(c) Please read this document in its entirety to learn the rules and restrictions that govern your use of our Platform. If you have any questions regarding these terms or the Services, please contact us at firstname.lastname@example.org. The Platform from BetterMaps is intended for entertainment purposes only. BetterMaps makes no guarantees, representations or warranties (express or implied) respecting the reliability of this application or any GPS data. This product is not subject to review, or tested, approved or certified by any government or private agency. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Platform.
1.2 Modification of Platform
We reserve the right, at any time, to modify, suspend, or discontinue the Platform, sites or Apps or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform or any part thereof and you understand and acknowledge that the Platform may contain inaccuracies or typographical errors. Any future release, update, modification or other addition to functionality of the Platform shall be subject to the terms of this Agreement.
(a) If a membership is required to any of our platforms, Sites or Apps, you agree that we, in our sole discretion, may terminate your Platform membership or other use of the Site or Services without prior notice, and remove and discard Your Content from the Platform, for any reason and without prior notice, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE PLATFORM. You may discontinue your participation in and access to the Platform at any time.
(b) Concerning Memberships. You may terminate your membership at any time, for any reason, by deleting your account (if available) in settings. Otherwise you can simply delete Platform from your device and your account will no longer active. We may terminate your membership for any reason, effective upon sending notice to you at the primary e-mail address you have stored in your BetterMaps profile.
(C) If a membership is required and you would like your personal information deleted from our Platform, you may do so by sending an email to email@example.com and requesting your information to be terminated. Each content area within our platform will have its own cancelation policy that will be available to all users. All sales are final unless otherwise specified by that platform, Sites or Apps. We have the right to keep all prior information we received from you or your use of the Platform prior to your cancellation. We promise to keep all previous information private after you have cancelled your membership to the best of our ability.
1.4 Copyright Policy
BetterMaps does not permit copyright infringement or infringement of intellectual property rights. BetterMaps will remove all content and user submissions if properly notified that such content violates any copyright protection or infringes on another’s intellectual property rights. BetterMaps reserves the right to remove content and user submissions without prior notice. BetterMaps also reserves the right to terminate a user’s access to our Platform if that person is determined to be a repeat infringer. BetterMaps also reserves the right to decide whether content or a user submission is appropriate and complies with these Terms and Conditions.
If you believe in good faith that any material in the Platform infringes your copyright, you (or your agent) may send our Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) a written notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located with sufficient detail (including applicable URL if possible) that we may find it;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law;
- information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing content; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Notices should be sent to our offices:
515 e. 7th street, 2C Brooklyn, NY 11218
By email: Info@bettermaps.app
The trademarks, service marks, logos, graphics, icons and other indicia of origin (collectively, the “Marks”) included, or made available, on or through the Platform are owned and/or registered by BetterMaps and third parties in the United States and other countries. All Marks not owned and/or registered by BetterMaps are the property of their respective owners. No license or right to use any Marks included, or made available, on or through the Platform is granted.
Users may access any of the Platform with or without registration, depending on the individual product. If you are asked to register, by registering as a BetterMaps subscriber, you represent that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Platform does not violate any applicable laws or regulations. Your member profile may be deleted without warning if we have reason to believe that you do not meet or maintain eligibility requirements. Users are solely responsible for the activity that occurs on a user’s account, and must keep their account password secure. Users must notify BetterMaps immediately of any breach of security or unauthorized use of a users account. Although BetterMaps will not be liable for losses caused by any unauthorized account use, users may be liable if their account is used in violation of these terms and conditions.
BetterMaps may contain links to websites owned and operated by third parties that are not owned or controlled by BetterMaps. BetterMaps has no control over and assumes no responsibility for the content, privacy policies or practices of any third-party website. BetterMaps cannot and will not edit or censor content on third-party websites, and users expressly release BetterMaps of any liability arising from use of a third-party website, app or Platform.
2.1 User Conduct
(a) BetterMaps hereby grants users permission to use all BetterMaps Platform applications according to these terms and conditions. All users agree that they will use BetterMaps for navigation and exploration and will not use app for any commercial purpose. BetterMaps does not claim a copyright to images already in the public domain that it has then converted into a digital format.
All users agree that they will refrain from any offensive behavior and that they will not:
- use BetterMaps to transmit, upload, post or link to any content that is libelous, defamatory, obscene, pornographic, sexually explicit, unlawful, threatening, abusive or vulgar; that is hateful or racially or ethnically objectionable; or that invades another person’s privacy;
- post or publish any information that you know is false or misleading;
- impersonate any other person;
- share your password with any unauthorized person;
- post any content that violates the copyright or right of publicity or any other right of another person;
- use BetterMaps Platform to harm or solicit personal information from any minor;
- post or attempt to post advertisements or commercial solicitations; or
- send, post or transmit a software virus or other computer code, files or programs designed to interfere with, disable or destroy the software, hardware or telecommunications equipment of another person. (This list is not exclusive.)”
BetterMaps prohibits users or any other person from engaging in any activity that BetterMaps, in its sole discretion, determines offensive, interferes with the rights of others, or causes harm to any person, including BetterMaps. BetterMaps reserves the right to terminate the use of BetterMaps to any user who violates these terms and conditions as well as any other remedy that BetterMaps may pursue in the event of a breach of this Agreement.
(b) You must not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Platform without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to access the Platform or monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the Sites for any purpose; or (d) frame the Sites, place pop-up windows over its pages, or otherwise affect the display of its pages.
2.2 User Content
2.3 Push Notifications
By downloading, browsing, accessing or using any part of our Platform now or in the future that are made available BetterMaps, regardless of the type of access you choose you agree to allow BetterMaps or it’s affiliates, advertisers or partners, from time to time, at our discretion, to send you push notifications while using our Apps. We may send push notifications or alerts to your mobile device even when you are not logged in. You may request to be removed from these types of notifications by contacting us at: firstname.lastname@example.org and requesting us to do so.
2.4 Content Standards
2.5 Monitoring and Enforcement
Although we are not obligated to screen communications or postings in advance and are not responsible for screening or monitoring the Platform, or any element or component thereof, you acknowledge and agree that we have the right to monitor the Platform at our sole discretion, and, notwithstanding anything to the contrary contained in the Privacy Notice, to disclose information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Platform properly, or to protect itself or other users. If we are notified of communications or content that allegedly violates this Agreement and/or any applicable law, rule or regulation, we may investigate the allegation and determine at our sole discretion whether to remove, or request the removal of, the content or to terminate the use of the Platform by the user who posted such content, but we have no liability or responsibility to users for performance or nonperformance of such activities. Without limiting anything set out elsewhere in this Agreement, if a user views content or receives communications allegedly inconsistent with this Agreement, the user may send an e-mail to email@example.com stating, in reasonable detail, the observed behavior. Following receipt of such correspondence, a decision will be made by us, at our sole discretion, regarding the appropriate action to take, if any, to address the concern set out in such e-mail. Any action or inaction by us does not imply or impose any responsibility or liability on us for the form, intent or accuracy of the original or any subsequent content posted by, or communications between, users. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Content or other materials on or through the Platform. YOU WAIVE AND HOLD THE INDEMNIFIED PARTIES (AS DEFINED BELOW) HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THEM DURING, OR AS A RESULT OF, OR AS A CONSEQUENCE OF INVESTIGATIONS OR DISCLOSURES BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES PURSUANT TO THIS SECTION. This Section shall survive expiration or termination of this Agreement.
You agree to indemnify, defend and hold harmless BetterMaps, its agents, suppliers, content providers, successors and assigns, and its and their respective officers, directors, employees, contractors and agents (collectively, “Indemnified Parties”) from and against any and all damages, harm, loss, liability, claims, actions, demands, costs and expenses, including reasonable attorneys’ fees and costs of settlement, arising out of or related to (i) your use of the Platform, or any element or component thereof, (ii) your User Content, and/or (iii) your violation of this Agreement or any applicable laws, rules or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You further agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. This Section shall survive expiration or termination of this Agreement.
Without limiting anything in this Agreement to the contrary, you hereby release and forever discharge each of the Indemnified Parties from any and all damages, harm, loss, liability, claims, actions, demands, costs and expenses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, past, present or future (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, this Agreement, our Privacy Notice, and/or any use or access by you of the Platform, including any interactions with, or acts or omissions of, retailers or other operators of Third Party Sites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” This Section shall survive expiration or termination of this Agreement.
2.8 Term and Termination
Except as otherwise set forth herein, this Agreement will remain in full force and effect while you use and access the Platform. We reserve the right to (a) suspend or terminate your rights to use the Platform (including your Account), or (b) terminate this Agreement, at any time for any reason, at our sole discretion, including for any use of, or access to, the Platform in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Platform will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated therewith from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Our rights under this Agreement will survive any termination of your Account or this Agreement.
3. International Access
Access to the Platform may not be legal by certain persons, or in certain countries. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You will comply with all applicable export laws, restrictions, and regulations of any United States or foreign agency or authority and will not export or re-export, or allow the export or re-export of any product, material, service, technology or information you obtain or acquire in connection with the Platform (or any direct product thereof) in violation of any such laws, restrictions or regulations. While you may be able to setup an Account as a user outside the U.S., we make no assurances or representations of any kind that the Platform is suitable for use in the country in which you reside. The Platform may, or may not be marketed or allow users outside the U.S. to purchase services or merchandise through the Platform. Regardless, by using Platform you remain beholden to all rules herein. If you access the Platform from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction in which you are then-located, and will indemnify and hold harmless BetterMaps and all other Indemnified Parties from and against any and all damages, harm, loss, liability, claims, actions, demands, costs and expenses, including reasonable attorneys’ fees and costs of settlement, arising out of or related to such access.
3.1 Governing Law; Jurisdiction
The Platform and these terms and conditions are governed by the internal substantive laws of the State of New York without regard to conflict of law provisions. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in Brooklyn, NY. To the fullest extent permitted by applicable law, no claim under this Agreement may be joined to any other claim, including any legal proceeding involving any other current or former user of the Platform, and no class action proceedings will be permitted. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose. This Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Section will survive termination of this Agreement.
3.2 Entire Agreement Waiver and Severability; Interpretation; Assignment
This Agreement, which includes any specific terms appearing at discrete areas of the Platform, constitutes the entire agreement between you and BetterMaps regarding the Platform. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The section titles or numerical values in this Agreement are for convenience only and have no legal or contractual effect. The use of the word “including” in this Agreement shall mean “including without limitation.” This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon permitted assignees.
3.3 Export and Sanctions
You may not use Platform if you are subject to U.S. sanctions or sanctions consistent with U.S. law imposed by the governments of the country where you are using the Platform. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology and services.