Ownership and Copyright
Except as otherwise indicated, GeoScout and the Site, and all text, images, marks, logos and other content contained therein, including, without limitation, the LBS logo and all designs, text, photos, graphics, pictures, information, data, code, software, music, sound files, other files, and materials, and the selection and arrangement thereof (collectively, the "Content") are the proprietary property of LBS or its licensors and are protected by U.S. and international copyright laws. GeoScout, the Site, and all Content are © 2010 LBS Systems, LLC, All Rights Reserved.
LBS, GeoScout, The Grid, the LBS logo, and all other product or service names or slogans displayed in GeoScout or on the Site are registered and/or common law trademarks of LBS and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of LBS or the applicable trademark holder. In addition, the look and feel of GeoScout and the Site, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of LBS and may not be copied, imitated or used, in whole or in part, without the prior written permission of LBS. All other trademarks, registered trademarks, product names and company names or logos mentioned in GeoScout and the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by LBS.
Use of GeoScout or the Site
By using GeoScout, you acknowledge and agree that we will gather, use, and disclose information regarding your location. GeoScout allows the friends you choose to see where you are using your real-time geographic location information that we collect from your mobile device. You control when and to whom your location is disclosed by managing the settings from within the GeoScout application. LBS does not guarantee the accuracy of any location information displayed through GeoScout or the Service. You should not rely upon or use GeoScout for any situations involving personal safety.
By using GeoScout or the Site, you expressly agree:
GeoScout or the Site may display third-party advertisements. We are not responsible for the content of third-party advertisements, or the content associated with any third-party links or applications accessible via such advertisements. You are responsible to review any terms and conditions and policies associated with third-party content and links.
If you believe that material posted on GeoScout or the Site infringes upon any copyright that you own or control, or that any link directs users to another website that contains materials that infringes upon any copyright that you hold or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement: Director of Content
Full Address of Designated Agent to Whom Notification Should be Sent: Director of Content, LBS Systems, LLC, 8601 N. Black Canyon Highway, Suite 215, Phoenix, Arizona, 85021 USA
Telephone Number of Designated Agent:
Facsimile Number of Designated Agent
Email Address of Designated Agent: firstname.lastname@example.org
Any notification must include the following information:
Repeat Infringer Policy
In accordance with the United States Digital Millennium Copyright Act ("DMCA") and other applicable law, LBS has adopted a policy of terminating, in appropriate circumstances and at LBS' sole discretion, subscribers or account holders who are deemed to be repeat infringers. LBS may also at its sole discretion limit access to GeoScout or the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Disputes Between Users
LBS is not responsible for your interactions with other users of GeoScout. If you have a dispute with another user of GeoScout, you are solely responsible for its resolutions and actions that you take. At its sole discretion, LBS may elect to become involved in the dispute if it reasonably believes its involvement is necessary to protect LBS, GeoScout, or the Site.
LBS LICENSES GeoScout AND PROVIDES THIS SITE TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LBS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LBS DOES NOT REPRESENT OR WARRANT THAT GeoScout, THE SITE, OR THE CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF GeoScout, THE SITE, THE CONTENT, OR ANY PORTION THEREOF. Under no circumstances will LBS be responsible for any loss or damage, including personal injury or death, resulting from use of, or from the conduct of any other users of, GeoScout, THE SITE, or THE CONTEnt.
Limitation of Liability
LBS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, SPECIAL, OR PUNITITVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF GeoScout, THE SITE, OR THE SITE CONTENT EVEN IF LBS HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF LBS ARISING OUT OF OR RELATING TO THE USE OF GeoScout, THE SITE, OR THE CONTENT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LBS FOR GeoScout OR ACCESS TO OR USE OF THE SITE OR THE CONTENT.
Applicable Law and Venue
You explicitly agree that all disputes, claims, or other matters arising from or relating to your use of GeoScout, the Site, or the Content will be governed by the laws of the State of Arizona, without regard to its conflicts of law principles. You agree that all claims you may have against LBS arising from or relating to GeoScout, the Site, or the Content will be heard and resolved in a court of competent subject matter jurisdiction located in Maricopa County, Arizona. You consent to the personal jurisdiction and venue of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices at the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
Questions and Comments
Last Updated: September 16, 2010
LBS Systems, LLC 8601 N Black Canyon Highway, Suite 215 Phoenix, AZ 85021