MapGems Terms of Service
Effective Date: 2017.01.10
Welcome to MapGems! Thank you for downloading and installing our mobile app. By using the MapGems mobile application, including updates, and related products and services (the “Services”), you agree to these terms of services (the “Terms”).
Please review the Terms carefully, as these form a binding agreement between you and Mad Dog Software Corporation (“Us” or “Mad Dog”). If you do not agree to the Terms in their entirety, please do not use the Services.
- Your Responsibilities
1.1 You represent that you are 13 years or older. If you are under the age of 13, please discontinue use of the Services.
1.2. You represent that you are authorized to enter into this agreement with Mad Dog.
1.3. You shall comply with all applicable local, state, national, and international laws when using the Services. Do not use the Services in areas where the Services are prohibited.
1.4. You shall create only one account for your own personal use. You agree not to create multiple accounts for yourself, and you agree not to create accounts for other individuals. You further agree to provide accurate and complete information during the account creation process, and you agree to update such information in a timely manner. Mad Dog reserves the right to delete any accounts that do not comply with the Terms, such as when accounts are created using fraudulent, incomplete, or inaccurate information, or if account information is not updated in a timely manner.
1.5. If you create an account for an entity (e.g. family business, corporation, partnership, government agency, etc.), you represent that you are authorized to bind such entity to these Terms, including the license grants as described below.
1.6. You are responsible for safeguarding and protecting your account password. You agree not to disclose your account password to any third parties. Any actions taken under your account will be your responsibility. Mad Dog is not responsible for your or any other use’s actions. Should your account become compromised, you will immediately notify Mad Dog so that appropriate action may be taken.
1.7 When uploading content, such as text, graphics, images, videos, or audio recordings, in connection with the Services, you represent that you have the rights or authorization to upload such content. You shall not upload any content that infringes another party’s intellectual property rights, such as copyrights and trademarks, or privacy rights.
1.8. If you see any content that you believe infringes your intellectual property rights, please contact Mad Dog and we will investigate whether or not to remove such content from the Services.
1.9. You shall not reverse engineer any part of the Services.
- Your Grant of Rights
2.1. When you upload content, you grant Mad Dog an irrevocable, non-exclusive, perpetual, sub-licensable (through multiple tiers), world-wide, royalty-free, fully paid-up license to exercise all intellectual property rights, including but not limited to, copyright and trademarks, and your likeness and voice, in the content, in connection with the facilitation, promotion, improvement and expansion of the Services, which may include reproducing, broadcasting, displaying, modifying, editing, modifying, or creating derivative works of the content. You waive your right to enforce against Mad Dog, its licensees, and assignees, your intellectual property rights in the content.
2.2. Mad Dog may make your content available to other users of the Services, or potential users of the Service, in accordance with the license granted above.
- Your Rights
3.1. When you use our Services to create, distribute, share, or store your content, you retain all ownership rights in such content that you originally had. You do not assign any ownership rights to anyone by your use of the Services.
3.2. Mad Dog grants you a revocable, non-exclusive, personal, world-wide, royalty-free, non-assignable license to use the Services, including downloading and using our mobile application, and viewing other users’ content, subject to your compliance with the Terms. This license does not grant you any right to modify, copy, sell, rent, or lease any part or all of the Services. Mad Dog reserves all rights not granted to you.
- Interaction with the Community
4.1. Other users’ content is the sole responsibility of other users. MapGems has no ownership rights to such content, and has no responsibility for such content provided through the Services.
4.2. You will not infringe a third party’s rights while using the Services. Such rights include, but are not limited to, intellectual property rights, privacy, and publicity.
4.3. You will not engage in any activity that harasses or intimidates any other person or entity while using the Services.
4.4. You will not knowingly make false statements or defame any other person or entity while using the Services.
4.5. You will not, through your actions or that of an automated service, spam any other person or entity, or attempt to extract another user’s information.
4.6. The Services is meant to be a safe area. To that end, you will not post content that includes pornography, violence, content that promotes violence, or hate speech.
4.7. You will not post content that includes malicious code designed to compromise the Services or other users of the Services.
4.8. Some sites or establishments prohibit photos or cameras. You will respect all such restrictions.
4.9. You will not circumvent any content filtering designed to remove prohibited content on the Services.
5.1. The Services may send an anonymous event or signal to Mad Dog’s backend server to collect information for the purpose of improving, promoting, facilitating, or enhancing the Services. This information may include the device you are using, the network you are using, the operating system you are using, among others.
5.2. The nature of the Services necessitates the sharing of personally identifiable information, such as your name and geographic location, among others. By using the Services, you agree to share such information with Mad Dog, and you agree to allow Mad Dog to share such information as determined in the privacy settings of the Services. Mad Dog will use commercially reasonable efforts to limit the distribution of such information based on your selected privacy settings.
- Data Charges
6.1. The Services may require data to be sent through a mobile telephone data service. You are responsible for all charges, including data charges, you incur by using the Services.
Mad Dog reserves the right to modify the Agreement, the Services, and any fees related to the Services at any time and without notice. If Mad Dog makes any modifications, Mad Dog will post the modifications on the Services with an effective date. If you do not agree to the modifications, please discontinue use of the Services by the effective date.
You or Mad Dog may terminate these Terms at any time, for any reason, and without advanced notice. This includes either party being able to delete your account, and your content stored with Mad Dog, at any time for any reasons and without advanced notice.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Mad Dog, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses due to, arising out of your use of the Services.
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MAD DOG DOES NOT REPRESENT NOR WARRANT THAT THE SERVICES OR ANY CONTENT OF THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, DISRUPTION FREE, WITHOUT DELAY, ACCURATE, OR TIMELY. MAD DOG HAS NO RESPONSIBILITY, AND ASSUMES NO LIABILITY, FOR ANY CONTENT THAT OUR USERS, INCLUDING YOU, UPLOAD, POST, SEND, OR RECEIVE, VIA OUR SERVICES. YOU UNDERSTAND AND ACCEPT THAT YOU MAY BE EXPOSED TO OFFENSIVE, INACCURATE, AND ILLEGAL CONTENT THAT MAD DOG IS NOT RESPONSIBLE FOR.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED, MAD DOG AND ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, VENDORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES, WHETHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF MAD DOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MAD DOG’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED US$1,000.
12.1. You may not assign or transfer this Agreement.
12.2. This Agreement will be construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to personal jurisdiction in Santa Clara County, California.
12.3. The Northern District of California shall be the exclusive venue to litigate all claims arising out of the Terms. Should the Northern District of California lack jurisdiction over the litigation, the next exclusive venue shall be the Santa Clara County Superior Court of California.
12.4. Should a competent court find any provisions unenforceable, such provisions shall be severed from the Terms, and the remaining provisions’ validity and enforceability shall remain in full force.
12.5. Non-enforcement of any provision shall not constitute a waiver of such provision.