GeoLoqal Policies

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GeoLoqal Policies

Terms of service

1.   Acceptance of Terms

By using the website at www.GeoLoqal.com or any portion of the site (the “Site”) or any related services provided by GeoLoqal (including but not limited to APIs, embeds, and other off-site functionality) (the “Services”), you are agreeing to these Terms of Service. You also may be subject to additional guidelines, rules, policies or other terms of service posted on portions of the site. The Site and Services are only available to individuals who (a) are at least 14 years old and (b) either 18 years old or possess legal parental or guardian consent. GeoLoqal may, in its sole discretion, modify or revise these Terms of Service at any time, and you agree to be bound by such modifications or revisions. We will notify you by making the revised version available on this web page, and an updated revision date will indicate that changes have been made.

2.   Registration & Passwords

To use some of the features on the Site or Services, including the GeoLoqal API, you may be required to create an account. Any required fields that are submitted as part of the registration process must be accurate and complete. You are solely responsible for activity that occurs on your account. You should keep your password and/or API key confidential and agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

3.   Additional Terms & Guidelines:

When using the Site or Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features, which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms. Such additional terms and guidelines include third-party licenses that may apply to other data on GeoLoqal (below).

4.   Your Contribution and Use of Data and Content

  • Data. Raw data, facts, and general ideas are not protected by copyright law. You acknowledge that GeoLoqal may host, serve, reproduce, distribute, and allow the modification of data uploaded and made publicly available in connection with the Site or Services, and that other GeoLoqal users may reproduce, distribute, modify, manipulate, or build upon such data. Likewise, you may reproduce, distribute, modify, and manipulate or build upon data publicly available on GeoLoqal, subject to all conditions and disclaimers in these Terms of Use. In some cases, the use of certain data may be subject to a additional conditions, (e.g., third-party licenses); it is your responsibility to honor such agreements including, where applicable, to make others aware of any agreements conditioning your or their use, distribution, or manipulation of such data. Notwithstanding the above, and for the avoidance of doubt, GeoLoqal’s Privacy Policy describes how we use and protect publicly unavailable privacy-related data associated with your and other users’ use of GeoLoqal.
  • Content. To the extent you lawfully contribute original copyrightable content (as distinguished from raw or underlying facts, data, and ideas) to GeoLoqal, you grant GeoLoqal a perpetual, worldwide, irrevocable, royalty-free license to host, serve, reproduce, distribute, and develop derivative works of such content. Also, in some cases, the use of certain content may be subject to a third-party agreement (e.g. a Creative Commons license); it is your responsibility to honor such agreements including, where applicable, to make others aware of any agreements conditioning your or their use, distribution, or manipulation of such content.
  • By using the Site you represent and warrant that any User Content posted by you does not contain material or links to material that infringes upon a third party’s intellectual property or proprietary rights including, without limitation, copyright, patent, trademark, trade secrets, or rights of publicity or privacy. You further represent and warrant that you have all necessary rights and authority to provide and have posted on the Site the User Content, and to transfer such ownership of such User Content to GeoLoqal, and that GeoLoqal has the right but not the obligation to monitor and edit or remove any activity or User Content. You agree to accept full liability and responsibility for all User Content submitted by you or on your behalf for posting on the Site. You further acknowledge that the above language does not govern your use of GeoLoqal-owned content, marks, intellectual property, and other elements of the Site and Services. Section 9 below (“Proprietary Rights and Trademark”) applies to such GeoLoqal-owned materials.

5.  Prohibited uses

By using the Site or Services, you agree not to:

  • *upload any material that:
    • Infringes on any copyright or other intellectual property right of any other person or entity;
    • Is illegal, defamatory, libelous, deceptive, fraudulent, obscene or offensive;
    • Would be considered spam, unsolicited advertising or low quality data uploaded for the purpose of harming services;
    • Contains software viruses or other code designed to disrupt computing services;
    • As uploaded violates a valid third-party agreement;
    • *take any action that interferes or may interfere, based on our sole discretion, with operations of the Site or Services, including but not limited to:
      • Placing an unreasonable load on GeoLoqal infrastructure;
      • Circumventing security features used to prevent or restrict access to or use of the Site or Services;
      • Creating user accounts by automated means;
      • Impersonating any person or entity;
      • Using the Site or Services for any illegal purpose;
      • Using any embeddable or syndicatable features of the Site or Services in a way that alters or circumvents how GeoLoqal designed such features to be used;
      • Using of any embeddable or syndicatable features of the Site or Services for the primary purpose of gaining advertising or subscription revenue.
      • Selling, reselling, redistributing, or sublicensing the Services or otherwise charging third parties for access to the Site or Services. For the avoidance of doubt, these commercial restrictions do not generally apply to data and content accessed via the Services, but rather to the use of the Services themselves — except in certain circumstances noted above (see “Your Contribution and Use of Data and Content”).

7.  API Usage

API enables you to programmatically access portions of the Services enabling the development of applications. As noted above, any use of the API constitutes use of the Services and any use of the API is governed by these GeoLoqal Terms of Service. You agree to make users of any third-party applications aware of these terms via a commercially reasonable manner, and you acknowledge that third-party uses of any applications you create from the GeoLoqal API shall be bound by these Terms of Service. You agree not to impose any terms or conditions that conflict with these Terms of Service on such third-party uses. For the avoidance of doubt, materials lawfully uploaded to and made available on GeoLoqal via GeoLoqal API-based applications you develop shall be governed by these terms of use, and you agree not to encumber or restrict such contributions to GeoLoqal in any way that contradicts these terms. You agree to display the GeoLoqal ID in machine readable format on any pages where GeoLoqal Data is incorporated.

Additional terms for API usage: GeoLoqal may at its sole discretion restrict and limit access to API calls. You agree to abide by these limitations (such as daily usage quotas). You agree not to use methods (such as using multiple IP addresses) to get around these limitations. You also agree to make reasonable good faith efforts to ensure that others’ uses of any tools or software you create that use the GeoLoqal API do not result in any of the prohibited uses under these Terms of Service. GeoLoqal, in its sole discretion, may at any time change the specifications of or restrict or limit access to the APIs. GeoLoqal may suspend or throttle Services until we believe the number of API calls will not exceed capacity limitations. You will not take steps to circumvent any technical measures GeoLoqal may put in place to implement throttling or suspension. You may not use the Site or the GeoLoqal API for customer or lead generation, general marketing and sales research, inclusion in paid services or real-time ad targeting (Contact GeoLoqal if you are interested in any of these use cases). GeoLoqal reserves the right, in its sole discretion, to charge fees for use of or access to specific levels of service around the GeoLoqal API or any portion of the services provided by it. If GeoLoqal decides to charge fees for Services, such fees and additional terms and conditions will be disclosed to you prior to the effective date when such fees or requirements would be imposed. If you do not agree to such charges at the time of the fee disclosure, simply discontinue your use of the GeoLoqal API. You may not use any portion of the services or data provided to you through the GeoLoqal API to (a) offer any product or service that competes with GeoLoqal, (b) provide third parties with any of the data except in conjunction with a product or service of your own, or (c) provide any of the data to third parties in bulk. You may not systematically query the GeoLoqal API in a manner to obtain and cache all Data for a given locality, Region or Country. GeoLoqal does allow for caching and storing of data provided through the GeoLoqal API, provided you delete data in compliance with all expiry headers, but encourages use of the GeoLoqal API and others services that provide more accurate and up-to-date values.

API Termination: Your license to GeoLoqal APIs under these Terms of Service continues until terminated by you or GeoLoqal. You may terminate the license by discontinuing use of the APIs. We may terminate the license to the APIs without liability at any time for any reason, with or without notice. Additionally, your rights to use the APIs will terminate immediately if you violate any of the terms and conditions herein. Upon expiration or termination of the license granted herein, you will discontinue any and all use of the GeoLoqal APIs. You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that this web site may expose you to content that may be objectionable or offensive. The site editor will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.

8.   Privacy Policy

We respect the privacy of our users. These Terms of Service incorporate the terms of the GeoLoqal Privacy Policy.

9.   Service Modifications and Availability

GeoLoqal reserves the right, at its sole discretion, to modify or discontinue the Site or Services, at any time, for any or no reason, and without notice or liability. We also schedule system downtime from time to time, and unplanned system outages may occur. We shall have no liability whatsoever for the resulting unavailability of the Site or Services or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site or Services. We reserve the right to delete or not use any data that you contribute to GeoLoqal through the website or API.

10.  Proprietary Rights and Trademark

The Website. The visual interfaces, graphics, design, compilation, code, products, services, and all other proprietary elements of the Site and Services provided by GeoLoqal (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except as otherwise designated here and on the Site or Services, all Materials contained on the Site or Services are the property of GeoLoqal or its subsidiaries or affiliated companies and/or third-party licensors. Except as expressly authorized by GeoLoqal, you agree not to sell, sell access to, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the proprietary elements of the Site and Services.

GeoLoqal Marks. All trademarks, service marks, and trade names are proprietary to GeoLoqal or its affiliates and/or third-party licensors. Except as expressly authorized by GeoLoqal, you may not use or display any mark, name, trade name, or logo appearing on the site without the owner’s prior consent or other legal authorization.

Embeds, Syndication, APIs. GeoLoqal hereby grants you a limited license to use its marks in association with embeddable or syndicatable features of the Site or Services, or with uses of GeoLoqal APIs, provided that your use of such features (a) does not alter or modify any brand features GeoLoqal makes available for use with such features and APIs, (b) complies with GeoLoqal’s then-current brand usage policies, which GeoLoqal reserves the right to revise, in its sole discretion, from time to time, and (c) complies with all other terms and conditions herein. You shall abide by GeoLoqal’s API attribution requirements, which are outlined in the GeoLoqal API documentation. GeoLoqal reserves the right to change or modify such attribution requirements.

Reservation of Rights. GeoLoqal reserves all rights not expressly granted in these Terms of Use.

11.  Disclaimers; No Warranties

GeoLoqal is not responsible for the accuracy or reliability of any materials or data accessed via the Site or Services, whether caused by Users or by any of the equipment or programming associated with or utilized in Site or Services. We are not responsible for the conduct, whether online or offline, of any User of Site or Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other Users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Site or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with Site or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of Site or Services or from any Content posted on the Site or transmitted to Users, or any interactions between Users of Site or Services, whether online or offline. Site or Services are provided As-Is and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (a) the Services will meet your requirements; (b) the Services will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the Services will be accurate or reliable.

12. Limitations of Liability

In no event shall we be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Site or Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to your use of the Site or Services (for any cause whatsoever and regardless of the form of the action), will at all times be limited to US$50. You understand and agree that the download and upload of any material through this site is done at your discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result in the download or upload of any material. GeoLoqal neither assumes, nor does it authorize any person or entity to assume on its behalf, any other liability in connection with the provision of the Site or Services. The limitations of liability provided in these Terms of Service inure to the benefit of GeoLoqal Inc., shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law. Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.

13. Indemnity

You agree to indemnify, defend and hold harmless GeoLoqal, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your use of the Site or Services, including APIs, provided hereunder by GeoLoqal, any data you provide, any violations by you of any applicable laws or regulations, and any breaches by you of these Terms of Service.

14. Severability

When using the GeoLoqal Platform, you will be subject to any additional posted guidelines or rules applicable to specific services and features, which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.

15. Waiver

The failure of GeoLoqal to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by GeoLoqal.

16. Relationship of Parties

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service, and these Terms of Service are solely between you and GeoLoqal and are not intended to be for the benefit of any third party. If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that GeoLoqal is under no obligation to become involved. In the event that you have a dispute with one or more users or third parties, you hereby release GeoLoqal, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.

17. Governing Law and Jurisdiction

GeoLoqal is run out of the US. This Agreement shall be governed by the laws of the State of New York. If you use this Site outside the USA, you are responsible for following applicable local laws.

18. Entire Agreement

This is the entire agreement between you and GeoLoqal relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by GeoLoqal as set forth in section 1 above.

Privacy Policy

GEOLOQAL (“GeoLoqal”) values the privacy of our users. This Privacy Policy describes GeoLoqal’s policies and procedures on the collection, use and disclosure of your information. This Privacy Policy is subject to the GeoLoqal Terms of Use. Your use of the GeoLoqal services (“Service”) and any personal information you provide remain subject to the terms of this Privacy Policy.

The Information GeoLoqal Collects

  • Registration Information: When you register for the Service, you may choose to provide certain personally-identifiable information such as name, email address, mobile phone number, Facebook profile, etc.
  • Profile Information: You may choose to provide us with additional information such as a short biography, your time zone, a picture, etc. We will display this information on your profile page, which you can choose to make public or private.
  • Location Information: When you use the Services, we collect location information from your device, from your wireless carrier, or from your web browser. At any point you can prevent the Services from collecting location information if you wish. We will not collect location information without your explicit consent to do so.
  • User Communications: When you send Loqalnotes to yourself or other users, or input text into the Services, we may retain those communications in order to process your inquiries and improve our Services.
  • Log File Information: When you, or someone you shared your location with, accesses our Services via a web browser or another client, we may retain log entries relating to these requests which may include IP address, browser type, browser language, the date and time of the request, and one or more cookies that may uniquely identify your browser or your account.
  • Cookies: We use cookies to uniquely identify your browser in order to store user preferences and improve the user experience. No personally identifiable information is stored in cookies. We store a unique identifier in cookies, which links your browser session to information stored on the server.

Information Sharing and Disclosure

Tip: We protect your private information and will not disclose it except in the few cases described here.

GeoLoqal will never disclose your personally identifiable information or location information connected to your personally identifiable information to other companies without your express consent.

  • Your Consent: Your location data is only available to you unless you choose to share it with other users or with services that you have expressly chosen and authorized. For example, when you create a shared link, your location will be visible to anyone with whom you share the link for the duration you specified. Additionally, some third-party Layer providers may request your exact location when you are within places on their layers, which will only be sent to them if you are subscribed to those layers.
  • Service Providers: GeoLoqal may disclose aggregate, anonymous data in reports to interested third parties to assist in providing services on the GeoLoqal platform.
  • Law: GeoLoqal may release personally identifiable information, registration information, or location information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws or to respond to a court order, subpoena or search warrant.
  • Protection: GeoLoqal reserves the right to disclose personally identifiable information, registration information or location information in order to take precautions against liability, protect users from fraudulent, abusive, or unlawful uses, to investigate and defend ourselves against any third-party claims or allegations, or to protect the security and integrity of the GeoLoqal Services.
  • Business Transfers: If GeoLoqal is acquired or merges with another company, user information and/or location information would be one of the assets that is transferred or acquired by a third party.
  • Non-Private or Non-Personal Information: GeoLoqal may share or disclose your non-private, aggregated, or otherwise obfuscated non-personal information such as the number of visits to your profile page, the cities or neighborhoods in which location data have been logged, but will never disclose exact coordinates without your permission.

Information Security

We take appropriate and industry-standard security measures to protect against unauthorized access to your data. These include internal reviews of our systems, industry-standard SSL encryption, and appropriate physical security measures to guard against unauthorized access to physical systems where we store data.

Children’s Privacy

No part of the GeoLoqal services are intended for use by persons under 14 years of age. IF YOU ARE UNDER 14 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE GEOLOQAL SERVICES AT ANY TIME OR IN ANY MANNER. If GeoLoqal determines that personally identifiable information of persons under 14 have been collected without verifiable parental consent, then GeoLoqal will remove the information from our systems. If you are a parent or guardian and learn that your child under 14 has created a GeoLoqal account, you may alert us at hello@GeoLoqal.com and request that the information is removed from our systems.

Changes and Updates to this Privacy Notice

This privacy notice may be revised at any time without further notice to you, and this will be reflected by the “last modified” date at the bottom of the page. Please visit this page to be aware of changes to this policy. Your continued use of GeoLoqal constitutes your acceptance of this policy. For revisions to this policy that may be significantly less restrictive of our use of your information, we will make a reasonable effort to notify you (such as via email, SMS, phone call, or other means of communication as well as on our blog) to give you at least 7 days notice of the changes.

Contact Information

GeoLoqal, Inc. is a New York corporation. You can reach us via email at hello@GeoLoqal.com or at info@GeoLoqal.com. You can visit our company blog at GeoLoqal.com/blog and you can follow us on Twitter at twitter.com/GeoLoqal.

Effective Date, Date Last Modified

This privacy notice is effective as of Oct 1st, 2012. Last modified on October 1st, 2012.