Terms of Service
INTRODUCTION; AGREEMENT TO THIS TERMS OF SERVICE
Welcome to the Mapiz, Inc. ("Mapiz", "We", "Our") mobile device software application (the "Mapiz Software"), Web site, web widgets, feeds and applications for third-party Web sites and services, and any other mobile or web services or applications owned, controlled, or offered by Mapiz (collectively, the "Mapiz Services"). Subscribers, customers, users, and others who download, access, use, purchase and/or subscribe to the Mapiz Services (collectively or individually "You" or "Users") must do so under the following terms and conditions of use.
BEFORE USING ANY MAPIZ SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, BROWSING AND/OR USING THE MAPIZ SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH IN THE MAPIZ REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THIS TERMS OF SERVICE, AND ALL GUIDELINES (COLLECTIVELY, THE "AGREEMENT"). IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE MAPIZ SERVICES IMMEDIATELY.
THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND MAPIZ.
ALL THE MAPIZ SERVICES ARE AVAILABLE ONLY FOR INDIVIDUALS AGED 14 YEARS OR OLDER, AND SOME OF THE MAPIZ SERVICES ARE AVAILABLE ONLY FOR PERSONS 18 YEARS OR OLDER. IF YOU ARE 14 OR OLDER BUT UNDER THE AGE OF 18, THEN YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS AGREEMENT ON YOUR BEHALF THROUGH THE MAPIZ REGISTRATION PROCESS. IF YOU ARE A PARENT OR GUARDIAN ENTERING INTO THIS AGREEMENT FOR THE BENEFIT OF A CHILD OVER 14, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE MAPIZ SERVICE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
1. IMPORTANT DISCLAIMERS.
THE MAPIZ SERVICES ARE INTENDED ONLY AS PERSONAL, FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE MAPIZ SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.
YOU ACKNOWLEDGE AND AGREE THAT MAPIZ HAS OFFERED THE MAPIZ SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MAPIZ, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MAPIZ. MAPIZ WOULD NOT BE ABLE TO PROVIDE THE MAPIZ SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
2. PRIVACY NOTICE; GUIDELINES TO INDIVIDUAL FEATURES AND SERVICES
Mapiz's Privacy Notice is hereby incorporated into this Agreement by reference. Please read this notice carefully for disclosures relating to the collection, use, and disclosure of your personal information and real-time location information.
When using any of the Mapiz Services, you will be subject to any additional posted guidelines or rules applicable to certain features, which may be posted from time to time (the "Guidelines"). For example, the Mapiz Services may offer you opportunities to review certain events and venues, post event announcements, send messages to other Users, and to enter contests and sweepstakes. All Guidelines are hereby incorporated by reference into this Agreement.
3. MODIFICATION OF THIS AGREEMENT
4. OWNERSHIP; PROPRIETARY RIGHTS
The Mapiz Services are owned and operated by Mapiz. The Mapiz Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the Mapiz Services (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Mapiz Services are the property of Mapiz or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Mapiz Services are proprietary to Mapiz or its affiliates and/or third-party licensors. Except as expressly authorized by Mapiz, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
When you register for the Mapiz Services you may be asked to provide a password. We recommend passwords that use a combination of upper and lower case letters, numbers and symbols. As you will be responsible for all activities that occur under your password, you should keep your password strictly confidential at all times. YOU MUST NOTIFY MAPIZ IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL AND KNOWN ONLY TO YOU. We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure. YOU MAY NOT SHARE YOUR MAPIZ ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
6. PAYMENT TERMS; CANCELLATION
You agree to pay any fees due for and incurred by your use of the Mapiz Services. Any payments and fees for your purchase and use of the Mapiz Services may be managed by your mobile carrier or Mapiz. Please refer to your mobile carrier's regular billing statement for charges related to the Mapiz Services, and contact your mobile provider directly with any questions or comments related to these fees. If your mobile provider notifies Mapiz that your account is past due, then your Mapiz Services subscription may be deactivated without notice to you. If you wish to discontinue using the Mapiz Services, then you may cancel your Mapiz Services subscription.
8. USAGE RULES; PROHIBITED CONDUCT & USES
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
9. USAGE; REFUSAL OR SUSPENSION OF SERVICE
9.1 MAPIZ RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER'S REGISTRATION OR INVITE-A-FRIEND ATTEMPTS AS WELL AS ANY USER'S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, MAPIZ ALSO RESERVES THE RIGHT TO DISABLE ANY USER'S USE OF OR ACCESS TO THE MAPIZ SERVICES AND THE LOCATION INFORMATION OR PROFILES OF OTHER USERS, FOR ANY REASON AND WITHOUT ANY NOTICE.
9.2 You alone are responsible for your involvement with other Users. Mapiz reserves the right, but has no obligation, to monitor disagreements between you and other Users.
9.3 Mapiz does not control the content of User accounts and profiles and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the Mapiz Services.
PLEASE NOTE: MAPIZ RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.
10. USER SUBMISSIONS
10.1 The Mapiz Services allow the submission of content and materials (such as pictures, reviews, ratings, ideas, or notes) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Mapiz to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Mapiz Services and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Mapiz Services and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions.
10.2 By submitting User Submissions to Mapiz, you hereby grant Mapiz a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publicly perform, publicly display, digitally perform, and otherwise exploit, for any purpose whatsoever, without compensation to you or any other provider, User Submissions in connection with the Mapiz Services and Mapiz's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Mapiz Services (and derivative works thereof) in any media formats now known or hereafter developed, and through any media channels. You also hereby grant each user of the Mapiz Services a non-exclusive license to access your User Submissions through the Mapiz Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Mapiz Services and under this Agreement.
10.3 You understand that when using the Mapiz Services you will be exposed to User Submissions from a variety of sources, and that Mapiz is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mapiz with respect thereto.
10.4 Mapiz assumes no responsibility whatsoever in connection with or arising from User Submissions. You understand that whether or not such User Submissions are published, Mapiz does not guarantee any confidentiality with respect to any User Submissions. Mapiz assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time Mapiz chooses, in its sole discretion, to monitor User Submissions, Mapiz nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, Mapiz does not endorse and has no control over the content of User Submissions submitted by other Users. Mapiz makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, Mapiz reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
THE SITE AND/OR SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THE SITE AND ANY SERVICE PROVIDED BY OR MADE ACCESSIBLE THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE(S), OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
LIMITATION OF LIABILITY
FEATUREPOINTS ITS LICENSORS OR ITS AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SITE OR SERVICE AND ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, TRAFFIC CONGESTION OR DISCONNECTIONS IN PHONE OR INTERNET LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE SITE OR SERVICE PROCESS; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE SITE OR THE PROCESSING OF POINTS; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, THROUGH THE USE OR MISUSE OF THE SITE.
11. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
11.1 The Mapiz Services may include links to other web sites or services solely as a convenience to Users. Mapiz does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Mapiz makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
11.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Mapiz Services are solely between you and such advertiser. You agree that Mapiz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Mapiz Services.
11.3 Parties other than Mapiz may provide services or sell products via the Mapiz Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. Mapiz does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
11.4 In addition, even if Mapiz handles the billing, payment processing and/or fulfillment for the third-party service or product, some products and services are provided under direct license from the third-party and therefore the use of such products and services are governed by such third-party license terms. In such case, you will be subject to such license terms and agree that any matters relating to your use of such product or service, including any customer support or maintenance, will be between you and such vendor, and Mapiz will have no liability with respect thereto.
12. END USER LICENSES
12.1 LICENSE GRANT, RESTRICTIONS AND UPGRADES. To use the Mapiz Software you must have a mobile device that is compatible with the Mapiz Services. Mapiz does not warrant that the Mapiz Services will be compatible with your mobile device.
12.2 GOVERNMENT END USERS. If this Mapiz Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mapiz Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
12.3 EXPORT CONTROL. The Mapiz Software originates in the United States, and is subject to United States export laws and regulations. The Mapiz Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mapiz Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mapiz Software and the Mapiz Services.
13. VIOLATIONS; TERMINATION
You agree that Mapiz, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account or subscription (or any part thereof) you have with the Mapiz Services or use of the Mapiz Services and remove and discard all or any part of your account or any User Submission, at any time. You further agree that Mapiz may terminate any part of the Mapiz Services if (1) the partner with whom we offered the service to you has terminated its relationship with Mapiz or ceased to offer the service to you, (2) in Mapiz's opinion, the service is no longer commercially viable, or (3) we are required to do so by law. You agree that any termination of your access to the Mapiz Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Mapiz will not be liable to you or any third-party for any such termination. Mapiz does not permit copyright infringing activities on the Mapiz Services, and reserves the right to terminate access to the Mapiz Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Mapiz Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Mapiz may have at law or in equity.
14. DISCLAIMERS; NO WARRANTIES
THE MAPIZ SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MAPIZ SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. MAPIZ, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION MAPIZ'S THIRD-PARTY WIRELESS CARRIER PARTNERS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
MAPIZ AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION MAPIZ'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MAPIZ SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MAPIZ SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MAPIZ, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION MAPIZ'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE MAPIZ SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY, OR OTHERWISE. YOU (AND NOT MAPIZ OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE MAPIZ SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE MAPIZ SERVICES AT YOUR OWN DISCRETION AND RISK.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. 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.
15. INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold Mapiz, its affiliated companies, and its suppliers and partners (including, without limitation, Mapiz's wireless carrier partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) your use or misuse of any location information or the Mapiz Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use of the Mapiz Services to meet another User in-person or to locate and attend any offline place or event. Mapiz reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with and provide any necessary information for our defense of these claims.
16. LIMITATION OF LIABILITY AND DAMAGES
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL MAPIZ OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, MAPIZ'S WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE MAPIZ SERVICES; (C) THE MAPIZ SERVICES GENERALLY OR THE MAPIZ SOFTWARE OR SYSTEMS THAT MAKE THE MAPIZ SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH MAPIZ OR ANY OTHER USER OF THE MAPIZ SERVICES, EVEN IF MAPIZ OR A MAPIZ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL MAPIZ'S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, MAPIZ'S WIRELESS CARRIER PARTNERS') TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE MAPIZ SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE MAPIZ SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN MAPIZ AND RECEIVED THROUGH OR ADVERTISED ON THE MAPIZ SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE MAPIZ SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT MAPIZ'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
17. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
Digital Millennium Copyright Act Compliance. It is Mapiz's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, Mapiz will promptly terminate without notice the accounts of Users that are determined by Mapiz to be "repeat infringers." A repeat infringer is a User who has been notified by Mapiz of infringing activity violations more than twice and/or who has had a User Submission removed from the Mapiz Services more than twice.
If you are a copyright owner or an agent thereof, and you believe that any content hosted on any Mapiz Services infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Mapiz's Designated Copyright Agent with the following information in writing:
Mapiz's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Attention: Copyright Agent at [email protected] . For clarity, only DMCA notices should go to the Mapiz Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Mapiz customer service through [email protected]. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
18.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
18.2 Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the Mapiz Services shall be filed only in the state or federal courts in and for Santa Clara County, California and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Either Mapiz or you may demand that any dispute or claim between Mapiz and you about or involving the Mapiz Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association ("AAA") in San Francisco, California, USA and, if so demanded by Mapiz or you, both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the AAA in SF, CA to resolve the applicable dispute or claim; provided that the foregoing shall not prevent Mapiz from seeking injunctive relief in a court of competent jurisdiction.
18.3 Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
18.4 Notices. You agree that Mapiz may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the Mapiz Services. Notice will be deemed given twenty-four hours after email is sent, unless Mapiz is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Mapiz Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the Mapiz Services are deemed given and binding 30 days following the initial posting.
18.5 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by Mapiz without restriction.
18.6 Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification and, specifically, Sections 1, 4, 8, 9, 10, and 14 through 18 and the Exhibits of this Agreement hereby survive any termination of this Agreement or any termination of your use of or subscription to the Mapiz Services.
18.7 Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by Mapiz as set forth in Section 3 above.
18.8 GIFT CERTIFICATES, GIFT CARDS, ALLOWANCES, APP CODES. Any Gift Certificates, PayPal payments, Gift Cards, iTunes Cards, Content Codes, App Gift Codes and Allowances, in addition to unused balances, are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold. Unused balances are not transferable. Any Gift Certificates, PayPal payments, Gift Cards, iTunes Cards, Content Codes, App Gift Codes and Allowances received may be redeemed through the services in the United States or in the countries where those services are available. It is solely your responsibility to verify if these services are available in the country where you plan to redeem your Gift Certificates, PayPal payments, Gift Cards, iTunes Cards, Content Codes, App Gift Codes and Allowances. Neither Mapiz nor its affiliates nor Apple nor Amazon is responsible for lost or stolen Gift Certificates, PayPal payments, Gift Cards, iTunes Cards, Content Codes, App Gift Codes or Allowances.
18.10 Claims. YOU AND MAPIZ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MAPIZ SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
We may disclose and use personally identifiable information to resolve disputes, troubleshoot problems, enforce our Terms of Service (for example, when necessary to protect our or a third party's intellectual property or proprietary rights), or to alert you to changes in our policies or agreements that may affect your use of our Website. We may also disclose personally identifiable information when we, in our sole discretion, believe it is necessary or appropriate, in connection with a sale or transfer of some or all of our assets in the Website, or when we, in good faith, believe that the law requires us to do so.
Mapiz Application Marketing Service
Mapiz buys mobile advertising space on behalf of our Clients which are generally mobile application providers and companies looking to advertise via mobile applications. When you click on a Client ad or application link delivered by Mapiz, Mapiz servers receive and store a mobile identifier ("Mobile ID") which is a pseudonymous number that is associated with your mobile device. Mapiz cannot use the Mobile ID to identify you personally, but it does enable us to deliver relevant advertising to each mobile device. In addition to the Mobile ID, we collect information about the kind of mobile device you use (e.g., iPhone, Samsung), the operating system for your mobile device (e.g., Android, Apple O/S), IP address, the applications you download from Mapiz Clients, when, how, and how often you use those applications.
We use your device's Mobile ID and other information about Client applications you download to help our clients understand which ads are most effective at generating downloads of our Client's applications. We also use your Mobile ID and the information associated with your device Mobile ID over time (e.g., the applications you download, when and how you use those applications, and any publisher-provided demographic data) to enhance our services and to select Mapiz Client ads that are most likely to be of interest to you.
Information Sharing, Onward Transfer
We disclose the information in our systems, including your Mobile ID and/or the information associated with your Mobile ID over time for the following purposes:
Some of the advertisers and Web analytics firms used on our Website may place "tracking cookies" on your computer. These are small text files that can tell such companies what you are doing online, even though they usually don't record your name or other personally identifiable information. These cookies are used by these companies to try and match ads to a user's interests. They are used all over the Web. Mapiz may place cookies on your computer, in addition to any placed by advertisers.
We have implemented a third-party analytics features that will collect data on our Website.
We process information in a way that is compatible with and relevant for the purpose for which it was collected. To the extent necessary for those purposes, we take reasonable steps to ensure that any information in our care is accurate, complete, current and reliable for its intended use.
Mapiz adheres to the Children’s Online Privacy Protection Act. We do not create nor use any behavioral advertising segments of children under 13 as part of our Services. Our Site is not directed at children under the age of 13. If we are made aware that we have received personally identifiable information from someone under 13, we will use reasonable efforts to remove that information from our records.
The security of your information is important to us, including but not limited to the personally identifiable information collected via the website. Mapiz has implemented reasonable security measures to protect the information, both during transmission and once it is received. This includes but is not limited to the use of firewalls and encryption. No method of transmission over the Internet or method of electronic storage is 100% secure; therefore, while the company strives to use commercially acceptable means to protect your information, it cannot guarantee absolute security.
Links to Other Content
Transfer to the U.S. or Other Countries
Your information may be stored and processed in the United States or any other country where Mapiz has facilities.