Terms of service
These terms contain a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Description and Use of Our Service
The Service provides a platform that helps you build an embeddable map from your location-based check-ins. In addition to other functionalities, the Service provides: (i) a system to configure your embeddable via specific map styles and sizes; (ii) a real-time update feed to continuously monitor your check-ins.Eligibility
You may use the Service only if you can form a binding contract with Getmapped/at, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Getmapped/at.Getmapped/at Account
Your Getmapped/at account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Getmapped/at account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Getmapped/at immediately of any breach of security or unauthorized use of your account. Getmapped/at will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Service by changing the settings in your profile settings. By providing Getmapped/at your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Getmapped/at servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Getmapped/at grants the operators of public search engines revocable permission to use spiders to copy materials from getmapped.at for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, to compromise the system integrity or security or to decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) uploading, posting, transmitting, sharing, storing or otherwise making publicly available on the site, or other channels, any private, personally identifiable information of any third party, including, but not limited to: addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (ix) using the Service for any commercial solicitation purposes; (x) impersonating another person or otherwise misrepresenting your affiliation with a person or entity or conducting fraud; (xi) interfering with the proper working of the Service; (xii) accessing any content on the Service through any technology or means other than those provided or authorized by the Service or Getmapped/at’ written permission; or (xiii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for any or no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.Advertisements
You agree that Getmapped/at may include advertisements and/or content provided by Getmapped/at and/or a third party (collectively “Ads”) as part of the implementation of the Service. You agree to comply with any specifications that may be provided by Getmapped/at from time to time to enable proper delivery, display, tracking and/or reporting of Ads.
Getmapped/at reserves the right, in its sole discretion, to not run Ads on sites based on quality criteria important to our advertisers, including but not limited to: site language, brand safety of content, and user engagement.
Subject to the terms and conditions of these Terms, Getmapped/at grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial (i.e. you may not use the Service to provide ads) use only and as permitted by the features of the Service. Getmapped/at reserves all rights not expressly granted herein in the Service and the Getmapped/at Content (as defined below). Getmapped/at reserves the right to terminate your license to use the Service at any time and for any reason or in the future to charge for commercial usage.
Publisher Responsibility and Content Guidelines
Getmapped/at enables online communities, and in doing so, freedom of expression and identity are core values of the Service. There are a number of categories of content and behavior, however, that jeopardize the Service by posing risk to users, publishers or third party services utilizing the Getmapped/at platform. Websites or website representatives publishing inappropriate content or exhibiting inappropriate behaviors in connection with their use of the Service, including from the following categories, may have their Getmapped/at account suspended or terminated:
- Blackmail or extortion
- Copyright or trademark Infringement
- Deceitful data collection
- Harm to minors or animals
- Intimidation of users of the Getmapped/at Service
- Privacy violations
- Unlawful activities
The above list may be modified or expanded at any time, and individual account deactivation decisions remain at the sole discretion of Getmapped/at.
Getmapped/at Property and Attribution
Getmapped/at, the Getmapped/at logo and the Getmapped/at design are trademarks or trade dress of Getmapped/at, and may not be used without express written permission from Getmapped/at, other than for attribution. Any application displaying a Getmapped/at embeddable or user profile must display the Getmapped/at social icon linking to https://getmapped.at/, and the Getmapped/at username linking to the getmapped.at user profile URL if the username is available. Any analysis or statistical reporting for public or commercial purposes, derived in part or in its entirety from content on the Getmapped/at Service, must be sourced as “Getmapped/at”.
All other trademarks not owned by Getmapped/at that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Getmapped/at. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, APIs, software, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Getmapped/at Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Getmapped/at and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Getmapped/at Content. Use of the Getmapped/at Content for any purpose not expressly permitted by these Terms is strictly prohibited.
The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Getmapped/at, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the service.
Getmapped/at does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Getmapped/at service or any hyperlinked website or service, and Getmapped/at will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. To the maximum extent permitted by applicable law, in no event shall Getmapped/at, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will Getmapped/at be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Getmapped/at assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Getmapped/at, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding greater than either (a) the amount you paid to getmapped/at hereunder or (b) 1 dollar.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Getmapped/at has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These terms give you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under these terms will not apply to the extent prohibited by applicable law.
The service is controlled and operated from its facilities in Germany. Getmapped/at makes no representations that the service is appropriate or available for use in other locations. Those who access or use the service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable German and local laws and regulations.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Getmapped/at without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to Terms
These Terms were first published and made effective on June 1, 2014.