Umapped Inc. (“Umapped” or “we”) reserves the right at any time, at our sole discretion, to change or otherwise modify this Agreement, and your continued access or use of the Applications signifies your acceptance of such updated or modified Agreement. Please periodically revisit this Website to review such updates. Please note that the last update was performed on July 5, 2013. If the modified terms are not acceptable, please do not access or use the Applications.
2.Use of the Applications.
Your rights with regard to accessing the Applications may be suspended, terminated or restricted at any time at the sole discretion of Umapped, for any reason whatsoever, without any liability to Umapped. Umapped is not required to give you advance notice or explanation for the termination. This termination shall be in addition to any other rights in contract or in law that Umapped may choose to enforce.
You are responsible for maintaining the security of your account and password. Should any charges or damages occur due to your not taking reasonable care of your account or password, you agree that you will be held solely responsible therefor, notwithstanding any negligence or misconduct on the part of Umapped.
4. Copyrights and Trademarks.
All contents of the Applications are: © 2013 Umapped Inc. All rights reserved. All materials displayed or otherwise accessible through the Applications are owned by Umapped and/or third party content suppliers, and are protected under the applicable copyright and trademark laws of the US, Canada and elsewhere. You hereby agree not to print, copy, reproduce, publish, transmit, modify, create derivative works, sell, distribute or make any other similar use of the contents of the Applications, including, but not limited to, the text, graphics, audio and visual content, and code. Notwithstanding the above, you may access the Applications and make a single copy of the material for your personal, non-commercial use. Nothing in this Agreement shall be construed, by implication or otherwise, as granting you a license for anything other than your personal use or for granting any other intellectual property or proprietary interest hereto.
5. Links and Affiliated Service Providers.
The Applications may contain links to other websites and apps that are operated by third parties, and are not under the control of Umapped. Umapped is not responsible for, and expressly excludes all liability with relation to these linked websites which you access and use at your own risk, and Umapped makes no representations, warranties or conditions concerning the linked websites or their contents, products or services.
TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW, USE OF THE APPLICATIONS IS AT YOUR OWN RISK, AND UMAPPED HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) WITH REGARDS TO THE APPLICATIONS AND YOUR ACCESS AND USE THEREOF. THE APPLICATIONS ARE PROVIDED “AS IS”, AND MAY CONTAIN ERRORS, INACCURACIES, VIRUSES OR BUGS, INCLUDING WITHOUT LIMITATION ERRORS AS TO [PRICING] OR INFORMATION WHICH MAY NOT BE UP TO DATE, AND THEREFORE IS NOT TO BE RELIED UPON WITHOUT INDEPENDENT VERIFICATION. UMAPPED RESERVES THE RIGHT TO MAKE CHANGES AND CORRECT ITEMS ON THE APPLICATIONS, AND DOES NOT GUARANTEE ITS ACCURACY.
7. No Maintenance and Support Obligation.
Umapped has no obligation to furnish any maintenance and support services with respect to the Applications.
8. Limitation of Liability.
YOU HEREBY WAIVE ALL REMEDIES, WARRANTIES, GUARANTEES OR LIABILITES, ARISING FROM LAW OR OTHERWISE EXCEPT IN RELATION TO LIABILTY FOR PERSONAL INJURY. IN NO EVENT SHALL UMAPPED BE LIABLE TO YOU FOR ANY DAMAGES, HOWEVER CAUSED (EXCEPT THOSE FOR PERSONAL INJURY), INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHERWISE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS, DISPLAY OR USE OF THE APPLICATIONS (INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON INFORMATION OR OPINIONS THAT APPEAR ON THE APPLICATIONS, ANY INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINED THROUGH THE APPLICATIONS, OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF, OR USE OF THE APPLICATIONS). UMAPPED SHALL NOT BE LIABLE FOR LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERUPTION, ANY COMPUTER RELATED DAMAGE OR LOSS OF DATA. UMAPPED HEREBY EXCLUDES ALL LIABILITY WITH RESPECT TO THE TRANSMISSION OF VIRUSES OR BUGS. THIS ENTIRE LIMITATION SHALL APPLY EVEN IF UMAPPED WAS INFORMED OF THE POSSIBLE OCCURRENCE OF THE ABOVEMENTIONED DAMAGES. THIS LIMITATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN UMAPPED AND YOU.
Notwithstanding any other provision herein, please be aware that by submitting content to the Applications by electronic mail, postings on the Applications or otherwise, including any information related to a trip, reviews, questions, comments, suggestions, feedback, ideas or the like contained in any content (collectively, “Content”), you grant Umapped a nonexclusive, worldwide, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised, with or without the name you used to make such submissions. You do further acknowledge and agree that your Content are not your confidential or proprietary information. We take no responsibility and assume no liability for any Content posted or submitted by you. If you do not agree to these terms and conditions, please do not provide us with any Content. We reserve the right to store personal information submitted by you the user at the time of making a submission, including name, city, country and email.
You can modify or delete your personal information and manage your preferences. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed and copies of your Content may continue to exist on the Applications and/or elsewhere. We are not responsible or liable for the content of the Content, nor for the removal or deletion of (or the failure to remove or delete) any Content on the Applications. You acknowledge that Umapped may exercise its rights (e.g. use, delete) to your Content without notice to you.
We ask that you respect the Applications and other users when posting Content and using the Applications. When submitting Content to or otherwise using the Applications, you agree not to post or transmit to or from the Applications:
a. Any unlawful, hateful, racially or ethnically offensive, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law;
b. Any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and
c. Any material or content that infringes, misappropriates or violates any third party rights, including but not limited to copyright, trademark, patent right or other proprietary right of any third party;
d. Any falsehoods or misrepresentations that could damage us, our users or any third party;
e. Any private information concerning another person, such as their address, phone number, email address, and similar information without their permission;
f. Anything which impersonates another person or represents yourself as affiliated with us, our staff or other industry professionals;
g. Anything which solicits a user’s password or other account information;
h. Anything which harvests user names, addresses, or email addresses for any purpose; and
i. Any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems.
Our Applications may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Applications:
a. Attempt to access or search the Applications or download Content from the Applications through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers;
b. Access, tamper with, or use non-public areas of the Applications, our computer systems, or the technical delivery systems of our providers;
c. Gather and use information, such as other users’ names, real names, email addresses, available through the Applications to transmit any unsolicited advertising, junk mail, spam or other form of solicitation;
e. Violate any applicable law or regulation; or
f. Advocate, encourage, or assist any other individual to doing any of the foregoing.
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Applications.
You agree to indemnify, defend and hold harmless (including reasonable legal fees) Umapped from any action, loss, liability, claim or demand relating to:
a. Your access and use of the Applications, including a dispute between you and any other users of the Applications;
b. Your breach of any of the provisions of this Agreement; and
c. Any content which you post on the Applications.
12. Software and Code Ownership.
Please note that all applications and software that are part of the Applications, including, without limitation, all HTML code, is owned by Umapped, and/or its respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of such software or of any code used in connection therewith is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF ANY SUCH SOFTWARE OR CODE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
Portions of the Umapped applications are subject to the licences at http://www.umapped.com/mobile/attribution.html .
13. Additional Terms Applicable to IPhone or IPad Applications.
b. Scope of License:
The right granted to you hereunder is limited to a non-exclusive and non-transferable license to use the Applications on any iPhone or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
c.Maintenance and Support:
By accessing any part of the Applications, you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Applications.
e. Product Claims:
By accessing any part of the Applications, you acknowledge that, as between Apple and Umapped, Umapped (and not Apple) is responsible for addressing any claims of the end-user or any third party relating to the Applications or the end-user’s possession and/or use of that Applications, including, but not limited to: (i) product liability claims; (ii) any claim that any of the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
f .Intellectual Property Rights:
By accessing any part of the Applications, you will be deemed to have represented and warranted 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.
h.Developer Name and Address:
Any end-user questions, complaints or claims with respect to any of the Applications should be directed to:
Address: 1 Westmount Square Suite 1390, Westmount, Quebec, H3Z 2P9, Canada
a.Third Party Beneficiary:
You hereby grant to Umapped a full and final release and forever acquit and discharge Umapped of and from all claims, actions, causes of action, suits, proceedings and demands of whatsoever nature, character or kind which you can, shall or may have against Umapped, which relate to:
a.Your access and use of the Applications;
b.any content which you post on the Applications.
The Applications, any access or use of the Applications and any dispute relating thereto shall be governed and construed by the laws applicable to the Province of Quebec (and the laws of Canada applicable therein), without regard to conflict of law rules. Both Umapped and you agree to the exclusive jurisdiction of the courts of the District of Montreal, Province of Quebec.
Any indemnity in favour of Umapped, and any release of Umapped, shall also include an indemnity or release, as the case may be, of its shareholders, directors, officers, employees and agents.
Umapped’s failure to enforce at any time or for any period any one or more of the terms set forth herein shall not be a waiver of them or the rights attaching to any of them.
Should any provision of this Agreement be deemed invalid or unenforceable, those provisions shall be severed from the Agreement, but shall not affect the validity of the other provisions.
The parties hereto acknowledge that they have requested and are satisfied that this Agreement be drawn up in English; Les parties aux présentes reconnaissent qu’elles ont exigé que ce contrat soit rédigé en anglais et s’en déclarent satisfaites.
Should you have any questions or comments concerning these Terms Of Service, please do not hesitate to contact us at firstname.lastname@example.org.