PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE PROCEEDING FURTHER. ALL TERMS AND CONDITIONS LISTED IN THIS AGREEMENT ARE LEGALLY BINDING.
Acceptance of Terms
This is an agreement between GeoSocials (hereafter referred to as "we", or "us") and the user (hereafter referred to as "you" or user") that lays out the various terms and conditions (also referred to as Services) provided by us.
Acceptance of this agreement is deemed in any one of three ways, namely, explicit acceptance of the agreement, using the services provided by the website and/or downloading the GeoSocials application from the website. Where the user performs any one of the above-mentioned three actions, the user is deemed to have entered into an agreement with GeoSocials. This is a legally binding agreement. Non-acceptance of the terms and conditions listed in this agreement will result in inability to use the services provided by us.
Eligibility and Registration
Presently, GeoSocials has restricted use of this service to all users above the age of 13 years. This explicitly prohibits all users below 13 years of age from applying or registering to this service. However, GeoSocials reserves the right to change or modify the eligibility criteria at any later date, if it should so decide.
GeoSocials allows users to access and view the site without registering but for purposes of actual gaming or use of their services, registration is essential. When you register with GeoSocials, you warrant and represent that:
Failure to follow any of the above terms is considered as direct breach of the terms of service of GeoSocials. In such cases, GeoSocials reserves the right to terminate or suspend your registration as well as your access to our services.
Content and Materials
GeoSocials considers and acknowledges three types of content, namely, created and owned by GeoSocials, User created and Third Party content. For the purposes of this agreement, content means and includes location information, personal information, photos, videos, shouts, audio clips, texts, data, chats, software, graphics, scripts as well as interactive features, created by GeoSocials, all of which are accessible or made accessible to the user through the service provided at GeoSocials. All content remains and shall remain the sole responsibility of the creator or sharer. GeoSocials will not be responsible for any content so added by users or third parties. Any content shared by users or third parties can and shall be accessed at your own risk and discretion. GeoSocials is not responsible for any loss or damage caused due to such access.
GeoSocials Content
This refers to all texts, logos, marks, compilations, software and all content other than user content or third party content, which is used by GeoSocials to deliver the service to the user and third party. All such content is protected by trademarks, copyrights, patents, service marks, trade secrets and other related proprietary rights and laws, as applicable to this website. Users are required to abide by all such laws and regulations, including notices related to copyrights, restrictions etc. when accessing any such information through this site.
Subject to these Terms and Conditions, GeoSocials grants all users a worldwide, non-exclusive, non-sub licensable, non-transferable, revocable license to use the Content, for personal or non-commercial use. GeoSocials expressly prohibits the use, modification, reproduction, distribution or storage of such content for reasons other than personal or non-commercial, without the prior written permission of GeoSocials or the copyright holder identified in the case of the said content, whichever being applicable. Further, you are expressly prohibited to sell, license, rent, or otherwise use or exploit any content for commercial use (whether or not for profit) or in any manner that violates or infringes any third party right.
User Content
User content, for the purposes of this agreement, means and includes all photos, texts, videos, audio clips, chats, shouts and all other material posted or uploaded or shared by the user. All such information remains the sole property of the user and GeoSocials does not claim any ownership with regard to copyright or other proprietary rights for the same.
With regard to the nature of User content that can be shared through GeoSocials, you agree not to:
Notwithstanding the above-mentioned clause, all users agree:
GeoSocials reserves the right to record user content, investigate into any allegation pertaining to user content in that it does not conform to these terms of service and remove the same if found to be violating these terms of service. GeoSocials also reserves the right to monitor, edit and disclose user content or registration information, based on its discretion while also reserving the right to edit or delete the said content, irrespective of whether or not it conforms to the terms of service.
Notwithstanding GeoSocials is under no obligation, moral or otherwise, to control or edit any such information posted or shared by any user. All information posted shall be done so at the risk of the user. Similarly, all such information accessed shall be at the risk of the user and GeoSocials is in no way responsible for any risk posed to the user due to accessing of, using and relying on such information. Extreme caution should be exercised by all users when accessing user content on this website.
Points, Rewards and Prizes
GeoSocials allows its users to earn points/rewards/discounts when playing its games whilst also enabling them to qualify for prizes. It is to be noted that not all customers are eligible for such points/rewards/discounts etc and neither are they awarded at all times. Following are the basic conditions that are to be fulfilled for earning such points/rewards/discounts.
Rewards are not applicable to all challenges and are usually sponsored by third parties. If and where such rewards are offered, the fulfillment of the reward is the responsibility of the Partner or third party sponsoring the same. GeoSocials has no responsibility towards fulfillment of any such third party rewards or prizes.
Third Party Websites and Content
GeoSocials may allow various third party websites to place their links as well as content onto their website. However, GeoSocials is in no manner responsible for any such information posted by such third parties. All links provided on our website are for your convenience but it does not mean that we endorse or sponsor the same or are in any manner affiliated with such third parties. All transactions entered into by you with such third parties should be at your sole discretion, after completing due investigation into the veracity of such posts.
User Submitted Ideas and Suggestions
We at GeoSocials welcome and appreciate all ideas and suggestions recommended by our users. All such submissions however, once submitted, become the sole property of GeoSocials. Whilst GeoSocials is under no obligation to act upon these ideas or suggestions, it shall not be liable for any inaction. Moreover, GeoSocials can share and use these ideas and suggestions, in any manner it may deem fit, without providing any compensation to the original inventor or author or creator.
Warranty Exclusions and Limitation of Liability
While GeoSocials warrants that all services offered by it conform to the basic description specified on their website, it does not warrant that all features and services will be available without errors or interruption or downtime. Periodic downtime is inevitable and should be accepted by all users for regular maintenance and update reasons, during their use of the service.
In cases of any breach of warranty, GeoSocials is liable to the limited extent of repairing the said fault and/or refunding any amount paid by the user, which is also the sole remedy available to the user. Except this liability, GeoSocials expressly disclaims any or all warranties and representations made expressly or implicitly with regard to the service provided. Further, no complaint or information, whether written or oral shall be deemed to be considered as a creation of any such warranty, which is not expressly mentioned herein.
GeoSocials is not liable for any risk or harm caused to the person or for any death or injury caused to the user during the use of its service. Further, GeoSocials does not assume any responsibility or accept any liability for any content on the website or any behavior of the other users or for any bodily harm or death caused during the usage of its service. Also, GeoSocials is not liable for providing access to using its service at the place so selected by the user. It is important to note that all users playing GeoSocials will do so at their own risk.
GeoSocials is not responsible for any loss of business or profits or any damages caused to business, whether due to contract or negligence or other, even when it arises from playing GeoSocials. You cannot recover any such loss or damages from GeoSocials, even if we or our partners were informed in advance.
Notwithstanding GeoSocials is only liable to the extent of the amount paid by you for using its services, if and where applicable. All clauses related to warranties and limitations of liability are subject to local jurisdiction.
Indemnity
User shall indemnify and keep indemnifying GeoSocials against all claims, actions, suits, liabilities, proceedings, damages, costs etc. that arise out of the user's use of the GeoSocials service or the breach of the user of the terms and conditions of the service. Such indemnity shall also be extended without limitation to any such action brought about by any non-participant third party against the user, seeking damages for harm or injury caused due to the latter's use of the Service. GeoSocials reserves the right to assume sole control of the defense and settlement of any claim, action, suit or proceeding, which the user is obliged to indemnify and keep indemnifying.
Indian Copyright Act, 1957
GeoSocials complies with all provisions of the Indian Copyright Act, 1957, as applicable to commercial website owners in India.
Language
English is the legal language of this website, which is accepted and approved for all purposes and uses. It is pertinent to note that different language translations are provided for various documents available on the website. However, all such translations are for your convenience only and for no other purpose. In event of any contradiction between the terms of service provided in English and that in any other language, it is important to note that the English language version shall prevail over all others. Moreover, the Terms of Service laid down in English is absolutely final and will govern your interaction and relationship with GeoSocials, at all times.
Applicable Laws and Jurisdiction
GeoSocials is owned and operated by XLabz Technologies Private Limited, a company registered and operational in Pondicherry, India. All matters arising from or related to the use and operation of the services provided at GeoSocials will be governed by the local laws applicable in Pondicherry as well as the State and Central laws of India. By agreeing to these terms of service, you are agreeing to be bound by and liable to these rules and laws and have all matters resolved by the Courts in India. You further consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to access the Services from locations other than India, you will be responsible for complete compliance with all local laws of such location, and in no event shall you use the service in violation of Indian laws or regulations.
Amendments
GeoSocials reserves the right to amend and modify these terms of service, from time to time, as it may deem fit, with or without any prior notice to the user. All users are under an obligation to verify the status of the terms of service regularly, to avoid any breach.
Miscellaneous Terms
GeoSocials is in no manner responsible or liable for any act or omission, with respect to the clauses mentioned in this agreement, which is solely caused due to circumstances beyond its control. This specifically includes situations where the security of the website is compromised, despite due care, in inconceivable and unavoidable circumstances, which leads to a direct violation of the privacy policy. In all such cases where personal and location information is compromised due to unavoidable circumstances, GeoSocials shall not be held responsible for the said compromise. Moreover, GeoSocials shall not be held responsible for any illegal or bad usage of the information so compromised by factors beyond their control.
Any delay or omission on the part of GeoSocials in exercising any right that accrues by way of your noncompliance or default shall not impair the right to exercise this right nor be construed as a waiver of the right. Further, no waiver of GeoSocials, explicit or implied, made with regard to any act or omission on your part shall be construed as a waiver of any such breach, should it occur subsequently.
Even where any clause in this agreement is found to be invalid or unenforceable by any court of competent jurisdiction, this Agreement shall remain in full force and effect. However, it shall be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
This agreement between you and GeoSocials takes predominance over all other promises, agreements or representations, written or oral, between you and the company on this subject matter, except in cases where expressly provided in this agreement. All rights and obligations accrued under this agreement cannot be transferred or assigned to any third party.
Both parties to this agreement agree that this electronic text constitutes a written agreement. Further, your acceptance of the terms and conditions mentioned herein constitutes consent as if by affixing your signature, for all purposes.