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Terms and Conditions

Last modified on November 15, 2021

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.

  • Country refers to United Kingdom

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to

Mapilio

73 High Street, Andover,

United Kingdom, SP10 1LP

  • Device means any gadget that can access the Service such as a computer, a smartphone or a digital tablet.

  • Service refers to the Website.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Mapilio.com, accessible from https://mapilio.com

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User Accounts and Account Security

You will need to register for an account to access some of the Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You may not permit others to access your account. You also must maintain the security of your account and promptly notify us if you notice or suspect that someone other than you has accessed your account without your permission. You are responsible for any activities on your account unless unauthorized access is obtained solely because of a failure of our security measures. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claims, including trademark rights, in those usernames.

User Content

a) Some of the services allow you and other users to create, post, store and share content, including images and image sequences, location and route information, videos, comments, messages, text, photos, videos, software, edits, poll responses, posts, votes, ratings, rankings, signals, and other materials (collectively, “User Content“). Except for the license you grant below, you do NOT retain all rights in and to your User Content, as between You and Mapilio.

b) Without limiting your rights and our obligations under data protection law, you grant service provider a nonexclusive, royalty-free, irrevocable, worldwide, fully paid, transferable and sublicensable license to use, reproduce, publish, create derivative works from, distribute, publicly perform and display your User Content, for the term of its protection by intellectual property rights, and any name, username or likeness provided in connection with your User Content, for a period of ninety-nine (99) years, in each case in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through the Mapilio Services, you understand that your User Content and any associated information (such as your username, profile photo, and bio) may be visible to others. To the extent possible under applicable law, you waive any moral, neighboring or other rights you may have (including rights in the nature of attribution, integrity, privacy, paternity, and rights to object to derogatory treatment) in your User Content that would otherwise preclude us from exercising our rights under the license granted by you in this section.

c) You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to post, screen, edit or monitor User Content, if we reasonably believe any User Content is in breach of these Terms, we may remove or refuse to display such User Content. We will attempt to notify you of the reason for our action unless we reasonably believe that notice would: (i) violate the law; (ii) pose a risk of liability for us or our affiliates; (iii) hinder an investigation; (iv) pose a risk to the operation of the Mapilio Services; or (v) harm any user or other party.

Prohibited Conduct and Content

a) You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Mapilio Services. You will not:

  • Use any Mapilio Services with any products, systems, or applications for or in connection with real-time navigation or route guidance, such as to turn-by-turn route guidance that is synchronized to the position of a sensor-enabled device, or any systems or functions for automatic or autonomous control of vehicle or device behavior;
  • Make any attempt to re-identify or unblur any aspect of any User Content or other Mapilio Services content or data (collectively, “Content”), including any individual or license plate.
  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct
  • Use or attempt to use another user’s account;
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Sell or resell the Mapilio Services (unless permitted under separate writing between you and Mapilio);
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of the Mapilio Services, except as expressly permitted by us or our licensors;
  • Modify the Mapilio Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon the Mapilio Services;
  • Attempt to probe, scan, or test the vulnerability of the Mapilio Services;
  • Use the Mapilio Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Mapilio Services or that could damage, disable, overburden or impair the functioning of the Mapilio Services in any manner;
  • Reverse engineer any aspect of the Mapilio Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Mapilio Services (except to the extent these prohibitions violate applicable law);
  • Use any data mining, robots or similar data gathering or extraction methods not approved by Mapilio designed to scrape or extract data from the Mapilio Services;
  • Access or search or attempt to access or search the Mapilio Services by any means (automated or otherwise) other than in a manner consistent with these Terms and through the currently available, published interfaces that we provide (unless otherwise expressly authorized in a separate writing);
  • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Bypass or ignore instructions contained in our robots.txt file;
  • Use the Mapilio Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

b) Subject to the prohibitions listed above, if you use the Mapilio Services while operating a vehicle you must drive in a careful and responsible way, and always follow any applicable traffic laws. Driving can be dangerous, and use of the Mapilio Services while driving is entirely at your own risk.

c) You may not create, post, store or share any User Content that is confidential, violates these Terms, or for which you do not have all the rights necessary to grant us and users the license. You may not create, post, store or share any User Content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, hateful, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
  • Captures images of individuals where they would have a reasonable expectation of privacy, including images of individuals in or around private property, private roads or sensitive areas, such as schools, health care facilities, or places of religious worship;
  • Results in images of children being available on the Mapilio Services;
  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability, or violate any local, state, national or international law;
  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • Contains any unsolicited promotions, political campaigning, advertising or solicitations;
  • Contains any private or personal information of a third party without such third party’s consent;
  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content;
  • Is, in our reasonable judgment, objectionable, restricts or inhibits any other person from using or enjoying the Mapilio Services, or may expose Mapilio or others to any harm or liability of any type.

d) Failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition does not create any private right of action on the part of any third party or any reasonable expectation that the Mapilio Services will not contain any content that is prohibited by such rules.

Warranty

Mapilio provides the Mapilio Services using reasonable skill and care. If we do not meet the quality level described in this warranty, you agree to inform us and we will work with you to try to resolve the issue.

Disclaimers

Mapilio does not make any commitments about the Content, the specific functions of the Mapilio Services or their reliability, availability or ability to meet your needs. In addition, unless required by law, we don’t provide implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Transfer and Processing Data

In order for us to provide the Mapilio Services, you agree that we may process, transfer and store information about you in Turkey, the United States and other countries, where you may not have the same rights and protections as you do under local law.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: info@mapilio.com

How can you contact us about this notice?

If you have any questions or concerns about the privacy policy please contact us.

info@mapilio.com
73 High Street Andover SP10 1LP
United Kingdom

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