1. GeoSpot and You
1.1 Your use of GeoSpot’s products, software, services and web sites (referred to collectively as the “Services”) is subject to the terms of a legal agreement between you and GeoSpot, Inc., a Delaware corporation. (“GeoSpot”).
1.2 Unless otherwise agreed in writing with GeoSpot, your agreement with GeoSpot will include at a minimum the terms and conditions set forth in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with GeoSpot will also include the terms of any Legal Notices that may be applicable to the Services in addition to the Universal Terms. They may be referred to as the “Additional Terms”. Where Additional Terms is applicable to a Service, they will be accessible for you to read either within or through your use of that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and GeoSpot in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms and the Universal Terms, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must accept the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that GeoSpot will treat your use of the Services as your acceptance of the Terms.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with GeoSpot, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
3. Language of the Terms
3.1 Where GeoSpot has provided you with a translation of the English language version of the Terms, you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with GeoSpot.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall have precedence.
4. Provision of the Services by GeoSpot
4.1 GeoSpot has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). From time to time, these companies will provide the Services to you on behalf of GeoSpot itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 GeoSpot is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which GeoSpot provides may change from time to time without prior notice to you.
4.3 You acknowledge and agree that GeoSpot may without any prior notice cease providing the Services (or any part within the Services) to you at GeoSpot’s sole discretion. You may stop using the Services at any time. Unless otherwise provided, you do not need to inform GeoSpot when you stop using the Services.
4.4 You acknowledge and agree that if GeoSpot disables access to your account, you may be prevented from accessing the Services, your account details or any other information which is contained in your account.
4.5 You acknowledge and agree that while GeoSpot may not currently have an upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by GeoSpot at any time, at GeoSpot’s sole discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to GeoSpot will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by
(a) the Terms and (b) any applicable law, regulation or generally accepted
practices or guidelines in the relevant jurisdictions (including any laws
regarding the export of data or software to and from the
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by GeoSpot, unless you have been specifically allowed to do so in a separate agreement with GeoSpot. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with GeoSpot, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that GeoSpot has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which GeoSpot may suffer) of any such breach.
5.7 Map Services. GeoSpot may provide you with software code (e.g. Javascript) (“Software”), including software code that allows you to display GeoSpot map images on your website or computer, subject to the limitations and conditions provided herein. The Software is limited to allowing you to display map images only, and does not provide you with the ability to access the underlying map data, any services provided by GeoSpot in connection with its maps service (such as local search or directions), or any other GeoSpot service. Subject to the limitations and conditions described herein, you may use the Software to display map images in conjunction with other information.
5.8 Photographic Imagery. The GeoSpot map images accessible to you through the Service may contain photographic imagery. Your use of this photographic imagery is limited to displaying it to end users within the Service itself, and in the same manner, form, format, and appearance as it is provided by the Service. You may not, nor may you allow others to, copy, distribute, display, alter, or otherwise use, this photographic imagery except as it is provided to you through the Service. GeoSpot reserves the sole right and discretion to determine whether your display of photographic images through the Service is in conformance with this Section, and also reserves the right to terminate or suspend your access to photographic imagery at any time for any reason, without notice.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to GeoSpot for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify GeoSpot immediately.
7. Privacy and your personal information
7.1 For information about GeoSpot’s data protection practices, please read GeoSpot’s privacy policy. This policy explains how GeoSpot treats your personal information, and protects your privacy, when you use the Services.
7.2 You agree to the use of your data in accordance with GeoSpot’s privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to GeoSpot (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by GeoSpot or by the owners of that Content, in a separate agreement.
8.3 GeoSpot reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, GeoSpot may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that GeoSpot has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which GeoSpot may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that GeoSpot (or GeoSpot’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by GeoSpot and that you shall not disclose such information without GeoSpot’s prior written consent.
9.2 Unless you have agreed otherwise in writing with GeoSpot, nothing in the Terms gives you a right to use any of GeoSpot’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any features in a separate written agreement with GeoSpot, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and GeoSpot's feature use guidelines as updated from time to time. These guidelines can be viewed online (or such URL as GeoSpot may provide for this purpose from time to time).
9.4 Other than the limited license set forth in Section 11, GeoSpot acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with GeoSpot, you agree that you are responsible for protecting and enforcing those rights and that GeoSpot has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (such as patent, copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by GeoSpot, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from GeoSpot
10.1 GeoSpot grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by GeoSpot as part of the Services as provided to you by GeoSpot (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by GeoSpot, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by GeoSpot, in writing.
10.3 Unless GeoSpot has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content license from you and Your Indemnification of GeoSpot
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give GeoSpot a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, sublicense, create derivative work and distribute any Content which you submit, post or display on or through, the Services.
11.2 You agree that this license includes a right for GeoSpot to make such Content available to other companies, organizations or individuals with whom GeoSpot has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that GeoSpot, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit GeoSpot to take these actions.
11.4 You confirm and warrant to GeoSpot that you have all the rights, power and authority necessary to grant the above license.
11.5 You agree to indemnify and hold GeoSpot, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the GeoSpot sites, (ii) your use of the Services, (iii) the violation of these Terms by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
12. Software updates
12.1 The Software which you use may automatically download and install updates from time to time from GeoSpot. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit GeoSpot to deliver these to you) as part of your use of the Services.
13. Ending your relationship with GeoSpot
13.1 The Terms will continue to apply until terminated by either you or GeoSpot as set out below.
13.2 If you wish to terminate your legal agreement with GeoSpot, you may do so by (a) notifying GeoSpot at any time, (b) closing your accounts for all of the Services which you use, where GeoSpot has made this option available to you, and (c) ceasing all use of the Services. Your notice should be sent, in writing, to GeoSpot’s corporate address.
13.3 GeoSpot may at any time, terminate its legal agreement with you if:
(A) you breached any provision of the Terms (or have acted in manner which
clearly shows that you do not intend to, or are unable to comply with the
provisions of the Terms); or
(B) GeoSpot is required to do so by law (for example, where the provision of
the Services to you is, or becomes, unlawful); or
(C) the partner with whom GeoSpot offered the Services to you has terminated
its relationship with GeoSpot or ceased to offer the Services to you; or
(D) GeoSpot is no longer providing the Services to users in the country in which you are resident or from which you use the service.
13.4 Nothing in this Section shall affect GeoSpot’s rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and GeoSpot have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraphs 15 and 20 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT GEOSPOT’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
14.3 IN PARTICULAR, GEOSPOT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES
WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GEOSPOT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 GEOSPOT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GEOSPOT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGES A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH GEOSPOT MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE GEOSPOT WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON GEOSPOT’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT GEOSPOT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copyright and Trade Mark Policies
16.1 It is GeoSpot’s policy to respond to notices of alleged copyright
infringement that comply with applicable international intellectual property
law (including, in the
16.2 GeoSpot has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of GeoSpot's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.
* GeoSpot Policy.
It is GeoSpot's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
* Procedure for Reporting Copyright Infringements.
If you believe that material or Content residing on or accessible through GeoSpot sites or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that GeoSpot is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
* Upon Receipt of a Bona Fide Infringement Notification.
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is GeoSpot's policy:
1. to remove or disable access to the infringing material;
2. to notify the Content provider, member or user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that GeoSpot will terminate such Content provider's, member's or user's access to the service.
* Procedure to Supply a Counter-Notice to the Designated Agent.
If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the Content provider, member or user;
2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. The Content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which GeoSpot is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
* Removal.
If a counter-notice is received by the Designated Agent, GeoSpot may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at GeoSpot's discretion. Please contact GeoSpot's Designated Agent to Receive Notification of Claimed Infringement at the following address:
General Counsel
Copyright Agent, GeoSpot, Inc.
39300 Civic Center Dr. Suite 250
Fremont, CA 94538
Office Phone: (510) 494-8080
Fax: (510) 494-8088
Email to: legal@geospot.com
17. Advertisements
17.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
17.2 The manner, mode and extent of advertising by GeoSpot on the Services are subject to change without specific notice to you.
17.3 In consideration for GeoSpot granting you access to and use of the Services, you agree that GeoSpot may place such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other web sites or content or resources. GeoSpot may have no control over any web sites or resources which are provided by companies or persons other than GeoSpot.
18.2 You acknowledge and agree that GeoSpot is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18.3 You acknowledge and agree that GeoSpot is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1 GeoSpot may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, GeoSpot will make a new copy of the Universal Terms available and any new Additional Terms will be made available to you from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, GeoSpot will treat your use as acceptance of the updated Universal Terms or Additional Terms.
20. General legal terms
20.1 When you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and GeoSpot and govern your use of the Services (but excluding any services which GeoSpot may provide to you under a separate written agreement), and completely replace any prior agreements between you and GeoSpot in relation to the Services.
20.3 You agree that GeoSpot may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
20.4 You agree that if GeoSpot does not exercise or enforce any legal right or remedy which is contained in the Terms (or which GeoSpot has the benefit of under any applicable law), this will not be taken to be a formal waiver of GeoSpot’s rights and that those rights or remedies will still be available to GeoSpot.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of which GeoSpot is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
20.7 The Terms, and your relationship with GeoSpot under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and GeoSpot agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that GeoSpot shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.