| |
Terms Of Use |
|
| |
|
|
| |
Introduction |
|
| |
|
|
| |
Welcome to OUR website - http://www.geopepper.com. Here you can sign up for our Geographic Messaging Service. Our Geographic Messaging Service (or "GMS" or “Service” for short) is a way to get location-based alerts such as local content or information about other GMS users in your area and provides a means for users to communicate with each other without mediation. GMS can be accessed directly through the internet via this website and/or through a device application for your mobile handset that can be
downloaded from this website. No matter how you access GMS and before you become a user of GMS, you must agree to certain terms and conditions. Specifically, subscribers, customers, users and others who download applications or other software, access, use, purchase and/or subscribe to GMS (collectively or individually "You" or "Users") must do so under the following Terms of Use.
Your use of this Service indicates your agreement to be bound by these Terms of Use and the GMS Privacy Policy (together, this "Agreement"). If You do not agree with the terms and conditions of this Agreement, You may not access or otherwise use this service.
Violation of any of the terms and conditions of this Agreement will result in the termination of your access to GMS.
GMS is hosted in the U.S. Your data will reside in the U.S. and be subject to U.S. law.
GMS is owned and operated by Alcatel-Lucent, a Delaware Corporation, with offices located at 600 Mountain Ave, Murray Hill, New Jersey 07974 ("We" or "Us"). |
|
| |
|
|
| |
Intellectual Property, Copyrights and Trademarks |
|
| |
|
|
| |
GMS is owned and operated by Us. GMS, software, content, graphic elements and interfaces, software code, mobile handset application ("Materials") are protected by United States copyright, patent and trademark laws, international laws, conventions and all other relevant intellectual property rights and applicable laws.
- The Materials contained in GMS or displayed on GMS are proprietary to Us and/or third party licensors.
- All trademarks, service marks, and trade names in GMS or displayed on GMS are proprietary to Us and/or third party licensors.
Except as expressly authorized by Us, You agree not to sell, license, distribute, copy, modify, transmit, publish, edit, adapt, create modified works from, or otherwise make unauthorized use of the Materials. |
|
| |
|
|
| |
End User Licenses |
|
| |
|
|
| |
The GMS device application will be downloadable onto your mobile handset only through the http://www.geopepper.com Website.
We hereby grant to You a personal, nontransferable and nonexclusive right to use GMS in accordance with the terms and conditions of this Agreement. You may not reverse engineer, reverse compile, sublicense, rent, lease, disclose or assign the GMS device application or any other software accessed or obtained through the GMS Website and may not use, copy, modify, merge or transfer copies of the device application or such software except as expressly provided in this Agreement. No other licenses are granted under this Agreement except those expressly contained in this Agreement. |
|
| |
|
|
| |
Account Information |
|
| |
|
|
| |
GMS is not available to persons under the age of 18 or to any Users suspended or removed from GMS by Us. You agree that the information You provide via GMS upon registration and at all other times will be true, accurate, current and complete. You also agree that You will ensure that this information is kept accurate and up to date at all times. For example, You should notify Us if your mobile device number changes. In addition, You are responsible for ensuring compliance with your wireless provider's terms and conditions, and You agree to indemnify Us for any loss or damage that We may suffer as a result of any breach of this requirement or this Agreement by You.
When You register as a member You will be asked to provide a password. As You will be responsible for all activities that occur under your password, You should keep your password strictly confidential at all times. YOU MUST NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL AND KNOWN ONLY TO YOU. We reserve the right to suspend your account and/or require You to alter your password if we believe for any reason that your password is no longer secure. YOU MAY NOT SHARE YOUR PASSWORD WITH ANY OTHER PERSON FOR ANY REASON. |
|
| |
|
|
| |
General Responsibilities |
|
| |
|
|
| |
- You must be 18 years of age or older to use this service.
- While using GMS, You agree to comply with all local laws regarding online conduct, acceptable content, and copyright. Any violations should be reported to Us using our support email address or customer support phone number. While We will make every effort to respond appropriately to all reports, We do not guarantee that We will be able to do so.
- You will not impersonate any other GMS User, or try to gain access to data held under any account other than your own.
- You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You accept responsibility for any and all activities that occur under your account name.
- You agree not to harm minors in any way.
- GMS prohibits some types of conduct and Content (as defined below), You understand and agree that We cannot be and are not responsible for the Content published with GMS and You nonetheless may be exposed to such Content.
- You recognize that GMS is in Beta and that your use is at your own risk.
- You agree not to use GMS for any commercial or non-private use. We reserve the right to remove any commercial content from the Service.
- You agree not to use GMS or any location information displayed within GMS to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other.
- You agree not to include offensive or pornographic materials in your GMS personal profile page.
- You agree not to use GMS for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control.
- You agree not to make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of GMS. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
- You agree not to remove, circumvent, disable, damage or otherwise interfere with security-related features of GMS, features that prevent or restrict use or copying of any content accessible through GMS, or features that enforce limitations on use of GMS.
- You agree not to intentionally interfere with or damage operation of GMS or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
- You agree not to post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights.
- You agree not to use GMS in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or GMS could lead directly to death, personal injury, or severe physical or property damage.
- You agree not to attempt to gain unauthorized access to GMS, or any part of it, other accounts, computer systems or networks connected to GMS, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of GMS or any activities conducted on GMS;
- You agree not to use any robot, spider, scraper or other automated means to access GMS for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to GMS or modify GMS in any manner or form, nor to use modified versions of GMS, including (without limitation) for the purpose of obtaining unauthorized access to GMS; or
- You agree not to sell or transfer or allow another person to access your account password, profile, or GMS account.
- You agree that You will use GMS in a manner that complies with applicable laws, rules and regulations. For example, many jurisdictions prohibit the use if cellular telephones while operating a motor vehicle. You will be responsible for and assume all liability for any injury, damage or loss caused by your failure to comply with all such laws, rules and regulations, and with the provisions of this Agreement.
|
|
| |
|
|
| |
Content |
|
| |
|
|
| |
- By uploading, submitting or otherwise disclosing or distributing any information or material (Content) of any kind at or on http://www.geopepper.com (the Site) or otherwise through the Service, You represent and warrant that You own all rights in the Content or have the right to post such Content from the rights-holder (with the right to grant to Us the rights and licenses granted herein).
- You retain all of your ownership rights over any information or material You provide to the service. By posting Content, however, You do give permission to provide the Content to Users of GMS and services provided by our business partners.
Furthermore, You grant us and our affiliates a worldwide, royalty free, and non-exclusive license to reproduce, modify, adapt, and distribute such Content on GMS and on similar services. You also understand that we may collect fees for access to Content You provide to the service with no consideration (monetary or otherwise) due from Us to You.
- You agree not to upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, indecent, pornographic, libelous, invasive of another's privacy, hateful, embarrassing, distressing, or racially, ethnically or otherwise objectionable.
- We may, but have no obligation to, remove Content and accounts containing Content that We determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates this Agreement.
- We try to provide You with tools to determine who has access to material that You provide to the service, but You recognize that others than those You intend to see it may be able to access any material.
If You believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, You will provide a notification that includes the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that You claim has been infringed;
- A description of where the material that You claim is infringing is located in the service;
- Your address, telephone number, and email address;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in the notification is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
|
|
| |
|
|
| |
Network Charges |
|
| |
|
|
| |
Most features of GMS are provided free-of-charge. However, even if a feature is free-of-charge, You may incur charges from your mobile network provider. Mobile network charges You may incur include but may not be limited to text messaging, multimedia messaging, and data network access charges. It is your responsibility to be aware of the fees assessed by your mobile network and to pay for these charges.
The GMS device application (if downloaded) uses a large quantity of data network bandwidth. Therefore, We recommend that Users of the GMS device application have a mobile network plan that allows for unlimited data usage for a fixed fee. If an unlimited data plan is not available from your mobile network provider, You should consider not using the GMS device application.
|
|
| |
|
|
| |
Representations and Warranties |
|
| |
|
|
| |
- YOU UNDERSTAND AND AGREE THAT THE SERVICE PROVIDED BY ALCATEL-LUCENT HEREUNDER IS PROVIDED SOLELY AS A BETA SERVICE AND IS OFFERED "AS IS" AND THAT ALCATEL-LUCENT AND ITS AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, RELATING TO THE COMPLETENESS, RELIABILITY, EFFECTIVENESS, ACCURACY, PERFORMANCE, OR OPERATION OF THE SERVICE, OR AS TO ITS SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
You agree that your sole remedy of loss or damage caused by any defect or failure in GMS, regardless of the form of action, will be Alcatel-Lucents commercially reasonable efforts to fix the problem or affected portion. Neither Alcatel-Lucent nor its directors, employees, affiliates, contractors, suppliers, affiliates or agents will be liable for any direct, incidental or consequential damages (including loss of profits, revenues, savings or data) sustained or incurred in connection with the use of GMS, even if Alcatel-Lucent has been made aware of the possibility of such damages.
- There is no warranty for this service, to the extent permitted by applicable law.
- In no event will Alcatel-Lucent or its affiliates be liable to You for any damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the service (including but not limited to loss of data or data being rendered inaccurate or losses sustained by You or third parties or a failure of the service to operate with any other programs), even if We or any other party has been advised of the possibility of such damages.
- We reserve the right to refuse service to anyone for any reason at any time.
|
|
| |
|
|
| |
Modifications to this Agreement |
|
| |
|
|
| |
We reserve the right to revise this Agreement at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions to which You are bound. |
|
| |
|
|
| |
If You have questions or suggestions please contact us at:
GMS Help Desk
2A-311
600 Mountain Ave
Murray Hill, New Jersey, 07974
help@geopepper.com
|
|
| |
|
|