Updated: August 10, 2009
Welcome to UMapper!
1. Description of the UMapper Service.
UMapper.com (the "Site") offers the first universal, Web-based, map-authoring platform. The Site is owned and operated by Crabdish, Inc. ("Crabdish"). The Site enables users to quickly find, create, edit, annotate, embed and use maps in various “map modes”, e.g. maps, geogames, itineraries, etc. The UMapper Service includes the Site, tools, syndicated applications, and application programming interfaces (or APIs) that provide a set of methods for accessing and updating annotated geographical data (the "Service").
Acceptance of Terms.
While maps and geogames may be interesting for people under 13, the Service is intended for and offered to individuals 13 years or older, or to individuals of all ages,who possess legal parental or guardian consent.
Crabdish may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.
3. Acceptance of this Agreement and Incorporation of Related Policies.
4. Your Identity and Authority.
You agree to provide current, accurate information in all electronic or hardcopy registration forms submitted in connection with the Service. You agree not to impersonate or in any way misrepresent your affiliation or authority to act on behalf of any person, company, or other entity. By subscribing to the Service or accepting these Terms, you certify that you are authorized to enter transactions on the UMapper Site and act on behalf of your employer, client, business, organization or any other legal entity with which you have contractual work obligations. You agree to cooperate with UMapper in reasonable measures to verify the identity and authority of persons using the Service.
You agree not to provide access to the Service by; (a) allowing others to use your account; (b) creating an account for someone who is not authorized to perform the role or view the information for which you have granted access; or (c) failing to revoke access for those persons who are no longer authorized to access the Service for any reason. You will immediately notify UMapper of any unauthorized access from your account or the accounts of others for which you have administrative authority, including the use of accounts, passwords, or any other breach of security. You will not solicit another party's password for any reason. You will not access someone else's account, nor disrupt, interfere, or limit the functioning of the Service, or other's enjoyment of the Service.
6. User and Content Submissions.
- (a) Fair Use and the Public Domain. The UMapper team believes in creating an environment conducive to collaboration and information sharing through the Service. Therefore, nothing in this Agreement is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
- (b) Your Copyright Ownership and License to UMapper. One of the features of UMapper is that it permits Members to populate maps with their own data, text, links, tags, feeds, graphics, photos, audio and video clips, messages, profiles, and other information content ("Content") through, for example, the "Create A Map" feature. When you post your own copyrightable Content on or through the Service, using these or other features of the Service, you retain ownership of any copyright you claim to your submitted Content. However, by posting your Content through the Service you simultaneously grant UMapper a royalty-free, perpetual, irrevocable, non-exclusive worldwide license to (i) use, reproduce, publish, edit, translate, modify, adapt, distribute, perform, and display the Content alone or as part of other works in any form, media, or technology whether now known or later developed, and to (ii) freely and fully sublicense such rights through single or multiple tiers of sublicensees.
- (c) You also expressly acknowledge and agree that UMapper shall have the right to grant a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License ("CC BY-NC-SA License"), available at http://creativecommons.org/licenses/by-nc-sa/2.5/legalcode, for all Content posted on or through the Service, including Content you post on or through the Service. In cases where UMapper licenses out Content through the CC BY-NC-SA License, you agree that any attribution required under the CC BY-NC-SA License shall be at minimum to the Service, in addition to any attribution to the individual user whose name or username is associated with the Content.
- (d) Compilations of Content Licensed Under CC BY-NC-SA License. The compilation of the Content by the Service, all data enhancements or annotations to latitude or longitude (including without limitation comments, descriptions and tags), and all derivative works, reproductions, distributions, public performances and displays, and enhancements and modifications thereof, are the exclusive property of UMapper and protected by United States and international copyright laws. For the avoidance of doubt, any Content submitted by you is owned by you, but the compilation of any such Content is owned by UMapper. UMapper makes the compilation of this data available through a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License, available at http://creativecommons.org/licenses/by-nc-sa/2.5/legalcode.
- (e) Inappropriate User-Submitted Content. UMapper prohibits certain user conduct and Content described below (see section 5) and, without obligation, will use reasonable efforts to eliminate such conduct and Content from the Service. Nevertheless, you acknowledge and agree that (i) UMapper is not and cannot be responsible for Content posted by users on the Service, (ii) you may be exposed to any such materials or Content, and (iii) you must bear all risks associated with the exposure to and/or use of any Content, including without limitation any reliance on the accuracy, completeness, or usefulness of such Content.
7. Third Party Sites.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under UMapper's control, and you acknowledge that UMapper is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by UMapper or any association with its operators. You further acknowledge and agree that UMapper shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
8. Visitor and Member Conduct.
As a condition of use, you agree to the following:
- (a) Personal Use and Commercial Use. The Site and Service are intended for personal use and commercial use. Commercial use is defined as the intent to generate revenues. Commercial use is only allowed under the terms of a commercial license. All paid products offered by UMapper automatically include a commercial license. However, the products that UMapper provides free of charge do NOT include any commercial license. In the absence of purchasing any commercial license via the purchase of a paid UMapper product or otherwise, you agree that you will not use the Service for commercial purposes. In circumstances where a business uses the Service for the sole purpose of identifying location and business hours, such use will be considered a 'personal use' in compliance with this agreement. Businesses and commercial entities are encouraged to contact us at firstname.lastname@example.org for specific commercial use and sponsorship opportunities going beyond merely identifying location and hours.
- (c) Conduct Under Your Username. You are solely and entirely responsible for all Content that you submit, post, email, display or otherwise make available via the Service, or that you allow others to submit, post, email, display or otherwise make available under your username. You understand and agree that UMapper does not control and is not responsible for Content made available through the Service, and by using the Service you may be exposed to Content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You must bear all risks associated with the exposure to and/or use of any Content, including without limitation any reliance on the accuracy, completeness, or usefulness of such Content. Under no circumstances will UMapper be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site and/or Service. UMapper shall have the right (but not the obligation) in its sole discretion to modify, refuse, delete or move any Content that is available via the Service.
- (d) Prohibited Conduct. You agree to all of the following while using the Service: You must not post, email or otherwise make publicly available Content that (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful in any way; (ii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iii) impersonates any person or entity, including, but not limited to, a UMapper employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (iv) includes personal or identifying information about another person without that person's explicit consent; (v) is false, deceptive, misleading, deceitful, misrepresentative, or constitutes "bait and switch"; (vi) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (vii) violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; or (viii) is pornographic or depicts a human being engaged in acted sexual conduct.
- - You must not post, link, or promote pornographic content including words, pictures, photos, sounds, video or text.
- - You must not send unsolicited email, junk mail, "spam", chain letters, or promotions or advertisements for products or services including, but not limited to, Content that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement or that constitutes or contains any form of advertising or solicitation if (i) posted in areas of the Site which are not designated for such purposes; (ii) emailed to UMapper users who have requested not to be contacted about other services, products or commercial interests, that includes links to commercial services or web sites, except as allowed in the Service; or (iii) that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law.
- - You must not access, tamper with, or use non-public areas of the Site, UMapper computer systems, or the technical delivery systems of UMapper's providers.
- - You must not attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures.
- - You must not forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content and/or Service to send altered, deceptive or false source-identifying information.
- - You must not attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content and/or Service.
- - You must not interfere with, or attempt to interfere with, interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment or the access of any user, host or network, including, without limitation, sending a virus or worms, overloading, flooding, spamming, or mail-bombing the Site or the Service.
- - You must not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site, unless expressly permitted by UMapper.
- - You must not post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on UMapper's infrastructure, as determined at the sole discretion of UMapper.
- - You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable Content.
- - You must not post, link, or promote pornographic content including words, pictures, photos, sounds, video or text.
9. Site Access and API Licenses.
UMapper offers various parts of the Site in GeoRSS format so that users can embed individual feeds into a personal website or blog, or view Content through third party content aggregators. UMapper permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original Content on the Site and redirects the user to the Content when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to "UMapper" as the source, (d) your use or display does not suggest that UMapper promotes or endorses any third party causes, ideas, web sites, products or services, (e) your use does not overburden UMapper's systems. UMapper reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Any UMapper commercial user will receive a UMapper API key. This key will allow the UMapper team to track usage of the API service. At this time, the API is available for commercial use only. UMapper reserves the right to throttle and limit data requests from the database at any time even with the use of the API.
If you violate any terms of this Agreement, your permission to use the Service will automatically terminate. UMapper also reserves the right to revoke your access to and use of the Service, delete or deactivate your account, or block your email or IP address at any time, with or without cause. You agree that UMapper shall not be liable to you or any third party for any termination of your access to the Service.
You can terminate your UMapper membership account at any time and for any reason. To delete your account, please send an email message to email@example.com. All provisions of this Agreement will survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. No Warranties.
YOU AGREE THAT USE OF THE SITES, CONTENT AND/OR SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SITES, CONTENT AND SERVICE ARE PROVIDED "AS-IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, UMAPPER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. UMAPPER MAKES NO WARRANTY THAT THE SITES, CONTENT AND SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. UMAPPER MAKES NO WARRANTY REGARDING THE TIMELINESS, ACCURACY, PERFORMANCE, QUALITY, TRUTH, COMPLETENESS OR RELIABILITY OF THE SITES, CONTENT AND SERVICE. UMAPPER DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITES, CONTENT OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, UMAPPER DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITES, CONTENT OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM UMAPPER OR THROUGH THE SITE, CONTENT AND/OR SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME STATES DO NOT ALLOW THE EXCLUSIONS OF WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU HEREBY RELEASE UMAPPER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO ANY DISPUTES RELATING TO THE SITES, CONTENT AND/OR SERVICE.
12. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER UMAPPER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, CONTENT, AND/OR SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE THE SITE, CONTENT, AND/OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT UMAPPER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT UMAPPER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, UMAPPER WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITES OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF UMAPPER TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITES, CONTENT AND/OR SERVICE IS LIMITED TO THE GREATER OF THE AMOUNTS YOU HAVE PAID TO UMAPPER FOR ACCESS TO AND USE OF THE SITES, CONTENT, AND/OR SERVICE, OR $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UMAPPER AND YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold UMapper, its officers, directors, employees and agents harmless from and against any claims, demands, liabilities, damages, losses, and expenses made by any third party, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to, or use of, the Site, Content, and/or Service, and/or your violation of this Agreement.
14. General Provisions.
- (b) Governing Laws. This Agreement will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts governing Arapahoe County, Colorado.
- (c) Dispute Resolution. If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.
- (d) Waiver and Severability. No term or provision of this Agreement shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent. If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
- (f) Future Changes in or Elimination of the Service. UMapper reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. You acknowledge and agree that in such instances UMapper shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- (g) Assignment. UMapper may assign this Agreement to any successor or purchaser of UMapper of all or substantially all of its assets. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of UMapper. Any such purported assignment or delegation by you without the appropriate prior written consent of UMapper shall be null and void and of no force and effect.
- (h) Headings. Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect.
- (i) Trademarks. UMapper and the UMapper logo/logotype, and any combination of the foregoing, whether integrated into a larger whole or standing alone, are trademarks of Crabdish Inc.
- (j) Contact Information. Please send us any questions, comments, or feedback about this Agreement, or report any violations of this Agreement, by emailing us at firstname.lastname@example.org.