Mapsted Corp., a company incorporated in Canada, having its registered office at 200 Matheson Blvd. West, Suite No. 200, Mississauga, Ontario, Canada, (“Mapsted”, “we”, “us”, “our”) and our affiliates, third parties, and other partners welcome you to our Site. The “Site” means https://mapsted.com, https://hub.mapsted.com, https://developers.mapsted.com, mapsted.com/blog and any successor URLs, mobile or localized versions and related sub-domains, in whatever format they may be offered now or in the future. Through the Site, we may provide you with general information regarding our company, products and services.
Portions of the Site may be accompanied by additional terms which apply to specific features or areas of the respective portions of the Site. Those additional terms supplement these Terms with respect to your use of those features or areas and shall be applicable with priority against any provisions to the contrary provided herein.
These Terms may change over time, so whenever you visit or use this Site, you agree to the version of these Terms then posted. If you don't agree to these Terms, don't use, or otherwise access, the Site and if you have accessed the Site by accident or before reading these Terms which you refuse, you are obliged to leave the Site.
You have our permission to use the Site, but only if:
You are solely responsible for any User Content you post to the Site, and the consequences of posting or publishing it. By "User Content", we mean any Content a user posts to the Site, including comments or posts made via third party services. "Content" means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say "post", we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Site.Restrictions on User Content and Your Conduct
You may not post any User Content in violation of the provisions of these Terms. We have the sole right, but not the obligation, to delete or edit at any time any User Content that violates these rules or that we believe to be inappropriate for any reason and we are not obliged to disclose the grounds on which we deleted or edited such User Content.
You agree not to:
Without affecting any other remedies available to us, Mapsted may permanently or temporarily terminate or suspend your access to and use of the Site without notice or liability if Mapsted (in its sole discretion) determines that you have violated the provisions of these Terms.Third Party Social Networks and Platforms
The Site may include features that operate in conjunction with certain third party social networking websites ("Social Network Sites") that you visit such as Facebook™, Instagram™, LinkedIn™, YouTube™, Vimeo®, Twitter™ and Disqus™ (https://disqus.com/) ("Social Network Features").
Mapsted has the absolute right, at its sole discretion, to remove any posts, comments, likes, tags or other removable data submitted, sent, posted or otherwise triggered by you on Mapsted’s accounts or pages published on the Social Network Sites.
Mapsted does not guarantee that Mapsted will maintain such Social Network Feature and it may disable them without any notice, at its sole discretion, without any liability to any party, including you.
You represent and warrant that any User Content you post on the Site is either owned by you or you have the absolute and unrestricted right to post such User Content on the Site. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Site without requiring that any such use be subject to additional consents, obligations or terms.
If you do not have the above rights regarding such User Content, do not post the respective User Content. By posting your User Content, you transfer all and any ownership rights of such User Content to us.
Thus, we have the absolute right to use, share, reproduce, distribute, prepare derivative works of, and publicly display and perform your User Content in connection with the Site and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed.
You may create an account by providing the relevant details required by Site (an "Account").
Users who have created an Account are able access their Account through the "Login" button in the navigation bar of the Site or through other similar methods as we may facilitate them from time to time.
By creating an Account, you agree:
If you have previously had your access to or use of the Account terminated by us, you may not access or use the Account under any circumstances. You should never share your Account information with third parties or allow third parties to use your Account. Please keep your password confidential and be sure to exit from your Account at the end of each session.
You are responsible for all of the activity on your Account, including the use of your Account by other third parties who you may or may not authorize to use your Account. If you allow others to access your Account in violation of these Terms, you agree to be responsible for ensuring that they comply with these Terms.
You must notify us immediately of any breach of security or unauthorized use of your Account by sending an e-mail to our e-mail address mentioned under the below "How to Communicate with Us" section. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your Account. Mapsted will not be liable for any losses caused by any unauthorized use of your Account.
By providing Mapsted your e-mail address, you consent to our using the e-mail address to send you notices, including any notices required by law, in lieu of communication by postal mail. We may also use your e-mail address to send you other messages.
We generally do not monitor or review any User Content.
We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in User Content.
User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any User Content.
You may be offended by User Content that you see on the Site. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, as further set forth below, you acknowledge and agree not to hold us responsible in any way for your use of our Site, including your exposure to User Content.
In addition, we are not a content-archiving service. We do not promise to store or make available on our Site any User Content that you post, or any other Content, for any length of time. Thus, you acknowledge and agree that your User Content may be deleted or lost from our Site at any time.
For avoidance of doubt, we are not responsible for any User Content in the form of enquiries, questions or queries sent, written or posted by you to us, a third party service provider or another user, through any means of communication, including through website portals or chats ("User Enquiries").
Although we will try to answer such User Enquiries, we are not obliged under any circumstances to answer, answer in a timely manner or provide any information following such User Enquiries.
Following such User Enquiries, you expressly consent that we may or may not contact you through the provided means of contact, if any, in order to address such User Enquiries, related aspects or other subject matters.
The Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws and Mapsted and its suppliers retain all rights, titles and interests (including all copyrights, trade secrets, patents and other rights) in and to the Site and Content, including any downloadable documents or materials, such as, but not limited to, pdfs, which is included in the Site, including any User Content posted on the Site.
If you give feedback regarding the Site, for example recommendations for improvements or features or other ideas, you transfer any and all ownership and proprietary rights over such feedback, recommendations for improvements or features or other ideas that you may provide to us.
We have the right, but not limited to, use the feedback in any way and implementation of that feedback is owned by us and may become part of the Site without compensation to you.
We reserve all rights regarding the Site unless we expressly state otherwise. We also reserve the right in our absolute discretion to make changes or updates to the Site or Content provided on or through the Site at any time without notice and we will own any such changes or updates, including regarding any User Content.
You may not: (i) decompile, reverse engineer or disassemble any object code which is part of or made available through the Site into a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance; (ii) copy, frameset, enclose or otherwise sell, distribute, transmit or broadcast any part of the Site; (iii) modify or create any derivative work of any part of the Site; (iv) disable, interfere, or try to get around any of the features of the Site related to security, preventing or restricting use or copying of any Content, or enforcing the limits on the use of the Site or the Content on the Site; or (v) use, export or re-export any Content or any copy or adaptation of such Content in violation of any applicable laws or regulations, including, without limitation, Canadian regulations.
All brand, product and service images, logos and names used on or in relation to the Site that identify Mapsted, our suppliers or our customers and our or their proprietary products and services are the trademarks or service marks of Mapsted, our suppliers or our customers. Nothing in this Site shall be deemed to confer on any person any license or right on the part of Mapsted or such supplier with respect to any such image, logo or name.
Please do not use the Site in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Site or any features on the Site (including any technological measures we employ to enforce these Terms).
If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down your User Content, terminate your Account (if any and if the case), prohibit you from using the Site, and take appropriate legal actions.
Using our Site does not give you ownership of any intellectual property rights to the Content you access. You may not use Content from our Site unless you obtain permission from us.
When you use the Site or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirements that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, or otherwise providing us with your email address, you are agreeing that we or our agents may contact you at that email address.
We comply with any intellectual property rights of other third parties.
You may not use our Site to infringe anyone else's copyrights or other intellectual property rights.
If we find out that you are infringing any such rights, we may remove your User Content. We do not have to give you notice that we are removing your User Content.
In addition to our other rights and remedies, we may also terminate your Account in our absolute discretion.
If you believe that something on our Site violates your copyright, notify us on our e-mail address: email@example.com.
Your notice must include the following: (i) your physical or electronic signature; (ii) a description of the copyrighted work that you believe is being infringed; (iii) a description of the item on our Site that you think is infringing your work and sufficient information about where the material is located on our Site (including the URL) so that we can find it; (iv) a way to contact you, such as your address, telephone number, or e-mail; (v) a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or any law applicable to our Site; and (vi) a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
You acknowledge and agree that we may not take action unless you give us all the required information described above.
If you have anything else to communicate with us (like feedback, comments, or requests for technical support), you should contact us at firstname.lastname@example.org.Site Availability and Updates
You acknowledge and agree that temporary interruptions in the availability of the Site may occur from time to time as normal events.
Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason, in our absolute discretion. We are not obliged to inform you regarding the grounds on which such cease is occurring.
You acknowledge and agree that the Content on the Site, including, but not limited to, the online maps, may not always be updated.
Under no circumstances will Mapsted or its suppliers be held liable for any damages due to such interruptions or lack of availability or updates.
Our Site may contain links to other websites that we do not own or control.
We are not responsible under any circumstances for any of these other websites.
You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else.
You may be exposed to things on other websites that you do not like or that you find offensive. We are not responsible for this, either.
We recommend you read the terms and conditions and privacy policies of these other websites, if any.
USE OF THE SITE IS AT YOUR OWN RISK. THE SITE (INCLUDING OUR CONTENT) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MAPSTED AND ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MAPSTED AND ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT MAPSTED WILL FIX ANY ERRORS; OR (iii) ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE.
ANY MATERIALS OBTAINED THROUGH USE OF THE SITE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND MAPSTED SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SITE OR ANY CONTENT OBTAINED FROM THE SITE.
THE PROVISIONS OF THIS SECTION ARE APPLICABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, MAPSTED AND ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR ANY CONTENT PROVIDED BY OR THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES AND LIABILITIES ARISING FROM: (I) YOUR USE OR INABILITY TO USE OUR SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (III) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE.Indemnity
You agree to indemnify, defend (if we so request) and hold harmless Mapsted and its affiliates, suppliers, partners and agents, either if you are acting in the name and on behalf of a company or yourself, from and against any claim, suit, action, demand, losses, damages or expenses (including reasonable attorney's fees) arising from your User Content, your use of the Site, your connection to the Site, your violation of these Terms or your violation of any rights of any third party. Your indemnification obligation will survive the termination of these Terms and your use of the Site, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.Termination and Suspension
We may terminate or suspend your permission to access and use the Site immediately and without notice upon any violation of these Terms, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. Upon any termination we may delete your User Content and we may bar you from further use of the Site. You understand that we may also continue to make your User Content available on the Site even if your use of the Site is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your User Content or access to the Site.Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of Ontario, Canada, without giving effect to any conflict of law principles.General Terms
If a court having proper authority decides that any portion of these Terms is invalid, only the part that is invalid will not apply. The rest of these Terms will still be in effect.
If we waive any of our rights under these Terms in any particular instance, it does not mean that we are waiving our rights generally or in the future. Furthermore, just because we may not enforce all our rights all of the time, it does not mean that we are waiving our rights. We may decide to enforce them at a later date.
These Terms, and any rights granted under these Terms, may not be transferred or assigned by you except as expressly set forth herein, but may be assigned by us without restriction.
We would not be liable to you for any delay or failure to perform any obligation we have under these Terms if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.