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Terms of Use

The following terms and conditions govern all use of the Mappic.com website and all content, services and products available at or through the website, including, but not limited to, mapping services, mobile phone software ("apps") and desktop software (taken together, the "Services"). The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Mappic's Privacy Policy) and procedures that may be published from time to time on this Site by Mappic (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of the website or other services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by Mappic, acceptance is expressly limited to these terms.

Your Account

If you create an account with Mappic, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must immediately notify Mappic of any unauthorized uses of your account or any other breaches of security. Mappic will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsiblity of Users

The Mappic Services allow you to access and view a variety of content, including but not limited to photographic and map imagery, other map data and metadata, business listings, reviews, and other related information provided by Mappic, its licensors, and its users. You understand and agree that map data, directions, and related content are provided for planning purposes only. You may find that map images and other data are out of date or inaccurate for a variety of reasons. You should exercise judgment in your use of this content, and you are responsible for verifying its accuracy when using it.

Mappic has not reviewed, and cannot review, all of the material submitted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating the Services, Mappic does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Mappic disclaims any responsibility for any harm resulting from the use by visitors of the Services, or from any downloading by those visitors of content there posted.

Responsibility of Users who Submit Content

If you submit maps, images, text, or other data to the Mappic Services, post links, comments or reviews, or otherwise make (or allow any third party to make) material available by means of the Services (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • your Content is not named or described in a manner that misrepresents the nature of your Content or misleads other users into thinking that you are another person or company; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Mappic or otherwise.

Your Content

By submitting Content to Mappic, you grant Mappic a world-wide, royalty-free, and non-exclusive license (with the right to sublicense) to copy, distribute, publicly perform (e.g., stream it), publicly display (e.g., post it elsewhere), reproduce and create derivative works from it, anywhere, whether in print or any kind of electronic version that exists now or later developed, for any purpose, including a commercial purpose.

If you delete Content, Mappic will use reasonable efforts to remove it from the Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Mappic has the right (though not the obligation) to, in Mappic's sole discretion (i) refuse or remove any content that, in Mappic's reasonable opinion, violates any Mappic policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in Mappic's sole discretion. Mappic will have no obligation to provide a refund of any amounts previously paid.

Mappic reserves the right to manipulate your Content to offer the Services (including transcoding and/or reformatting Content to allow its use throughout the Services).

Advertisements

Mappic reserves the right to display advertisements and promotions on or near your Content.

Attribution

Mappic reserves the right to display attribution links such as 'Made with Mappic', 'Hosted by Mappic', etc., on, near, or in association with your Content.

Restrictions on Use

Unless you have received prior written authorization from Mappic (or, as applicable, from the provider of particular Content), you must not:

  • copy, translate, modify, or make derivative works of the Content or any part thereof;
  • redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services or Content available to third parties;
  • reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by applicable law;
  • use the Services in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to numerical latitude or longitude coordinates, imagery, and visible map data;
  • delete, obscure, or in any manner alter any warning or link that appears in the Services or the Content; or
  • use the Services or Content with any products, systems, or applications for or in connection with (i) real time navigation or route guidance, including but not limited to turn-by-turn route guidance that is synchronized to the position of a user's sensor-enabled device; or (ii) any systems or functions for automatic or autonomous control of vehicle behavior;
  • use the Services to create a database of places or other local listings information.

Payment for Services

Optional paid services may be made available to Mappic Services users (any such services, "Paid Services"). By selecting these Paid Services you agree to pay Mappic the one-time fee or periodic subscription fees indicated for that service. Payments for periodic subscriptions will be charged on a pre-pay basis on the day you sign up for an Paid Service and will cover the use of that service for the period as indicated.

Unless you notify Mappic before the end of the applicable subscription period that you want to cancel an Paid Service, your subscription will automatically renew and you authorize us to collect the then-applicable periodic subscription fee for such Paid Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Paid Services can be canceled at any time.

Third-Party Content

Occasionally, at our discretion, Mappic may include or offer third party products or services on our website, or link to information on third party websites. These third party sites have separate and independent privacy policies and terms of use. We have not reviewed, and cannot review, all of the material, including computer software, made available through third-party websites. Mappic does not have any control over those non-Mappic websites and webpages, and is not responsible for their contents or their use. By linking to a non-Mappic website or webpage, Mappic does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Mappic disclaims any responsibility for any harm resulting from your use of non-Mappic websites and webpages.

Copyright Infringement

As Mappic asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Mappic violates your copyright, you are encouraged to notify us. Mappic may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. In the case of such termination, Mappic will have no obligation to provide a refund of any amounts previously paid to Mappic. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Mappic the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Intellectual Property

This Agreement does not transfer from Mappic to you any Mappic or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Mappic. Mappic, the Mappic logo, and all other trademarks, service marks, graphics and logos used in connection with the Mappic Services are trademarks or registered trademarks of Mappic or Mappic licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Mappic or third-party trademarks.

Disclaimer of Warranties

The Mappic Services are provided "as is". Mappic and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mappic nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Mappic Services at your own discretion and risk.

Limitation of Liability

In no event will Mappic, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Mappic under this agreement during the twelve (12) month period prior to the cause of action. Mappic shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Services will be in strict accordance with the Mappic Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Mappic, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.

Privacy Policy

Please also visit our Privacy Policy section, describing the information we gather from our users and how we use it, at https://www.mappic.com/doc/privacy.php

Changes

Mappic reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Mappic may also, in the future, offer new services and/or features (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

The Terms of Use were last modified on June 1, 2012