Terms

ShortGPS Terms of Use

Last revised June 05 , 2009

Welcome to ShortGPS.com, a web service for creating locations on a map (geo referenced Point of Interest – POI) to forward it with a dedicated shortened URL to your community. To display and create such POI‘s we are using Google Maps. You have to agree with the Google Maps terms of use. Furthermore ShortGPS is monitoring your Twitter streams and updating your Twitter status. ShortGPS.com is an online service (”ShortGPS” or the “Service”) that provides a web interface to the services offered the Twitter Web Service APIs (”Twitter” or “Twitter APIs”). ShortGPS.com is a service offered by Andreas Ebert, Rafael Tomic, Stefan Deitmer GbR and is not affiliated with Twitter, Inc. This page sets forth the terms on which you may use ShortGPS.com (the “Terms of Use” or “Terms”). ShortGPS reserves the right to amend these Terms at any time and without notice. If we do so, we will post an updated version here. You accept this Terms of Use and ShortGPS.com’s Privacy Policy by accessing or using ShortGPS.com’s services, and your continued use of ShortGPS.com signifies your continued acceptance of any revised Terms of Use. If you do not agree to these Terms of Use, you may not use or access ShortGPS.com.

User Login

  1. To get a furter acces to be able to send tweets or to create advanced information to a POI you will be redirected to Twitter.com and you will use your Twitter Username and Password to login to Twitter.com. Twitter will then redirect you back to ShortGPS.com with an authentication token that does not contain your Twitter Password.
  2. Your Twitter Password never passes through ShortGPS.com’s servers. However, you agree to protect your Twitter Password, and that you are solely responsible and liable for any actions taken with your Twitter Username and Password. If you suspect someone has taken your Password, you are responsible for contacting Twitter immediately to change it.

License for Acceptable Use of Service

  1. ShortGPS.com hereby grants you the right to access and use the Service only for the purposes of creating POI‘s including content and interacting with Twitter’s Web Service API’s. ShortGPS.com reserves the rights to suspend or deny, in its sole discretion, your access to all or any portion of the Service for any violation of these Terms of Use. Any rights not expressly granted to you here, including the intellectual property rights associated with the Service, are reserved by ShortGPS.com.
  2. You agree not to stalk or harass anyone on ShortGPS.com, or to engage in activities that violate Twitter’s Terms of Use.
  3. You agree not to use ShortGPS.com to collect personal data about others for commercial use or unlawful purposes.

User Content

  1. ShortGPS.com allows you to post, transmit, or upload (collectively, “post”) content and you allow to upload and submitted it to the Twitter Web Service APIs on your behalf. You must own or have license to use any Content that you post on ShortGPS.com. You agree not to post Content or rename ShortGPS-URL‘s that violates anyone else’s rights of any kind, including intellectual property, privacy, contractual, or any other proprietary rights of anyone else.
  2. You own any Content that you enter or post on ShortGPS.com. By posting Content and/or re-name ShortGPS URL‘s, you grant to ShortGPS.com an irrevocable, sublicensable, transferable, worldwide, non-exclusive, royalty-free license to use, safe, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform that Content. You also consent to allow other ShortGPS.com users to post or forward any such content to others who may or may not be users of ShortGPS.com.
  3. By uploading your photos to ShortGPS you give ShortGPS the permission to use or distribute your photos on ShortGPS.com or affiliated sites
  4. Though ShortGPS.com is under no obligation to monitor Content, ShortGPS.com reserves the right to pre-screen, review, filter, refuse or remove any Content that is offensive or objectionable, in ShortGPS.com’s sole judgment, or that violates these Terms. You understand that by using ShortGPS.com you may be exposed to content that you may find offensive or objectionable and that you use ShortGPS.com at your own risk.
  5. ShortGPS.com is not responsible and disclaims all liability for the truth, correctness, or completeness of any ShortGPS.com Content. ShortGPS.com does not endorse any of the Content on the Service. ShortGPS.com is not responsible for verifying the professional qualifications or claimed expertise of anyone who contributes Content to ShortGPS.com.
  6. ShortGPS.com is not responsible for the maintenance or deletion of any Content that you use or post.

Ability to Accept Agreement

If you are under 13 years old you may not use ShortGPS.com. If you are at least 13 but younger than 18, you may not use ShortGPS.com without your parents’ permission. By using ShortGPS.com, you affirm that you are either are at least 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, and obligations set forth in this Terms of Use.

Indemnity

You agree to indemnify and hold ShortGPS.com and its affiliates harmless from any claim or demand, including reasonable attorneys fees, arising out of your use of ShortGPS.com (including posting of Content), your violation of these Terms, or your violation of any third party’s rights including intellectual property, proprietary, contractual, or privacy rights.

Disclaimer Of Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. SHORTGPS.COM HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; AVAILABILITY OF THE SERVICE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Assumption Of Risks

Your interactions with other users are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that ShortGPS.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users of ShortGPS.com, or between users and any third party, you understand and agree that ShortGPS.com is under no obligation to become involved and is not subject to any liability.

Liability Limitation

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER ShortGPS.com, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY) OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF SHORTGPS.COM, OR TO ANY BREACH OF THESE TERMS, EVEN IF SHORTGPS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT, OR STRICT OR PRODUCT LIABILITY. SHORTGPS.COM, ITS LICENSORS, AND AFFILIATE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED. SHORTGPS.COM, ITS LICENSORS, AND AFFILIATES ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICE. ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH THE LIABILITY AROSE.

Advertisers and Third Party Links

ShortGPS.com may contain links to third party websites, including those of advertisers, registered ShortGPS.com and Twitter users, and others, that are not under the control of ShortGPS.com. ShortGPS.com is not responsible for any content on any linked website. If you access a third party website from ShortGPS.com, you do so at your own risk, and you understand that these Terms do not apply to your use of such sites. ShortGPS.com provides links only as a convenience and the inclusion of the link does not imply that ShortGPS.com endorses or accepts any responsibility for the content on those third party websites. Additionally, your dealings with or participation in promotions of advertisers found on ShortGPS.com, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that ShortGPS.com shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

International Usage

ShortGPS.com is controlled and operated by Andreas Ebert, Stefan Deitmer and Rafael Tomic GbR from its offices in Germany. ShortGPS.com makes no representation that it is appropriate or available in locations outside of Germany. Those who choose to access ShortGPS.com from other locations do so at their own risk and are responsible for compliance with applicable laws.

Modifications

ShortGPS.com reserves the right at any time to modify, suspend or discontinue its services. You agree that ShortGPS.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance.

Assignment

These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by ShortGPS.com without restriction, including without limitation, in the event that ShortGPS.com, forms a partnership with, is merged with, is acquired by another company or goes into bankruptcy.

Term and Termination

Your permission to access ShortGPS.com will immediately terminate if you violate any of these Terms. You agree that ShortGPS.com, in its sole discretion and with or without notice, may terminate your access to any or all of the Site. Paragraphs 1, 3-15 shall survive termination of your agreement to these Terms of Use.

Severability

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

General

These Terms shall be governed by the laws of Germany without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Service shall be litigated or otherwise heard in the appropriate forum in Frankfurt, Germany. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in Frankfurt Germany. ShortGPS.com reserves the right to terminate these Terms between ShortGPS.com and you for any reason or no reason. ShortGPS.com’s failure to act with respect to a breach by you or others does not waive ShortGPS.com’s right to act with respect to subsequent or similar breaches.