Terms and Conditions

Please read these terms of use carefully before using this website.

Welcome to the MapJam website ("Site"). MapJam, wholly owned and operated by MapJam, Inc., maintains this Site to provide general information to our visitors. All use of this Site is subject to the following terms and conditions ("Terms of Use"). By accessing and browsing this Site, you agree to be bound by these Terms of Use.

Features Subject to Separate Terms

Some of the features offered through MapJam are provided by third party service providers and may be subject to terms of use, rules and policies in addition to or in lieu of these Terms of Use. If you choose to use those features, you agree that your use of those features will be subject to such additional or separate terms of use, rules and/or policies, as applicable.

Copyright

This Site, including all text, images, software and other content contained herein, is the property of MapJam or its suppliers and is protected by international copyright laws. The compilation and arrangement of all content on this Site is the exclusive property of MapJam and is protected by international copyright laws. All rights reserved.

Trademarks

All MapJam marks, graphics, logos, designs and trade names used and displayed on this Site have been licensed for the sole and exclusive use of MapJam. The "look and feel" of this Site constitutes proprietary trade dress of MapJam. All other trademarks that appear on this Site are the property of their respective owners. You may not use any such marks for any purpose whatsoever without the express prior written permission of the owner.

Use of Site; Restrictions

You may view and print material displayed on this Site subject to the following conditions: (a) the materials may be used solely for your own, personal information and reasonable commercial use; and (b) you must retain without modification all copyright, trademark and other proprietary notices affixed to or contained in the materials you print and all copies thereof. You may not copy or otherwise use this Site or any portion hereof, except as expressly provided above. Except for general sharing to sites such as Facebook, Twitter, Pinterest, and similar sites, you may not reproduce, download, republish, frame, transmit, distribute, sell, license, modify, alter, reverse engineer or prepare derivative works from this Site or any portion hereof, except with the express prior written permission of MapJam. Use of spiders, data mining tools, robots and similar data gathering and extraction tools is expressly prohibited, except by publicly available Internet search engine portals solely for purposes of indexing this Site. In the event you link to this Site, you agree to remove any such links to this Site (or any portion hereof) to which MapJam objects promptly upon request. Nothing contained in this Site shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other proprietary interest of MapJam or any third party. Any rights not expressly granted herein are reserved.

User Postings

To the extent that portions of this Site provide users and businesses an opportunity to post and/or exchange information, ideas, opinions, photographs, images, video, creative works, messages or any other material (individually and collectively, "Postings"), please be advised that Postings do not necessarily reflect the views of MapJam. In no event shall MapJam assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site.

Responsibility for Postings lies with each user

You alone are responsible for the content of your Postings and the consequences of any such Postings. By submitting a Posting, you represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious or otherwise unlawful information. If your Posting incorporates the name, voice, likeness and/or image of any individual and/or any third party-owned content, including but not limited to text, graphics, software, music, sound, photographs, videos, messages, posts, data, information or other material, you represent and warrant that you have the right to grant MapJam and other users permission to use such name, voice, likeness and/or image of such individual and/or such third party-owned content appearing in the Posting in all media throughout the world in perpetuity.

By submitting a Posting, you hereby authorize MapJam and other users a non-exclusive, royalty-free, non-terminable license right to use, reproduce, modify and distribute your Postings, in whole or in part, throughout the world in perpetuity in any and all media, now known or hereafter devised, either alone or together or as part of other material of any kind or nature. Without limiting the foregoing, MapJam will have the right to use, copy, display, perform, distribute, adapt, modify and re-format the Postings in any manner that MapJam may determine in its sole discretion. You further agree that MapJam may identify you as the author of any of your Postings by name, email address or screen name as MapJam sees appropriate.

MapJam reserves the right (but is under no obligation) to monitor and screen Postings periodically in its sole discretion. MapJam also reserves the right to edit, refuse to post, remove or block access to any Postings, including but not limited to any Postings that violate these Terms of Use or that are otherwise objectionable as determined by MapJam in its sole discretion, but MapJam is not responsible for any failure or delay in removing or blocking access to any such Postings. That said, MapJam is most often a passive conduit of the information that you and other users submit.

Without limiting the foregoing, you expressly acknowledge and agree that MapJam may preserve Postings and may also disclose Postings if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Postings violate the rights of third parties; or (d) protect the rights, property or personal safety of MapJam, its affiliates, suppliers, users or the public.

Your Responsibilities

You may use this Site only for lawful purposes and solely in accordance with these Terms of Use and any other specific terms of use, rules or policies, whether provided by MapJam or a third party, that may be applicable to any particular portion of this Site. You may not submit or transmit through this Site any material, or otherwise engage in any conduct, that:

For purposes of clarity, "masked" vulgarity, obscenity or profanity (e.g., "f*cK") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your Posting or otherwise on MapJam. MapJam reserves the right to delete any such material from this Site.

You may not use this Site in any manner that could damage, disable, disrupt, overburden, impair or otherwise interfere with this Site or any servers or networks connected to this Site, or otherwise interferes with the use or enjoyment of this Site by others. You may not attempt to gain unauthorized access to this Site, other user accounts or any computer systems or networks connected to this Site or any MapJam server, through hacking, password mining or any other means. You may not use any automated means, such as scripts or other automated entry methods to create multiple URLs. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

MapJam will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate these Terms of Use, including as enumerated above in this section on "Your Responsibilities."

No Spam

Users are prohibited from using this Site and its URLs for unsolicited marketing where the receiver has no option to opt out of future communication, such as in chain letters, junk mail, spamming, or unauthorized commercial activities of any kind. You may not harvest information about other users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. We may terminate your access to or use of this Site immediately and take any other legal action if you, or anyone using your account, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our systems or communications networks.

Content Contributed to this Site by Third Parties

Although MapJam may from time to time periodically monitor the content posted on this Site, we are under no obligation to do so. You acknowledge that MapJam does not represent or endorse the accuracy or reliability of any Posting, advice, opinion, statement, suggestion or other information offered by third parties that is displayed or distributed throughout this Site. Discussion group moderators, bloggers, and other forum leaders, guides and hosts are not authorized MapJam spokespersons, and their views do not necessarily reflect those of MapJam. MapJam cannot and shall not be responsible for the views or opinions expressed by any third parties. Any Posting, advice, opinions, statements, suggestions, services, offers or other information or content presented or disseminated by third parties via this Site are those of their respective authors who are solely liable for their content. Your reliance upon any such Posting, advice, opinion, statement, suggestion or information shall be at your sole risk.

Community Guidelines

MapJam is committed to creating a respectful online sites dedicated to providing useful map based information. MapJam relies on its users to help maintain the integrity of the Site and the information provided to our users, by not posting, exchanging or disseminating through the Site any "Adult" content. Adult content includes without limitation depictions of the naked body, including individuals in sexual postures or activities and sexual engagements between or among individuals. In the event MapJam becomes aware of any Adult content on the Site, it may, at its own discretion, remove such content with or without notice to the user.

MapJam also encourages its registered members to communicate with each other and provide each other with mutually beneficial information. That said, you should use appropriate caution when contacted by other users to meet in person or travel together, or follow information provided by another user, and should refrain from meeting people you don't know alone or in private, dark, remote or secluded places. MapJam does not screen its users, and in the event you should decide to meet another user in person, you do so AT YOUR OWN RISK.

Indemnification

You agree to indemnify, defend and hold harmless MapJam, its affiliates and their respective directors, officers, employees and agents, licensors, representatives and third party providers to this Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you, including but not limited to any breach or alleged breach of any of your representations, warranties or undertakings hereunder. MapJam reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with MapJam in asserting any available defenses.

Notice and Procedure for Making Claims of Infringement

MapJam respects the intellectual property of others, and we ask our users to do the same. If you believe your copyrighted materials have been copied in a way that constitutes copyright infringement, please follow our Procedure for Making Claims of Copyright Infringement, which includes instructions on how to contact us to report possible copyright infringement by our users. ALL INQUIRIES NOT RELATING TO SUCH A CLAIM WILL NOT RECEIVE A RESPONSE.

No Rendering of Advice

The information contained in or made available through this Site is provided for informational purposes only and should not be construed as rendering consulting, design, architectural, engineering, legal or other professional advice of any kind. Your use of this Site does not give rise to a client, advisory, fiduciary or professional services relationship between you and MapJam.

Accuracy of Information

While MapJam uses reasonable efforts to furnish accurate and up-to-date information, MapJam does not warrant that any information contained in or made available through this Site (including, without limitation, any information provided directly by representatives of MapJam, whether through newsletters, blogs, message boards or otherwise) is accurate, complete, reliable, current or error-free. MapJam assumes no liability or responsibility for any errors or omissions in the content of this Site or such other materials or communications.

Disclaimer of Warranties and Limitations of Liability

THIS SITE IS PROVIDED BY MapJam ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MapJam AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MapJam AND ITS AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OR AVAILABILITY OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THIS SITE. MapJam DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MapJam AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, DATA OR USE), EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY PORTION HEREOF, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

Links to Third Party Websites

For your convenience, this Site may provide hyperlinks to websites, servers and other resources maintained by third parties over which MapJam does not have control, including, without limitation, message boards and/or links to Web sites or pages that are framed within this Site. Even if such materials are framed within this Site and appear to be a part of this Site, MapJam does not evaluate, endorse or guarantee content found in such sites. MapJam does not assume any responsibility or liability for the actions, products, services or content of these sites or the parties that operate them. You should carefully review their privacy statements and other conditions of use. Your use of these sites is entirely at your own risk.

Feedback and Other Submissions

All comments, feedback, suggestions, ideas and similar submissions furnished to MapJam in connection with your use of this Site shall be deemed assigned to and shall remain the exclusive property of MapJam. No such submissions shall be subject to any obligation of confidence on the part of MapJam, and MapJam shall be entitled to unrestricted use and disclosure of such submissions throughout the world for any purpose whatsoever, commercial or otherwise, without any obligation to compensate you for such use or disclosure. You represent that you have the lawful right to furnish such submissions to MapJam and agree that you will not submit any information unless you are legally entitled to do so.

Termination or Suspension of Access; Modifications to Site

MapJam reserves the right to terminate, suspend or otherwise restrict your access to this Site, or any portion hereof, with or without notice at any time for any reason whatsoever including, but not limited to, your violation of these Terms of Use or any inappropriate or unlawful behavior on your part. In addition, MapJam reserves the right to modify or discontinue this Site or any portion hereof at any time with or without notice. MapJam shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance.

Dispute Resolution

Any controversy or claim arising out of or relating to these Terms of Use or breach hereof, or otherwise relating to this Site (with the exception of injunctive relief sought by MapJam for any violation of MapJam's proprietary rights), shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its then-current rules. The arbitration shall be decided by one (1) arbitrator, who shall be an attorney having experience and familiarity with information technology disputes. The language of the arbitration shall be English. The location of arbitration shall be California, USA. The arbitrator may award to the prevailing party, if any, as determined by the arbitrator, its costs and expenses, including attorney's fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. To the fullest extent permitted by applicable law, no such arbitration shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Each party hereby waives its right to a trial by jury for any disputes between the parties.

Applicable Laws; Exclusive Jurisdiction

MapJam maintains this Site in the USA. MapJam makes no representation that this Site or any content on or accessed through this Site is appropriate or available for use in other jurisdictions. You are responsible for compliance with all local laws and regulations, as applicable. Use of this Site and any dispute arising therefrom shall be governed by the laws of the State of California, USA, without regard to principles of conflict of laws. SUBJECT TO THE DISPUTE RESOLUTION PROCEDURES SET FORTH ABOVE, ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR ACCESS TO OR USE OF THIS SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN NEW YORK COUNTY OF THE STATE OF NEW YORK AND YOU EXPRESSLY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.

Modifications

MapJam reserves the right to modify these Terms of Use at any time upon posting. By continuing to use this Site after any changes are posted, you are signifying your acceptance of the revised terms and conditions, regardless of whether you have reviewed them. Please visit this page regularly to review the then-current Terms of Use to which you are bound.

Privacy

Please review our privacy policy, which also governs your visit to this Site and is incorporated herein by reference, to understand our practices.

Entire Agreement

These Terms of Use, together with the MapJam privacy policy, constitutes the entire agreement between you and MapJam governing your use of this Site and supersedes any prior agreements between you and MapJam with respect to the subject matter hereof. Notwithstanding the foregoing, as stated above, you also may be subject to additional or separate terms of use, rules and/or policies that may apply when you use certain features made available through this Site.

Miscellaneous

If there is a determination that any provision of these Terms of Use is invalid or unenforceable under applicable law, that determination will not affect the rest of these Terms of Use, and these Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable. The failure of MapJam to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Regardless of any statute or law to the contrary, any claim or cause of action against MapJam arising out of or related to use of this Site or under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Consent to Electronic Delivery of Notices

When you visit MapJam or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, including without limitation by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive notices electronically, you must notify us of your withdrawal of such consent and discontinue your use of this Site.

Contact Information

If you have any questions regarding this Site, please contact MapJam at services@mapjam.com and include the following statement in the subject line: "MapJam Terms of Use Question".

Procedure for making claims of copyright infringement

All notifications of claimed copyright infringement on this Site should be sent ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING MapJam THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED BY OUR USERS. Do not send any inquiries unrelated to copyright infringement (e.g., requests for technical assistance or customer service) to the contact listed below. You will not receive a response if sent to that contact.

Written notification must be submitted to the following Designated Agent, preferably by email:

Service Provider(s): MapJam, Inc..

Name of Agent Designated to Receive Notification of Claimed Infringement: Jack Gonzalez

Full Address of Designated Agent to Which Notification Should be Sent: MapJam, Inc., 1355 Market Street, Suite 488, San Francisco, CA 94103

E-mail Address of Designated Agent: services@mapjam.com

The Notification of Claimed Infringement must include the following:

  1. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
  2. Identification of the copyrighted work (or works) that you claim has been infringed;
  3. A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied; etc.);
  4. A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
  5. Your address, telephone number and e-mail address;
  6. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

This Terms of Use document was last updated: January 18th, 2014