terms and Conditions of Use contained herein along with the Privacy Policy shall set out the entire understanding and the agreement between the Parties shall supersede any and all other agreements or understandings.
  16. CHOICE OF LAW
    1. This Agreement shall be governed by and interpreted under the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California by Californian residents.
    2. For a claim over the Terms of Use, the User’s data is presumed to have resided or transferred exclusively within the jurisdiction of State of California.
    3. Any action arising out of or related to the Terms of Use may only be brought forth in the Courts of California and exclusive jurisdiction will rest with the Courts of San Diego County, CA.
    4. English shall be the governing language for all the interactions and transactions between GEOTALE and the User including, but not limited to, the negotiation, litigation and resolution of disputes between the Parties.