WELCOME TO MAPKIN!
WHAT IS THE SERVICE
The Service helps lawful drivers to navigate to their desired address. It allows drivers and users to provide updates that improve the quality of the Service for everyone. The Service is provided mainly through the Software, delivered as a mobile device app or through a browser.
Mapkin hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the Software) for non-commercial purposes, subject to these Terms.
The Software may not be used in any way that is not expressly permitted by these Terms.
USING THE SERVICE
You may use the Service only for your non-commercial, personal purposes. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service to a third party; or (iv) offer the Service to the public via communication or integrate it within a service of your own.
The Service is not intended or designed to attract children under the age of 13. You are not permitted to use the Service if you are under the age of 13.
If you open an account on the Service, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also may be required to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your account credentials. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Mapkin immediately of any unauthorized use of your account or any other breach of security. Mapkin will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's account at any time, without the permission of the account holder.
You may not copy, print, save or otherwise use data from the Software or the Service. This clause does not limit the use of the Service as intended for your personal use. When using the Service, you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, or indexing. You may not use any robot, spider, scraper or other automated means to access the Service for any purpose.
There are certain types of conduct that are strictly prohibited on the Service.
You may not, whether yourself or through any other means or person : (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the content included in or available through the Service or Software (collectively, the “Content”), or in any way or publicly display, perform, or distribute them; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content; (iii) create a browser or border environment around the Content (e.g. no frames or inline linking); (iv) interfere with or violate any third party or other user's right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Service or Software without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights; (vi) transmit or otherwise make available in connection with the Service or Software any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of the Service or Software, or the servers or networks that host and enable the Service , or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Content, Service, or Software; (ix) frame or mirror any part of the Service or Software; (x) create a database by systematically downloading and storing all or any of the Content from the Service or Software; (xi) forward any data generated from the Service or Software; (xii) transfer or assign your Service account’s password, even temporarily, to a third party; (xiii) use the Service or Software for any illegal, immoral or unauthorized purpose; (xiv) use the Service or the Content for non-personal or commercial purposes; or (xv) infringe or violate any of these Terms.
TERMINATION OF USE OF THE SERVICE
You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise Mapkin of such termination. However, if you would also like Mapkin to delete your Mapkin account and your personal information contained in the account, please contact us. See “Contact Mapkin” Section below. Mapkin will use reasonable efforts to delete such information, however please note that your information may be retained on our back-up systems for some time. In addition, we may retain de-identified information about you and continue to use it for aggregate and historical data analytics and other purposes.
Mapkin retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason Mapkin deems appropriate, at its sole and absolute discretion.
ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS. YOU MAY ONLY SUBMIT USER CONTENT WHEN IT IS SAFE TO DO SO, IN CONFORMANCE WITH ALL APPLICABLE LAWS.
The Service allows users to submit and post information and content that may be helpful to other users ("User Content"). User Content is separate from third-party sponsored advertisements that may appear on the Service. User Content can include, for example, improved turn descriptions, landmark locations, warnings, driving tips, etc. You assume sole responsibility for any User Content you post and you alone are liable for the consequences when you post User Content. When you submit User Content, you represent and warrant that the User Content is accurate and that you expect such User Content to be helpful to other users of the Service.
When you submit User Content, you represent and warrant that you own all intellectual property rights in the User Content; that you are permitted to publish the User Content and to permit Mapkin to publish the User Content and exploit all intellectual property rights to the User Content as part of, and in connection with, the Service. Mapkin receives no ownership rights to the User Content that you submit. However, by submitting User Content to Mapkin, you hereby grant Mapkin and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the User Content. The license granted to Mapkin to the User Content you submit is not limited to personal use, but also extends to any commercial or other use of User Content, in Mapkin's sole and absolute discretion.
In addition to the representation and warranty set forth above, by submitting User Content that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you represent and warrant that: (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By posting Images, you are granting: (a) to all members of the general public (for each such Images available anywhere on the Service), permission to use your Images in connection with the use, as permitted by these Terms, of the Service, and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Service. The licenses granted in the preceding sentences for Images will persist until the applicable Image is completely removed from the Service, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time of such removal. No compensation will be paid with respect to the use of your Images.
You may not submit User Content of a commercial nature (including advertising), unless such submission pertains to Mapkin, the Service, or Mapkin's products, and such User Content strictly complies with these Terms.
When you submit User Content, it must be lawful. You may not submit Content that:
is diminishing or infringing proprietary rights of others, including but not limited to copyright and trademarks;
poses a risk to a person's safety, security or health;
identifies other persons without obtaining such person’s express written consent to the disclosure of their personal information, or pertains to minors and identifies minors or their personal information, including their full name, age, address or contact information;
is unlawful, defamatory, libelous or invades the privacy of others;
is harassing, offensive, threatening or vulgar;
is characterized by, or encourages, racism or unlawful discrimination on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class;
encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or under these Terms;
falsely expresses or implies that such content is sponsored or endorsed by Mapkin or other parties.
Mapkin may decline to publish, or immediately delete any User Content you submit if you or the Content have violated these Terms or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its users, Mapkin or any of its agents or affiliates. In such cases, Mapkin may also terminate your access to the Service or prevent you from posting additional User Content on the Service. The provisions of this clause are made in addition to any rights Mapkin has under applicable law.
EXAMINATION OF USER CONTENT
Mapkin may examine User Content before or after its publication, prevent publication of inappropriate, inadequate or erroneous User Content, or remove any such User Content after its publication.
Mapkin retains sole discretion in determining which User Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of User Content within the Service. Mapkin does not guarantee that all User Content will be published, in general or for any period of time.
User Content submitted by users for publication does not reflect the views of Mapkin. Publishing User Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.
All intellectual property rights to the Software, the Service and the Content, including copyrights, trademarks, industrial designs, patents and trade secrets, are either the property of Mapkin or its affiliates or are licensed to Mapkin. The Service is protected, among others, by the U.S. Copyright Act of 1976, as amended, as well as by applicable copyright provisions prescribed by any other law, in the United States and elsewhere. See ACKNOWLEDGMENTS for more information.
“Mapkin,” the Mapkin logo, and other trade and/or service marks are the property of Mapkin or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of Mapkin.
The design, trade dress, and the ‘personality’ of the driving instructions of the Service are protected works under applicable copyright laws and Mapkin and its affiliates retain all intellectual property rights in them. You may not copy or print more than one personal-use copy of any data or material available through the Service.
Mapkin may protect the Service by technological means intended to prevent unauthorized use of the Service or the Content. You may not circumvent those means.
LIMITATION OF LIABILITY AND WARRANTY
MAPKIN PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE WILL NOT NECESSARILY MEET THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
Additionally and without derogating from the above clause, Mapkin disclaims any warranties relating to the accuracy of the Content, road conditions, driving directions, or navigation routes presented or displayed in or by the Service. For instance, traffic may be congested in roads depicted by the Service as uncongested; existing roads may be missing from the map; and users may submit faulty or inaccurate User Content.
You assume full, exclusive and sole responsibility for the use of and reliance on the Service, and your use of or reliance on the Service is made entirely at your own risk. It is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.
THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (TRAFFIC LIGHTS, TRAFFIC SIGNS, POLICE PERSON, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.
Mapkin does not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Mapkin's computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Mapkin or any of its providers.
MAPKIN, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. THE LIMITATIONS ON DAMAGES SET FORTH IN THIS PARAGRAPH APPLY WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MAPKIN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LINKS AND COMMERCIAL INFORMATION IN THE SOFTWARE
The Service may include commercial information or advertisements, for example, pins indicating the locations of certain establishments, their commercial offers, coupons, etc. (“Ads”). The Ads may pop up or be displayed on the Service from time to time. Mapkin cannot and does not guarantee the reliability or accuracy of Ads. Mapkin does not endorse the content of Ads provided by third parties. Additionally, and without derogating from the previous sentence, Mapkin will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads posted on the Service.
The provision of Ads through or in connection with the Service by Mapkin does not constitute a recommendation or encouragement to procure the goods or services advertised.
In addition to Ads, the Service may include links to services or applications not operated or managed by Mapkin. Mapkin will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. Mapkin will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links on the Software.
YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE OPERATING A VEHICLE. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND, IN THE EVENT THAT YOU VIOLATE THE FOREGOING PROVISION, THE THIRD-PARTY ADVERTISERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM OR IN CONNECTION WITH THE DISPLAY OF THE ADS ON THE SERVICE OR YOUR VIEWING OF THE ADS ON THE SERVICE.
BREACH AND INDEMNITY
Without derogating from any applicable law, you agree to indemnify and hold harmless Mapkin and its employees, officers, directors and agents, as well as all third-party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. This indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Mapkin, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.
MODIFICATIONS TO THE SERVICE AND SOFTWARE
Mapkin may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service's features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Mapkin for applying such changes or for failures incidental to such changes.
TERMINATION OF SERVICE
Mapkin may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.
MODIFICATIONS OF THESE TERMS
Mapkin may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on applicable web pages available through the Service. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you do not accept the updated Terms in their entirety, you must discontinue all further use of the Service.
GOVERNING LAW AND JURISDICTION
These Terms, the Software and the Service will be governed solely by the laws of the Commonwealth of Massachusetts, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of a court of competent jurisdiction in Middlesex or Suffolk County, Massachusetts, USA.
Any claim or cause of action against Mapkin or any of its officers, directors, shareholders, employees, affiliates, or agents arising out of or related to the Service must be asserted within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within such timeframe will be a permanent bar of the cause of action, and will constitute your complete and final waiving of the lawsuit and any related claims that could have been asserted in such action.
ASSIGNMENT OF RIGHTS
You may not assign or transfer your rights to the Service, without the prior written consent of Mapkin. Mapkin may assign its rights to the Service to a third party at its sole and absolute discretion.
These Terms constitute the complete agreement between you and Mapkin concerning the Service.
NO LEGAL RELATIONSHIP
These Terms and your use of the Service, including the submission of User Content, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship of any kind between the parties hereto. Your use of the Service is intended for your personal, non-commercial enjoyment and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any User Content or other contributions you have made to the Service, its contents, or to Mapkin in any other manner.
If you use the Service on an Apple device, then you agree and acknowledge that:
Apple, Inc. (“Apple”) bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
U.S. GOVERNMENT RIGHTS
Any Software which is downloaded from the Service for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Mapkin – see “Contact Mapkin” Section, below.
You may contact us concerning any question about the Service through the "Contact" links available through the Service's web site. We will make our best efforts to address your inquiry promptly.
If you are contacting us regarding an alleged copyright infringement, the notification regarding the alleged infringement (“Notification”) information is as follows:
Designated Agent pursuant to Title 17, United States Code, Section 512(c)(2):
Marc Regan, CEO, (951) 821-MAPS, email@example.com, 35 Kingston St. #1 Boston, MA 02111
To be effective, the Notification must include:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (the “Complaining Party”);
Identification of the work claimed to have been infringed, or if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mapkin to locate the material;
Information reasonably sufficient to permit Mapkin to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Last modified: 12 August 2015