By downloading or installing the the Mapsted Corp. (“Mapsted”, “We”) Mobile Software Application (the “App”), you affirmatively consent to installation and agree to the following terms and conditions of use (the “Terms”). If you do not consent and agree, do not download, install, nor use the App.
All trademarks, copyright, patent, database rights, and any other intellectual property rights contained within the App, together with the underlying software code, are owned either directly by Mapsted or by our licensors. We grant you a worldwide, non-exclusive, royalty-free, revocable license to use the App for your personal and non-commercial use in accordance with these Terms.
You agree not to, nor will you allow any third party on your behalf to, (i) make or distribute copies of the App, (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App, (iii) create derivative works of the App, or (iv) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App.
You agree to use the App only in compliance with all Applicable Laws and these Terms.
In particular, but without limitation, you agree not to:
(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity, including (without limitation) copyright infringement; or
(b) Attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; or
(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App.
Mapsted will use reasonable efforts to make the App available at all times, but factors outside our reasonable control may affect availability, such as availability of the internet and mobile networks. We are not responsible for unavailability of the App, or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.
We require that you enter and/ or permit access to certain device location information to use the App. Any personal information you provide will only be used by Mapsted to enable you to access and use the App.
We may terminate your use of the App, or suspend access to the App, at any time, with or without notice. You may terminate your use of this App and these Terms by deleting the App and all copies from your mobile device. Upon termination, you must stop all use of the App and the license granted to you under these Terms ends. Termination does not limit any Mapsted rights or remedies at law or in equity.
You agree to indemnify, defend, release, and hold harmless Mapsted, its officers, directors, employees, agents, partners, affiliates, and contractors from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of the App, (c) any breach of these Terms by you, and/or (d) your violation of any law or of any rights of any third party.
The App is provided “AS IS”, and you consent to using the App at your own risk, without any kind of warranty. To the maximum extent permitted by law, Mapsted disclaims all implied warranties with regard to the App. We are not liable for any errors, delays, inaccuracies, omissions, loss or corruption of any data, or infringements related to use of the App or any sites that are linked to, or referred to by, the App, or for any damage or alteration to your equipment including, but not limited to, any handheld or mobile device as a result of the installation or use of the App.
IN NO EVENT WILL MAPSTED BE LIABLE FOR ANY DAMAGES CAUSED BY, OR IN CONNECTION WITH, USE OF THE APP OR USE OF ANY SITE LINKED TO THE APP. IN NO EVENT WILL MAPSTED BE LIABLE FOR LOST PROFITS, INCIDENTAL DAMAGES, OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN APPRISED OF THE LIKELIHOOD THEREOF.
Mapsted reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately. You are responsible for regularly reviewing the Terms so that you are aware of any changes to them and you will be bound by any updated Terms upon your continued use of the App.
The Terms shall be governed by the laws of the Province of Ontario, Canada. You agree that any disputes arising under these Terms shall be adjudicated in the courts of the Province of Ontario.