Last update on May 15th, 2018
GeoBit Consulting, S.L. ("GeoBit," "we" or "us") is pleased to provide you with access to the PointBox platform, which allows a user ("User" or "you") to upload, view point clouds on the PointBox website, or embed on third-party websites. All elements of the PointBox platform, along with our software, are referred to herein as the "Services," and may be modified from time to time at our sole discretion.
Description of Services. PointBox is pleased to offer free services ("Free Services") with limited functionality, as well as various tiers of paid services ("Paid Services") plans with enhanced functionality. Detailed descriptions of the Free Services and Paid Services plans, including pricing, duration, and features, will be available when they are ready at https://pointbox.xyz/plans.
Account. A PointBox account is required in order to take full advantage of the Services. The account can be created directly by filling out the appropriate form, or via Google. You agree to provide only accurate and true information in connection with the creation of your account, and to update your information as necessary so it remains accurate and current. You may not transfer your account to any third party. You are responsible for keeping your account login information confidential and for any and all activities that occur under your account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or other breach of security on the Services. You will have the ability to pick an available usernames to link to your account. Please note that PointBox retains the right at any time to deactivate, reallocate or rename your username at its sole discretion. In the event of the deactivation, reallocation or renaming of your username all your User Content and Services shall continue to remain associated with your account, subject to the terms of this Agreement.
Access. We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, in accordance with this Agreement and Section 8 hereof, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.
Minors. THE SERVICES ARE NOT INTENDED FOR CHILDREN UNDER 13, and persons under the age of 13 are prohibited from registering with or using the Services. You represent and warrant that you are more than 18 years of age or, if you are above 13 and below 18 years of age, you are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Ownership of Content
Generally. By using the Services, you will encounter "PointBox Content," which includes all of the images, text, and other data made available through the Services, excluding User Content. "User Content" includes all the 3D point clouds, and related content, as well as User comments, uploaded by Users, that make up the Services. Except as otherwise set forth in this Agreement, we do not claim ownership over any User Content.
Ownership. All PointBox Content is owned by GeoBit Consulting S.L. or its licensors, and is protected by Spanish and international copyright laws, trademark laws and/or other proprietary rights and laws. As between you and GeoBit Consulting S.L. and its licensors own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all PointBox Content that we or our licensors create and that we make available to you through the Services, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein. The trademark PointBox and all associated logos and the other trademarks, service marks, logos and trade names displayed on or in connection with the Services are the registered and unregistered trademarks and service marks of GeoBit Consulting S.L. Your use of the Services does not grant you any ownership over any PointBox Content, and except for the limited license we grant you under this Agreement, your use of the Services does not grant you any license or permission under any copyright, trademark or other intellectual property rights of GeoBit Consulting S.L. or any third party. We reserve all rights not expressly granted to you in this Agreement.
Service and Content License. We grant you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Services as they are provided to you by us, only as set forth in this Agreement. Except as expressly permitted in this Agreement, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any portion of the Services or PointBox Content for any purpose without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Services or PointBox Content without express prior written permission from us or the applicable rights holder is strictly prohibited.
Software. All software and software-as-a-service (SAAS) used in connection with the Services ("Software") is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited. You agree that we may update the Software without notice, at any time and in our sole discretion, and that this Agreement will apply to any updated versions.
During the operation of the Services, Users may upload certain User Content including 3D point clouds. You remain the owner of your User Content at all times, and PointBox does not claim any ownership rights in your User Content. User Content is otherwise subject to the following provisions. This Agreement applies to all the User Content that you contribute onto PointBox during the term of this Agreement.
2 User Content License. By using the Services, you grant GeoBit a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers) right and license to use, reproduce, publicly display the User Content for the purposes of developing, distributing, providing, improving, and promoting the Services, our activities and your User Content. You further grant GeoBit the right to use your name and trademarks, if any, in connection with our use of your User Content.
User Representations. By submitting User Content, you represent and warrant that (i) you own or otherwise control all of the rights to your User Content, (ii) the use of your User Content does not violate this Agreement or the law, and will not violate any rights of or cause injury to any person or entity, (iii) your User Content will not violate the additional content restrictions set forth in Section 5 of this Agreement, and that (iv) to the greatest extent permitted by law, You hereby irrevocably and unconditionally waive any and all moral rights whatsoever, or any rights of a similar nature, in your User Content, for the benefit of or in favor of GeoBit, including any right to be associated with your User Content (right of paternity) or any right to restrict or prevent the modification or use of your User Content in any manner whatsoever (right of integrity). To the extent You retain any such moral rights under applicable law, You hereby agree not to assert them against GeoBit or other PointBox users in any manner whatsoever.
User Feedback. We appreciate your feedback and suggestions about our Services, but you agree that any feedback or suggestions submitted to us about the Services are entirely voluntary and that we will be free to use any such feedback or suggestions as we see fit and without any obligation to you.
Right to Monitor, Moderate or Remove. You agree that you bear all risks associated with your User Content. You are solely responsible for safeguarding your User Content, and GeoBit has no duty to store copies of User Content for future availability to you or any user except as otherwise provided under this Agreement. GeoBit does not permit the infringement of intellectual property rights on the Services, and will remove User Content from the Services if properly notified that such User Content infringes on another's intellectual property rights. We reserve the right to remove User Content from the Services, in whole or in part, without prior notice, for any reason or for no reason at all. Without limiting our right to terminate a User pursuant to Section 8 of this Agreement, we reserve the right to terminate the account of any User of the Services who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice. We also reserve the right to decide whether User Content is appropriate and complies with this Agreement for violations other than violations of intellectual property law. This shall extend to the right of PointBox to edit, modify, moderate, re-format, change or otherwise remove all or part of the descriptions, comments and/or annotations that You and/or third parties add and/or make in relation to your User Content, in any manner that We may determine, whenever We deem it appropriate.
User Restrictions and Obligations. It is important to us that the Services be used safely, and in accordance with the law, for the enjoyment of all Users. You agree that you will not use the Services to:
The User is not permitted to modify the design or alter the appearance of the PointBox viewer (e.g., in embeds or screen captures) other than by using the available settings. Removing, hiding, or altering the PointBox logo watermark is prohibited to all users.
You agree to inform GeoBit promptly about any legal complaint, claim or action related to the User Content you have uploaded using the Services.
DISCLAIMER OF WARRANTIES. GeoBit undertakes to provide the Services diligently and professionally, and otherwise makes no representations or warranties of any kind regarding the Services or the PointBox Content. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. GEOBIT CONSULTING S.L. EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICES, WEBSITE AND THE POINTBOX CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES, WEBSITE OR THE POINTBOX CONTENT; AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES, WEBSITE OR THE POINTBOX CONTENT. No advice or information obtained by you from PointBox or otherwise through the Services, will create any warranty not expressly stated herein.
LIMITATION OF LIABILITY. POINTBOX'S MAXIMUM AGGREGATE LIABILITY TO ANY USER WILL BE THE AMOUNT PAID FOR THE PERIOD IN WHICH THE LIABILITY ARISES, ONLY IF THE USER HAS PAID FEES FOR USE OF THE SERVICES. GEOBIT WILL NOT OTHERWISE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR FROM ANY INFORMATION, POINTBOX CONTENT, DESIGNS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold GeoBit and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys' fees) assessed or incurred by GeoBit directly or indirectly, with respect to or arising out of: (i) your failure to comply with this Agreement; (ii) your breach of your obligations under this Agreement; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; (iv) your violation of any third party right, including without limitation any intellectual property, right of publicity, or privacy right; and/or (v) any claim that any of your User Content caused damage to a third party.
GeoBit respects the intellectual property rights of others, and complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers. We respond to clear notices of alleged copyright infringement, and infringing materials posted by Users can be identified and removed pursuant to this complaint procedure.
In the event you believe that any User Content on the Services infringes your copyright, please file a notice of infringement and send it to info at geobit.es. To be effective, any notice submitted must include substantially the following:
GeoBit will, upon receiving your compliant notice of copyright infringement, contact the User who posted the allegedly infringing User Content concerning the notice of infringement, and expeditiously remove the allegedly infringing User Content. It is our policy to document all notifications of alleged infringement on which we act. Please be advised that it is our policy to terminate the accounts of users that repeatedly violate this Agreement and/or the DMCA Policy.
If you are a User and material that you have uploaded to the Services has been removed or disabled, you may file a counter-notification pursuant to the email mentioned above that includes the following:
If you have a claim related to trademarks, patents, intellectual property, or any other matter other than copyright, please contact us at firstname.lastname@example.org. Please provide detailed information regarding the nature of your complaint, including but not limited to your name and contact information, the subject matter of the complaint, and any additional information that we may require in order to review the matter and take action (or no action) as may be appropriate. Please be advised that we may share the details of your complaint with the User that owns the User Content that is the subject of your complaint, or with appropriate authorities (including law enforcement authorities) if GeoBit in its sole discretion believes that such action is necessary, or if we are obligated to do so by law.
Modifying and terminating the Services
At any time. GeoBit reserves the right to modify or stop offering all or part of the Services at any time, at its own discretion.
For cause. We may terminate your user account or right to access all or portions of the Services at any time, without notice, for conduct that we believe violates this Agreement and/or is harmful to other users, to GeoBit, to other service or information providers, or to any third parties.
Survival. After any termination of this Agreement and/or after you otherwise stop using the Services, the following will survive and remain enforceable and in full force and effect: (i) all outstanding obligations between you and us; (ii) all remedies for breach of this Agreement; and (iii) the following sections of this Agreement: 4 (User Content); 5 (Warranty Disclaimers, Limitations of Liability, Indemnity); 6 (Intellectual Property Claims); 7 (Termination of Service); 8 (Other Websites and Services); 9 (Applicable Law and Jurisdiction); and 11 (Miscellaneous).
Other Websites and Services
Geobit Consulting S.L. reserves the right to amend the Agreement at any time by posting a notice on this page, sending an email notification to registered Users, or otherwise notifying Users via the Services. Registered Users will receive notification of forthcoming change one (1) month before the Agreement as amended is effective. Any User using the Services after an amendment has become effective accepts the Agreement as amended. A User who does not accept the amended Agreement shall, before it becomes effective, cease use of the Services.
You consent to receive communications from us electronically, and you agree that we may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you, or that you provide to us, electronically satisfy any legal requirement that such communications be in writing. We are not responsible for any automatic filtering that may be applied to any email notices that we send to the email address you have provided.
The Services are operated by GeoBit Consulting S.L., a Spanish company registered with the number B24630709. General inquiries may be directed to email@example.com