Acceptance of the Terms of Service
These Terms of Service are entered into by and between you (“you,” or “user”) and Geo Web Network, LLC, a Delaware limited liability company ("we," or "us" or “our” or “Company”). The terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Service"), govern your access to and use of http://geoweb.network/, https://geoweb.land/, https://geoweb.app/, geoweb.eth, cadastre.eth, including any content, functionality, and services concerning your use of (including any access to) our websites, mobile applications, web applications, decentralized applications, and APIs located at any of our websites (together with any materials and services available therein, and successor website(s) or application(s) thereto, the "Application").
The Geo Web is an open information network used to publish and browse digital media associated with physical locations (the “Network”). Publishing rights within the Network are administered under a market system known as partial common ownership that is implemented via open-source smart contracts. Proceeds of the resulting digital land market are retained in the Network smart contracts until they are allocated through decentralized governance and/or market mechanisms. The functionality of the Network is defined by certain core protocols, that include smart contracts that define land market operations and public goods funding allocation mechanisms (“Protocols”).
The Company is an organization that contributes open-source code and intellectual property to the Network. The Company maintains websites, interfaces, tools, integrations, databases, and APIs which are distinct from, but interact with the Network.
Please read the Terms of Service carefully before you start to use the Application. By using the Application or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service, If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Application.
This Application is offered and available to users who are 18 years of age or older. By using this Application, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Application.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Application thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Application.
Your continued use of the Application following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Application so you are aware of any changes, as they are binding on you.
Accessing the Application
We reserve the right to withdraw or amend this Application, and any service or material we provide on the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Application.
- Ensuring that all persons who access the Application through your internet connection are aware of these Terms of Service and comply with them.
To access the Application or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of the Application that all the information you provide on the Application is correct, current, and complete.
Intellectual Property Rights
The Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) may be owned by us, our third-party licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Application may contain or be provided with components subject to the terms and conditions of open source software licenses. To the extent applicable, the Company will identify such open source software included on or provided through the Application. To the extent required by the license that accompanies such open source software, the terms of such license will apply in lieu of these Terms of Service with respect to such open source software, including, without limitation, any provisions governing access to source code, modifications or reverse engineering.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Application in breach of the Terms of Service, your right to use the Application will stop immediately. No right, title, or interest in or to the Application or any content on the Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Application not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Certain of our services use licensed material, including but not limited to code base, logos and branding elements from third-parties. To the extent these Terms of Service conflict with the terms and conditions of any third party, the terms and conditions of the applicable third-party license shall control, but solely with respect to such content.
Trademarks
Our name, logo, and all related names, logos, product and service names, designs, and slogans are our trademarks or those of our affiliates or licensors. You must not use the marks owned by the Company without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Application are the trademarks of their respective owners.
Prohibited Uses
You may use the Application only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Application:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee or contractor, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application, or expose them to liability.
Additionally, you agree not to:
- Use the Application or any associated platforms that are enabled through the Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Application, including their ability to engage in real time activities through the Application.
- Use any device, software, or routine that interferes with the proper working of the Application.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer, or database connected to the Application.
- Attack the Application via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Application.
Publishing Content on the Cadastre; Storage
The Cadastre (https://geoweb.land/) is an interface by which you may interact with the Network and publish digital information and media such as 3D models, images, audio, and video (“Content”) through platforms such as, but not limited to, IPFS and Ceramic.
Subject to these Terms of Service, you may store a reasonable amount of Content per land parcel through our account on https://web3.storage/. You will need to connect your cryptographic wallet to access this feature. The terms and conditions for web3.storage may be accessed here: https://web3.storage/terms/.
If the Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
We make no claims that the Application or any of its content is accessible or appropriate outside of the United States. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Through our hosting provider, https://fleek.co/, we restrict access to the Application for OFAC restricted users and countries.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Network or the underlying Protocols, other blockchain networks and/or protocols, or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE APPLICATION, THE NETWORK, THE UNDERLYING PROTOCOLS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN "AS IS'' AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
No Representation or Warranty
Disclaimer of Fiduciary Duties
To the fullest extent permitted by law and notwithstanding any other provision of these Terms of Service or any other agreement contemplated herein or applicable provisions of law or equity or otherwise, the parties hereto hereby agree to eliminate any and all fiduciary duties we may have to the user, its affiliates, or the end users of any services, the site or its content, provided that such exclusion or limitation of liability shall not extend to our misappropriation of assets or funds of its users or its affiliates, or the end users of the services, site or content provided by us or other acts or omissions that constitute a bad faith violation of the implied contractual covenant of good faith and fair dealing.
Sophistication and Risk of Cryptographic Systems
By utilizing the services or interacting with the Application in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens, like Ether (ETH) , smart contract based tokens such as those that follow the Ethereum Token Standard (https://github.com/ethereum/EIPs/issues/20), the Optimism network, and other blockchain-based software systems.
The Company does not own or control any of the underlying software through which blockchain networks are formed. In general, the underlying software for blockchain networks tends to be open source such that anyone can use, copy, modify, and distribute it. By using our Application, you acknowledge and agree (i) that the Company is not responsible for operation of the underlying software and networks that there exists no guarantee of functionality, security, or availability of such software and networks; and (ii) that the underlying protocols are subject to sudden changes in operating rules (known as “ Forks ”), and that such Forks may materially affect the Services. It might be discretionarily decided not to support (or cease supporting) the Forked network entirely. You acknowledge and agree that the Company assumes absolutely no responsibility whatsoever in respect of any underlying software protocols, whether Forked or not.
Underlying networks use public/private key cryptography. You alone are responsible for securing your private key(s). The Company does not have access to your private key(s). Losing control of your private key will permanently and irreversibly deny you access to digital assets on the Ethereum blockchain or other network. Neither the Company nor any other person will be able to retrieve or protect your funds. Once your private key(s) is lost, you will not be able to transfer your digital assets to any other address or wallet. If this occurs, you will not be able to realize any value or utility that you may hold now or in future. Further, we do not offer any custodial wallet services.
Risk of Regulatory Actions in One or More Jurisdictions
The services could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of the Company to continue to develop, or which could impede or limit your ability to access or use the services.
Risk of Weaknesses or Exploits in the Field of Cryptography
You acknowledge and understand that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies, digital assets and services, which could result in the theft or loss of your digital assets or property. To the extent possible, it is intended to update the protocol underlying the services to account for any advances in cryptography and to incorporate additional security measures, but does not guarantee or otherwise represent full security of the system. By using the services or accessing the site, you acknowledge these inherent risks.
Volatility of Digital Assets
You understand that blockchain technologies and associated digital assets, currencies or tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology and security risks. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the blockchain. You acknowledge these risks and represent that the Company cannot be held liable for such fluctuations or increased costs.
Application Security
You acknowledge that the services offered through the Application are subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by us through the Application or independently located on the Network and/or Protocols. This warning and others provided in these Terms of Service by the Company in no way evidences or represents an ongoing duty to alert you to all of the potential risks of utilizing the services or accessing the Application.
Accuracy
Although it is intended to provide accurate and timely information on the Application, the Application or relevant code may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Application or relevant tools are your sole responsibility and the Company shall have no liability for such decisions. Links to third-party materials (including, without limitation, websites) may be provided as a convenience but are not controlled by the Company. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the Application or available via other relevant tools.
No representation is made as to the accuracy, completeness or appropriateness for any particular purpose of any pricing information distributed via the Application.
Risks
Use of the Application, in particular for interacting with or transferring digital assets, may carry risk. Digital assets are, by their nature, highly experimental, risky, volatile and transactions transmitted to the Network are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the Application at your own risk. The risk of loss in trading or transferring digital assets can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances. By using the Application, you represent that you have been, are and will be solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction conducted via the Application or any underlying digital assets. You accept all consequences of using the Application, including the risk that you may lose access to your digital assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in these Terms of Services, we accept no responsibility whatsoever for, and will in no circumstances be, liable to you in connection with the use of the Application for performing digital asset transactions. Under no circumstances will the operation of all or any portion of the Application be deemed to create a relationship that includes the provision or tendering of investment advice.
Applicable Law and Tax
You are responsible for complying with applicable law. You agree that we are not responsible for determining whether or which laws may apply to your use of services, including tax laws. You are solely responsible for reporting and paying any taxes arising from your use of the Application and services.
The Company must comply with applicable law. Applicable law, regulation, and executive orders may require us to, upon request by government agencies, take certain actions or provide information.
Operational Risks
You are aware of and accept the risk of operational challenges. The Application may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Application. You agree to accept the risk of the services failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses. We will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. We do not guarantee that the Application is or will remain updated, complete, correct or secure, or that access to the Application will be uninterrupted. The Application may include inaccuracies, errors and materials that violate or conflict with these Terms of Services. Additionally, third parties may make unauthorized alterations to the Application or the software underlying the services. Accordingly, you should verify all information on the Application before relying on it, and all decisions based on information contained on the Application are your sole responsibility and we will have no liability for such decisions.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APPLICATION OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Application, including, but not limited to, any use of the Application's content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Application.
Governing Law and Jurisdiction
All matters relating to the Application and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
For any dispute not subject to arbitration you and the Company agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Delaware. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. The Agreement and the relationship between you and the Company shall be governed by the laws of the State of Delaware without regard to conflict of law provisions, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and the Company: (a) waive your right to have any and all disputes or claims arising from this Agreement or the Company (collectively, “Disputes”) resolved in a court; and (b) waive your right to a jury trial. Instead, you and the Company will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it, instead of having the Dispute decided by a judge or jury in court).
You and the Company agree that any dispute is personal to you and the Company and that any such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. Neither party agrees to class arbitration or to an arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and the Company agree that a dispute cannot be brought as a class, or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
You and the Company agree that you will notify each other in writing of any Dispute within thirty (30) days of when it arises so that the parties can attempt, in good faith, to resolve the Dispute informally. Notice to the Company shall be provided by sending an email to Your notice must include: (1) your name, postal address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific relief that you are seeking. If you and the Company cannot agree how to resolve the Dispute within thirty (30) days of the Company receiving the notice, either you or the Company may, as appropriate pursuant to this Section, commence an arbitration proceeding or file a claim in court. You and the Company agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arose; otherwise, you and the Company agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute). You and the Company agree that: (a) any arbitration will occur in Delaware; (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) the state or federal courts in the State of Delaware will have exclusive jurisdiction over the enforcement of an arbitration award and over any Dispute between the parties that is not subject to arbitration. You may also litigate a Dispute in small claims court located in the county where you reside if the Dispute meets the requirements to be heard in small claims court.
As limited by the FAA, this Agreement and applicable JAMS rules, the arbitrator will have: (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute; and (b) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’ s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The rules of, and additional information about, JAMS are available on the JAMS website at http://www.jamsadr.com/, as may be updated from time to time. By agreeing to be bound by this Agreement, you either: (a) acknowledge and agree that you have read and understand the rules of JAMS; or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Entire Agreement
The Terms of Service constitute the sole and entire agreement between you and the Company regarding the services and the Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the services and the Application.
Your Comments and Concerns
All notices of copyright infringement claims should be sent to the copyright agent: info@geoweb.network.
All other feedback, comments, requests for technical support, and other communications relating to the Application should be directed to: https://discord.com/invite/reXgPru7ck
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