TERMS OF SERVICE
(last updated 10/30/2010)
Welcome to Maptive’s online services. Our mapping services (the “Service”), located at http://www.Maptive.com, is owned and operated by Maptive, LLC (“Maptive”), and is provided to you (the “Client”) under the terms and conditions outlined below. By using the Service, the Client recognizes the terms and conditions of this agreement (the “Agreement”), and agrees to use the Service accordingly. This agreement shall continue in effect for as long as the Client is registered to use the Service.
reserves the right to update and change the Agreement from time to time without notice. Any new features that enhance or extend the current Service shall be subject to this Agreement. Continued use of the Service after any such changes shall constitute Client consent to such changes.
PLEASE READ THIS AGREEMENT CAREFULLY
Maptive is providing the Client with the processing and storage of personal information (the “Content”). Maptive makes no guarantees as to the continuous availability of the Service or of any specific features of the Service. Maptive reserves the right to change the Service without notice.
Client may stop using the Service and have their Content removed at any time. To do so Client must contact Maptive via email. Maptive will remove the Content related to the Client shortly after cancellation. If the Client abandons their Content by not logging in to the Service for a period of three (6) months, Maptive reserves the right remove all Content related to the Client. Notwithstanding the previous statement Maptive, at its sole discretion, for any reason, and at any time, reserves the right to terminate this Agreement and access to the Service with thirty (30) days prior notice to the Client.
Maptive supplies a private service, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Client acknowledges that Maptive does not pre-screen Content, but that Maptive and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that violates the Agreement.
Client must not do anything which could reasonably be expected to damage, disable, overburden, or materially impair the Service or which is likely to interfere with any other party’s use or enjoyment of the Service.
Client agrees to provide true, accurate and complete registration information and to maintain, and promptly update Client information as applicable. Client agrees not to impersonate any person or use a name that Client is not authorized to use. If any information Client provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Maptive has the right to terminate Client access to the Service and Maptive has the right to recover from Client any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. Client authorizes Maptive to make any inquiries they consider necessary to validate Client registration.
Client agrees that they have access to the Internet and to a current email address other than the one that may have been provided to Client by Maptive. This email must be specified during the registration process when Client sign up to the Service, and will be the email address that Maptive will use to contact the Client. Maptive will not be liable for any undelivered email communications or any costs Client incur for maintaining Internet access and an email account. Client must promptly notify Maptive of any change to their email address.
To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding Client account and/or Client’s use of the Service (“Communications”), may be provided to Client electronically and Client agrees to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Service and/or delivered to Client’s email address. Client will print a copy of any Communications and retain it for their records. All Communications in either electronic or paper format will be considered to be in “Writing”, and to have been received no later than five (5) business days after posting or dissemination, whether or not Client have received or retrieved the Communication.
Client may not divulge their account password(s) to anyone else, nor may Client use anyone else’s password. Maptive is not responsible for losses incurred by Clients as the result of their misuse of passwords.
If Client uses, or attempt to use the Service for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, Client access to the Service will be terminated and Client will be subject to damages and other penalties, including criminal prosecution where available.
RIGHTS AND DISCLAIMERS OF MAPTIVE
Free trials and beta trials
No charge for use of the Service will be made during any free-trial period or any beta-trial period. The Client is not however entitled to benefit from more than one free-trial. If Maptive discovers that more than one free-trial has been requested, the Client will become liable for payment of the subscription fee for all use of the Service made after the first free-trial period.
Once any free-trial or beta-trial period is over, Maptive will automatically renew the Client’s subscription and bill them every month using the credit or debit card details provided to us, until Client terminates their account.
Maptive shall be under no obligation to provide the Service if the fee is not paid to us on time. The Client must ensure that Maptive has complete and accurate billing and contact information throughout the billing period. If billing fees become overdue, because for example the Client’s credit card has expired, Maptive reserves the right to suspend access to the Service until the balance is paid or Maptive may remove the Client’s Content and prevent further access permanently.
When applicable, Maptive shall make reasonable efforts to ensure that purchases involving cheques and credit cards are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the funds are approved. Maptive makes no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or the U.S. or international mail service, nor shall we be liable for any actual or consequential damages arising from any claim of delay.
Limitation of Liability
In no event shall Maptive be liable for (i) loss or inaccuracy of Content, (ii) interruption, suspension, or termination of the Service, (iii) damages caused other than by intentional misconduct, or (iv) any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to the use of or inability to use the Service, or any of the associated services, even if Maptive has been advised of the possibility of such damages. In no event shall Maptive be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, Internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
Client agrees to indemnify and hold Maptive, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content Client submits, posts, transmits or make available through the Service, Client’s use of the Service, Client’s connection to the Service, Client’s violation of the Agreement, or Client’s violation of any rights of another.
DISCLAIMER OF WARRANTIES Client EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT THE Client SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “Service” BASIS. Maptive EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Maptive MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET Client REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY Client THROUGH THE SERVICE WILL MEET Client EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Restrictions When applicable, Maptive, at its sole discretion, reserves the right to terminate a Client’s access to the Service and remove their Content for any one of the events:
- Receipt of potentially fraudulent or insufficient funds
- Unconfirmed identity
- Registering, advertising or otherwise soliciting the receipt of excessive Internet traffic
- The Service has been used in or to facilitate criminal or fraudulent activity
- Use of an anonymizing proxy
- Harm minors in any way
- Impersonate any person or entity, including, but not limited to, a Maptive official, or falsely state or otherwise misrepresent Client affiliation with a person or entity
Upload, post, email, transmit or otherwise make available any:
- Content that Client does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
Unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation
- Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable
All copyright and other intellectual property rights in the Service (including any such rights in our website) are either owned by or licensed to Maptive and nothing in this Agreement shall transfer any ownership rights whatsoever to the Client. The Client retains ownership of any copyright and any other intellectual property rights related to the Client’s Content. Intellectual property rights in Content will not be transferred to Maptive.
Maptive™, and all related logos, products and services described in this website ar either trademarks or registered trademarks of Maptive and (aside from “Use of Logos” below) may not be copied, imitated or used, in whole or in part, without the prior written permission of Maptive. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Maptive and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Maptive.
Use of Logos
Notwithstanding the above, logos provided by Maptive may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to Maptive or the Service. Maptive logos may not be displayed in any manner that implies sponsorship or endorsement by Maptive.
Transfer of Rights & Obligations
Waiver and severability
If either Client or Maptive breach the Agreement, it doesn’t mean that any further breach cannot be enforced. Similarly, if any part of the Agreement turns out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
All Services to be provided, all obligations of Maptive and all Communication between the parties with respect to this Agreement will be done in the English language. Web pages which are translated from English to other languages may contain errors / omissions. If for any reason the translated text is incorrect, or misleading, the English text shall be deemed as the official version.
If Client has any questions about this Agreement, the practices of this Maptive, or Client dealings with the Service, contact:
Maptive Client Services: clientservices@Maptive.com