GeckoGo! User Agreements & NoticesTerms of ServiceBy using the GeckoGo Services (as defined below) which are owned and operated by GeckoGo Corp ("GeckoGo") and by accessing the GeckoGo Site located at http://www.geckogo.com, and all linked pages owned and operated by (the "GeckoGo Site"), you agree to be bound by these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, "Terms of Service", and "Agreement"). GeckoGo's on-line services which are available at the GeckoGo Site will, among other things, help you research countries & world attractions, find businesses/services you are looking for, allow you to update, modify, or edit any such information, allow you to view reviews, travel tips & advice, and travel stories posted by other GeckoGo users, post your own reviews, travel tips & advice, and travel stories, create a member profile, upload photos & videos from your travels, and interact with other GeckoGo users. These Terms of Service set out the legally binding terms with respect to your use of and our provision of the GeckoGo Site and GeckoGo Services. Please read these Terms of Service carefully. Your access to or use of the GeckoGo Site constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the GeckoGo Site. GeckoGo retains the right to ban any user who violates the terms of service of GeckoGo. GeckoGo reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the GeckoGo Services at any time, for any or no reason, with or without prior notice, and without liability. 1. EligibilityUse of and Membership in the GeckoGo Website is void where prohibited. By using the GeckoGo Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 15 years of age or older; and (d) your use of the GeckoGo Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 15 years of age. 2. Changes to this Agreement or the GeckoGo ServicesYou agree and understand that these Terms of Service, the GeckoGo Site and the GeckoGo Services may be modified by GeckoGo at any time without prior notice, and such modifications will be effective upon GeckoGo's posting of the new terms and/or upon implementation of the new changes on the GeckoGo Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the GeckoGo Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by GeckoGo, any new features, new services, enhancements or modifications to the GeckoGo Service implemented after your initial access to the Service shall be subject to these Terms of Service. 3. Registration and SecurityIn order to use or access some of the GeckoGo Services, you may be required to register with GeckoGo and to select a password and user name, which shall consist of an email address you own and use ("User ID"). If you register, you agree to provide GeckoGo with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. GeckoGo reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the GeckoGo Service shall be for your personal use only. You agree to (a) immediately notify GeckoGo of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session. 4. Use of the Site/Services by MembersYou may use the GeckoGo Site to:
5. Restrictions on Rights to UseYou shall not (and you agree not to allow any third party to):
6. Content submitted by you on the GeckoGo Site
7. Your interaction with other user
8. PrivacyUse of the GeckoGo Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. 9. TermThis Agreement shall remain in full force and effect while you use the GeckoGo Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. GeckoGo may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 8-13. 10. DisclaimerTHE GECKOGO SITE IS PROVIDED BY GECKOGO ON AN "AS IS" BASIS. GECKOGO AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE GECKOGO SITE, GECKOGO SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE GECKOGO SITE OR IN ASSOCIATION WITH THE GECKOGO SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GECKOGO AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GECKOGO AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE GECKOGO SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GECKOGO IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE GECKOGO SITE. GeckoGo does not warrant or covenant that the GeckoGo Service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the GECKOGO Service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the GeckoGo Service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM GECKOGO, THE GECKOGO SITE OR THROUGH OR FROM THE GECKOGO SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 11. Limitation on LiabilityGeckoGo shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond GeckoGo's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, GECKOGO AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GECKOGO'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO GECKOGO FOR THE GECKOGO SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 12. IndemnityYou agree to indemnify and hold GeckoGo, 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 GeckoGo Site, (ii) your use of the GeckoGo Services, (iii) the violation of these Terms of Service 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. 13. OtherThis Agreement constitutes the entire agreement between you and GeckoGo regarding the use of the GeckoGo Services. The failure of GeckoGo to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. GeckoGo is a trademark of GeckoGo Corp. These Terms of Service operate to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Copyright Agreement
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by GeckoGo or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release GeckoGo, and its licensees, successors and assigns, from any claims that you could otherwise assert against GeckoGo by virtue of any such moral rights. Privacy PolicyGeckoGo is an on-line service that, among other things, helps our users to research countries & world attractions, find businesses/services, update, modify, or edit any such information, post reviews, travel tips & advice, and travel stories, create a member profile, upload photos & videos, view reviews, travel tips & advice, and travel stories posted by other GeckoGo users, view member profiles of other GeckoGo users, and interact with other GeckoGo users. For the purposes of this Privacy Policy, a "member" is defined as someone that has created a personal profile on the GeckoGo Site, a visitor is someone that uses the GeckoGo Site without creating a personal profile, a "user" is defined as someone using the GeckoGo Site and includes both members and visitors. To enrich our members' experience, we request and display some personal information to other members and visitors, which allows our users to identify each other and expand their network of fellow travelers and friends. GeckoGo members can change their profile information at any time and can control how other members and the service communicates with them. By using GeckoGo, you permit the collection and use of your personal information as outlined below in our Privacy Policy. You should visit this page periodically to review any changes to the Privacy Policy. Information we Collect & How we use itThe GeckoGo Site collects user submitted information such as name, email address, and age to authenticate users and to send notifications to those users relating to the GeckoGo service. GeckoGo also collects other profile data including but not limited to: personal interests, gender, nationality, home address, education and occupation in order to assist users in finding and communicating with each other. The GeckoGo Site also logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users to the site. This data is used to manage the website, track usage and improve the website services. This non-personally-identifiable information may be shared with third parties to provide more relevant services and advertisements to members. User IP addresses are recorded for security and monitoring purposes, and to provide a customized service to each member. User Profile information including members' pictures and first names are displayed to people in order to facilitate user interaction in the GeckoGo social networking community. Email addresses are used for the purposes of inviting new friends to join GeckoGo, to add users to members' friends' networks, and to send notifications related to the service. With the exception of inviting friends, adding friends, and notifications, a member's email address is not shared or displayed to people within a user's personal network unless the member specifically chooses to do so. Users within a personal network can communicate on the GeckoGo Site with each other through the GeckoGo service, without disclosing their email addresses. Users' full names, home addresses, and mobile phone numbers are never directly revealed to other members unless the member specifically chooses to do so. To facilitate searching and finding friends and acquaintances on the service, The GeckoGo Site allows users to search for other members using first and last name, email address, and schools and/or companies where users may have attended or worked. We may also use a user's email address to send updates, a newsletter or news regarding the service. Members may choose not to receive email of this type by changing their "notification" setting to "Do not send me notification emails" in the user "Account Settings" section of their member profile. From time to time, GeckoGo or a partner, may sponsor a promotion, sweepstake or contest on the GeckoGo Site. Users may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. We may transfer personal information to certain ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply. Invitations and Other Communications to Non-membersGeckoGo members can invite friends to join the service by sending invitation emails via our automated invitation system. The GeckoGo Site stores the email addresses that members provide so that the respondents may be added to the friend's list of the member sending the invitations, and also to send reminders of the invitations GeckoGo does not sell these email addresses or use them to send any other communication besides invitations, invitation reminders (up to three (3) per email address). Recipients of invitations from GeckoGo may contact GeckoGo to request the removal of their information from our database. LinksOur website may contain links to third party websites to which we have no affiliation. GeckoGo does not share your personal information with those websites and is not responsible for their privacy practices. We suggest you read the privacy polices on these third party websites. CookiesLike most websites, GeckoGo requires cookies to function properly. Cookies are small text files that reside on a user's computer and identify you as a unique user. We use cookies to refine our site and simplify the user experience. For example, the use of cookies allows registered users to enter our site without explicitly typing in their email address and password every time. You should be aware that GeckoGo cannot control the use of cookies by advertisers or any information advertisers may gather from their use of cookies. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you certain features (e.g., customized delivery of information) available on the GeckoGo Site. Controlling Your Personal ContentPlease be aware that whenever you voluntarily post public information to destination information, travel logs, travel tips & advice, reviews, and public sections of your personal profile, that that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications. As a registered GeckoGo user, you can modify your personal information at any time by accessing the "Account" section of the site. Also, upon your request, GeckoGo will use commercially reasonable efforts to functionally remove you and your personal information from the site; however, it may be impossible to remove your entry without some residual information being retained by GeckoGo. SecurityGeckoGo member accounts are secured by member-created passwords. GeckoGo tries very hard to protect our users' information. We use industry standard measures to protect your information that is stored within our database. We limit the access to your information to those employees who need access to perform their job function such as our customer service personnel. If you have any questions about the security at our website, please contact us. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot guarantee that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time. You hereby acknowledge that GeckoGo is not responsible for any intercepted information sent via the Internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner. Emails and Opt-outAt this time, registered members cannot opt-out of personal messages initiated by friends and users, however they may opt-out of receiving notifications initiated by GeckoGo (note: notification settings can be found under the My Account Settings section of your member profile when you are logged into your account). Unregistered users that do not wish to receive emails may opt-out of receiving any communications by following the instructions contained in all emails. ChildrenThis website is not directed to children, and GeckoGo does not knowingly solicit information from any child under the age of 15. Should a child whom we know to be under 15 send personal information to us, we will use that information only to respond directly to that child (or a parent or guardian) to inform him or her that we must have parental consent before receiving his or her personal information. Sharing and Disclosure of Information GeckoGo CollectsExcept as otherwise described in this privacy statement, GeckoGo will not disclose personal information to any third party unless we believe that disclosure is necessary: (1) to conform to legal requirements, comply with applicable law and cooperate with law enforcement, or to respond to a subpoena, search warrant or other legal process received by the GeckoGo site, whether or not a response is required by applicable law; (2) to enforce GeckoGo's Terms of Service Agreement or to protect our rights; or (3) to protect the safety of members of the public and users of the service. GeckoGo reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of GeckoGo or substantially all of its assets to that successor in interest. For more information see the "Changes in Our Privacy Policy" section below. Changes in Our Privacy PolicyFrom time to time we may make changes to our privacy policy If we make changes, we will post them on our site to make users aware of what the changes are so users will always be aware of what information we collect, how we use it, and when we may disclose it. A User is bound by any minor changes to the policy when she or he uses the site after those changes have been posted If, however, we are going to use users' personally identifiable information in a manner materially different from that stated at the time of collection we will notify by posting a notice on our Web site for 30 days. |