Mapsted Website Terms of Site

Effective day 13 August 2019

 

Acceptance of Terms

This Website Terms of Site ("Terms") refers to Mapsted's websites including, but not limited to, www.mapsted.com, www.mall-map.com, any webpages they are comprised of and any successor URLs, mobile or localized versions and related sub-domains, in whatever format they may be offered now or in the future ("Site") owned and maintained by Mapsted Corp. and its affiliates and subsidiaries ("Mapsted" or "us" or "we").

Through the Site, we may provide you (hereinafter referred to as "you" or "your") with general information regarding our company, products and services and also may provide you with any or part of such products and services, as the case may be.

By using or accessing any part of the Site, you are agreeing to these Terms, our Privacy Policy and all other policies or notices posted by us on our Site. Portions of the Site may be accompanied by additional terms which apply to specific features or areas of the Site.

Those additional terms supplement these Terms with respect to your use of those features or areas.

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 do not agree to these Terms, do not use the Site.

 

User Content

You are solely responsible for any User Content (as defined below) you post on the Site, and the consequences of posting or publishing it.

By "user", we refer to you and any other individual or company visiting, accessing and using the services of our Site and in relation to which such Terms are binding and enforceable.

By "User Content", we refer to any Content a user posts to the Site, including, but not limited to, comments, Account credentials, floorplans and building data, user contact information, user title, user enquiries and questions, queries, or posts made directly on the Site or via third party services.

"Content" means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials, including, but not limited to, floorplans or building data under any digital format.

"Post" includes, but it is not limited to, any 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:

a)               probe, scan, or test the vulnerability of any system or network used with the Site;

b)               tamper with, reverse engineer or hack the Site, circumvent any security or authentication measures of the Site or attempt to gain unauthorized access to the Site (or any portion thereof) or related systems, networks or data;

c)               modify or disable the Site or use the Site in any manner that interferes with or disrupts the integrity or performance of the Site or related systems, network or data;

d)               access or search the Site by any means other than our publicly supported interfaces, or copy, distribute, or disclose any part of the Site in any medium, including without limitation by any automated or non-automated "scraping";

e)               overwhelm or attempt to overwhelm our infrastructure by imposing an unreasonably large load on the Site that consume extraordinary resources, such as by: (i) using "robots, " "spiders, " "offline readers" or other automated systems to send more request messages to our servers than a human could reasonably send in the same period of time using a normal browser; or (ii) going far beyond the use parameters for the Site as described in its corresponding documentation;

f)                solicit any users of our Site for commercial purposes;

g)               use the Site to generate or send unsolicited communications, advertising or spam, or otherwise cause Mapsted to become impaired in its ability to send communications on its own or on its customers' behalf (e.g., by causing Mapsted to become registered on any email DNS blacklist or otherwise be denied services by any other third party communications service provider);

h)               misrepresent yourself or disguise the origin of any data, content or other information you submit (including by "spoofing", "phishing", manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Mapsted or any third party) or access the Site via another user's Account, if applicable, without their permission;

i)                 use the Site for any illegal purpose or in violation of any laws (including without limitation data, privacy and export control laws);

j)                 use the Site to violate the privacy of others, or to collect or gather other users' personal information (including Account information, if applicable) from our Site;

k)               use the Site to stalk, harass, bully or post threats of violence against others;

l)                 submit (or post, upload, share or otherwise provide) data, content or other information that (i) infringes Mapsted's or a third party's intellectual property, privacy or other rights or that you don't have the right to submit (including confidential or personal information you are not authorized to disclose); (ii) that is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, religiously, racially or ethnically offensive, that encourages illegal or tortious conduct or that is otherwise inappropriate in Mapsted's discretion; (iii) contains viruses, bots, worms, scripting exploits or other similar materials; or (iv) that could otherwise cause damage to Mapsted or any third party;

m)            promote or advertise products or services other than your own without appropriate authorization;

n)               send, submit or otherwise upload any Content, including, but not limited to, any file, document, floorplans or building data under any digital format without having appropriate authorization;

o)               use meta tags or any other "hidden text" including Mapsted's or our suppliers' product names or trademarks; or

p)               permit or encourage anyone else to commit any of the actions above.

Without affecting any other remedies available to us, Mapsted may permanently or temporarily terminate or suspend your access to 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").

While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking sites and the services provided through the Site is governed by the terms of service and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements, such as, but not limited to, terms and conditions, terms of use, privacy policies or other applicable documents.

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 the Services 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.

 

Intellectual Property Rights in User Content

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 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, with the exception of floorplans in any digital format.

Regarding the User Content that it is comprised of floorplans, you grant us a worldwide, non-exclusive, royalty-free, fully-paid, sublicenseable and transferable license to use, host, store, reproduce, modify, distribute, prepare derivative works of (such as, but not limited to, those resulting from translations, adaptations or other changes we make so that your Content works better with our services), and communicate, publish, publicly perform, publicly display such floorplans in connection with our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed.

The rights you grant in the above license are for the limited purpose of operating, promoting, and improving our services, and to develop new ones. This license continues even if you stop using our services.

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.

 

User Content You Post Becomes Public

You understand and acknowledge that once you post your User Content, your User Content becomes public.

You represent and warrant you are not bound by any confidentiality restrictions regarding such User Content.

If you do not want the world to see your User Content, do not post it on the Site.

In addition, as provided above and detailed herein, we have the right, in our absolute discretion, to share your User Content with any third parties including, but not limited to, if such access, use, preservation or disclosure by third parties of your User Content is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Mapsted, its users or the public as required or permitted by law.

 

Your Account

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:

a)               that you are able to and have the appropriate authority and authorization to create such Account on behalf of yourself or the company you represent (if the case);

b)               provide true, accurate, current and complete information about yourself when we request it;

c)               maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Site permit such updates; and

d)               use limited-access portions of the Site only using access credentials that we have issued to you.

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.

You may terminate your Account at any time by following the corresponding steps shown to you on the Site, when accessing your Account. Our rights under these Terms of Use will expressly survive termination of the Account, the cessation of your use of or access to the Site.

 

We Are Not Responsible for User Content

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.

 

User Enquiries

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.

Proprietary Rights

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.

 

Your Use of the Site

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.

 

Enforcement of Copyrights

We comply with any intellectual property rights of other third parties.

You may not use our Site to infringe anyone else's copyright or other intellectual property right.

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.

 

Notify Us of Infringers

If you believe that something on our Site violates your copyright, notify us on our e-mail address: info@mapsted.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.

 

How to Communicate with Us

If you have anything else to communicate with us (like feedback, comments, or requests for technical support), you should contact us at info@mapsted.com.

 

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.

 

Links to Other Sites

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.

 

Warranty Disclaimer

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.

 

Limitation of Liability

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 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 Canada, without giving effect to any conflict of law principles.

 

General Terms

These Terms, together with our Privacy Policy and any other notices or policies we have published on the Site (and additional terms for specific features or areas, as applicable), constitute the entire agreement between you and us regarding this Site.

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.