Terms of Service
Last Updated: 28 August, 2012
Your use of the MappLore application (the “Application”) is subject to these Terms of Service (the “Terms of Service”). By using the Application, you agree to be bound by, and use the Application in compliance with, these Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE APPLICATION.
The terms “you,” “your,” and “yours” refer to you, the user of the Application. The terms “MappLore” “we,” “us,” and “our” refer to MappLore Ltd. We may periodically make changes to these Terms of Service. It is up to you to keep up to date with amendments to the Terms of Service as they will from time to time be updated. Your use of the Application after any amendments to the Terms of Service will be deemed as acceptance of those changes.
Licence to Use the Application
MappLore Ltd retains all rights, interest and title to the Application. You may only use the Application under the Licence outlined above. No rights, title or interest will pass to you. This Application is protected by intellectual property laws in Scotland, as well as international treaties.
Except for the provisions and permissions granted to you expressly by this license or as may be required by law you will not and will not permit or allow others to:
i) rent, lease or sublease the Application
ii) circumvent, deactivate or disable any security or technological features of the Application.
iii) reverse engineer, copy, translate, modify, reproduce, enhance, decompile, disassemble or create any form or derivative work from or of the Application nor
Access to the Application
We only provide the Application; we do not provide any equipment or software required to view or use the Application. Should you incur charges from a third party to access the Application you are solely responsible for those charges.
We also reserve the right to restrict or terminate your access to the Application at any time and without liability or prior notification.
You must be 13 or older to use the Application.
Modifications and Updates to the Application
We reserve the right to amend, modify or discontinue the Application without notice and at any time on either a temporary or permanent basis. MappLore Ltd will not be liable for any reason to any third party for loss whatsoever arising from any amendment, modification or discontinuation of the Application.
Acceptance and Modification of Submitted Material
We reserve the right and at our sole discretion to modify, reject, refuse to post, remove, alter post inclusion in the Application or include in the Application in any way any submitted material.
Restrictions on Using the Application
When using the Application you must comply with all applicable laws, including but not limited to the laws of Scotland, UK and US.
Unless expressly permitted by law or by written consent from an authorised MappLore Ltd shareholder, member or Director you must not nor permit others to:
i) rent, lease or sublicense your access to the Application to a third party
ii) use the Application in a manner that will endanger the function and integrity of the Application
iii) store, modify, copy, distribute or resell any of the information whether audio, visual or any other form of content from the Application,
v) collect or compile data from the Application by, from or to a database or other means
vi) get around or disable the security, digital rights management, Terms of Service and Terms of Service of Apple iBookstore or Apple App Store
vii) use an automated tool to use or interrogate the Application or any areas associated with it or modify, disrupt, resell, copy or distribute the Applications content
viii) use the application for purposes other than your personal use
Links and Third Party Content
The Application may contain links to third party applications, products and services, software, the Apple App Store, the Apple iTunes store and the Apple iBookstore. We exercise no control over the third party applications, products, services, software and the Apple App Store, the Apple iTunes Store and the Apple iBookstore and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party applications, products, services, software, the Apple App Store, the Apple iTunes Store and the Apple iBookstore. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party applications, products, services, software, the Apple App Store, the Apple iTunes Store and the Apple iBookstore.
Submissions to the Application and MappLore Ltd
The Application allows you and other third parties to submit information via the Application, via our ‘suggest a location’ and submission features. These submissions may be used in whole or in part within the Application. Any opinions, statements, offers or advice made by third parties on the Application are those of the third parties and not of MappLore, its directors, shareholders, officers or employees.
By using the Application and or submitting data to us you consent that we may use any or all of the information provided without notification or compensation to you. By submitting data you grant us a worldwide royalty free irrevocable license to display and use that information for any purpose. By submitting data you warrant that you are the owner to such material with all rights, that it is free from any encumbrances and that it does not violate any laws or rights. You also agree to pay any royalties, fees and monies due to any person or organisation pursuant to any submission you have made to us through the Application or not. You are solely responsible for all material and content you submit to us for publication or otherwise.
MappLore does not guarantee the accuracy or integrity or quality of any data on the Application whether submitted by third parties or not. We will not be liable for any loss incurred as a result of reliance on information or data displayed by the Application or linked to by the Application. MappLore links to third party applications such as Apple iBookstore and Apple App Store and does not guarantee the accuracy or integrity or quality of any data generated from those or any other third party sources. You are solely responsible for evaluating and assessing the data and information provided by the Application.
You will not submit to the Application or to MappLore Ltd any material or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Nor will you harm or attempt to harm MappLore or other third parties in any way.
When submitting data you will not impersonate another individual or organisation. Genuine contact data will be provided by you on any communication with or submission to MappLore Ltd or the Application.
You will not submit any information or content that infringes third party copyright, trademarks, patents or other intellectual property rights. You will not submit ‘spam’ or similar ‘junk mail’ material or any software, computer code, software virus or any other means that is designed to disrupt, destroy, limit or harm MappLore or a third party in any way.
You will not stalk another individual or individuals nor will you make comments to or about a person under the age of 18 years.
You will not intentionally violate national or international laws
You will not store or collate by any method or means data obtained from MappLore.
If you see content on the Application that violates these use restrictions, please contact MappLore Ltd at info[at]mapplore[dot]com.
Premium Product Placement
From time to time the Application will show certain products selected by MappLore at the top of product search results in relation to a location within the MappLore database. These are known as premium results and there may be multiple premium results for a location. These premium positions may be paid for, sponsored or otherwise negotiated for the benefit of third parties for products for which those third parties wish to receive premium placement. In the event a location in the MappLore database has more than one premium result these shall be presented in order of money or other benefit received by MappLore from third parties. In the event that third parties have paid equal amounts for premium placement the results shall be displayed in order of the payment received by MappLore. Premium results may be granted for limited period. Premium results granted for free whether in return for other benefits or not shall always rank below paid premium results.
Disclaimer of Warranties
YOUR USE OF THE APPLICATION AND APPLICATION CONTENT IS AT YOUR SOLE RISK. THE APPLICATION AND APPLICATION CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAPPLORE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE APPLICATION AND APPLICATION CONTENT, SUCH AS PRICING OF APPLICATIONS IN THE APPLE APP STORE, THE APPLE ITUNES STORE OR THE APPLE IBOOKSTORE, AND YOU RELY ON THE APPLICATION AND SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, IPHONE, IPAD OR IPOD TOUCH OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE APPLICATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAPPLORE OR THROUGH OR FROM THE APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME COUNTRIES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAPPLORE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MAPPLORE HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE APPLICATION AND APPLICATION CONTENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL MAPPLORE’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION OR APPLICATION CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED TEN POUNDS (£10). BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at copyright[at]mapplore[dot]com and provide details.
Updates to the Application and Terms of Service
Periodically we will make updates to the Application which may enhance, extend or reduce the functionality of the Application. We will do this without notice and you will not hold us liable for any resulting loss, inconvenience or liability.
Updates to the Terms of Service
You will not hold MappLore and its subsidiaries, affiliates, officers, agents and employees liable for any costs, expenses, damages and liabilities caused by your use of the Application, furthermore you will indemnify MappLore Ltd and its subsidiaries, affiliates, officers, agents and employees for any costs, expenses, damages and liabilities caused by your use of the Application.
These Terms of Service are governed by the laws of Scotland. Should MappLore fail or choose not to enforce any right or provision in these Terms of Service that omission will not constitute a waiver of such right or provision unless acknowledged and agreed to by MappLore in writing.
In the event that a court of competent jurisdiction finds any provision of these Terms of Service to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
Notice Regarding Apple
The Terms of Service are between you and MappLore only, not with Apple, and Apple is not responsible for the Application and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement and discharge of any third party claim that the Application or your possession and use of the Application infringe that third party’s intellectual property rights. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service, and upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as a third party beneficiary of the Terms of Service. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions or concerns about the Application or these Terms of Service, please send us a thorough description by email to info[at]mapplore[dot]com, or write to us at:
56 Sandpiper Gardens