1.1 The following terms and conditions are between you and MapMetrics B.V. (Netherlands) (a company registered in the Netherlands with registered KVK number 86457101 and its registered address at Keurenplein 4, Unit A35, 1069CD, Netherlands ), and constitute a legal agreement that governs your use of the MapMetrics platform whether accessed through our website (www.mapmetrics.org, the “Website”) or a mobile application, and any content made available to you through such platform (collectively, the “Service”).
1.2 Our Service allows you, to navigate across the world using our navigation app. You will be able to navigate, update road conditions and receive crypto and NFTs while traveling.
1.3 We operate the Service under an Open Database License. Terms and conditions for using the OpenStreetMap license are available at http://www.openstreetmap.org/copyright/en.
1.4 Throughout these terms MapMetrics AG is referred to as “we”, “our” or “us”. We use the terms “you” and “your” to mean any person visiting or using the Website, and any organization or person visiting or using the Website on an organization’s behalf.
MINIMUM AGE AND AUTHORIZATION
NO LIABILITY FOR OTHER WEBSITES, USER-GENERATED CONTENT, OR SOCIAL MEDIA POSTS
4.2 We operate channels, pages and accounts on some social media, which can be accessed via links through the Service. We are not responsible for any information posted on those social media sites other than information we have posted ourselves. We do not endorse the social media sites themselves, or any information posted on them by third parties or other users.
3.3 The Service provides the functionality to create and/or upload content to the Service (“User Generated Content”). You acknowledge that we have no control over what content or information is uploaded by users of the Service and, whilst we may take in our discretion take steps to moderate or otherwise curate user generated content in our absolute discretion, we give no guarantees that we will do so and accordingly you acknowledge and agree that we are not responsible for any User Generated Content which you upload to the Service, or user generated content which other users may upload into the Service. You are reminded of your obligations under paragraph 5.6(D)below with respect to the creation and uploading of User Generated Content.
LINKING TO THE SERVICE
5.1 You may link to the Website’s home page from your website, as long as it is done in a way that is both fair and legal, this includes, but is not limited to the sharing of social media content.
5.2 You must not link to the Service if doing so may damage our reputation or where you suggest any form of association, approval, or endorsement on our part where none exists.
YOUR USE OF THE SERVICE
6.2 If you create an account with us:
- you must register using correct and up-to-date information and you agree that:
- it is your responsibility to ensure that such information, including your contact details, remains up-to-date and accurate so that we can communicate and transact with you; and
- if you do not receive a notification or communication from us because your contact details are incorrect or out of date, we will be deemed to have notified you;
- you are responsible for preserving the confidentiality of your password (such as by not sharing it with others) and other account information you use to access your account on the Service;
- you will immediately notify us of any known or suspected unauthorized use of your account; and
6.3 When you visit or use the Service:
- you agree not to: (i) attempt to make any data available via the Services available to third parties in bulk, (ii) systematically query any data available via the Services to obtain all or substantially all data for a given location, or (iii) disassemble, reverse engineer or decompile (except to the limited extent expressly authorized by applicable statutory law), modify, crawl (or facilitate crawling) or alter any part of the data available via the Services;
- you shall not introduce, transmit, upload or send any viruses, Trojan horses, spyware, adware, worms, keystroke loggers, other malware or other harmful computer code designed to adversely affect the operation of any computer hardware or software;
- you shall not do or permit anything which blocks, disables, overrides otherwise interferes with the operation of the Service (including any elements which are provided by our third party providers);
- you agree not to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity; and
- you agree to use the Service in compliance with all applicable laws.
6.4 You acknowledge and agree that:
- the Service has not been developed to meet your individual requirements;
- to the extent permitted by applicable laws and regulations, any software or other functionality we provide or any of our third-party providers provide as part of the Service will be provided “as is”;
- any systems or devices you may use to access the Service are beyond our control and we shall not be responsible for the operation or security of any such devices or systems;
- any User-Generated Content shall not:
- be defamatory of any person, obscene, offensive, hateful and/or inflammatory;
- promote or include any sexually explicit material, child sexual abuse material, violence, discrimination, or other illegal content or activity;
- infringe any intellectual property right of any other person (including, but not limited to, copyright, database right, or trade mark);
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; and
- contain any advertising or promote any services or web links to other sites;
- information and telecommunications systems are not error-free; and
- the provision of any internet-based service may be subject to disruption.
6.5 You may not access or use the Service:
- if you are subject to, or would cause us or any of our third party partners/providers to be in breach of, any export control and sanctions laws and regulations of the United States of America, of member States of the European Union, and any other relevant country.
7.1 As part of the Service we may offer additional services or functions which we are provided by either us, or one of our third-party partners (“Additional Services”).
7.2 In order to use these Additional Services you will be required to agree to additional terms and conditions which govern the use of those Additional Services. In those terms and conditions, it will indicate whether those terms and conditions are additional to these terms and conditions (which they will be, if they are for Additional Services provided by us), or whether they are standalone terms for Additional Services provided by a third party. You may also be charged for these Additional Services.
7.3 Where they are provided by a third party, we accept no responsibility or liability in respect of the Additional Services, and any issues you may have should be taken up with the owner or provider of such Additional Service.
7.4 You may be required to provide a payment method in order to pay for and receive an Additional Service. By providing a payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or the relevant third party) to charge your payment method for the total amount for the relevant charge you are required to pay (including any applicable taxes and other additional charges that you agreed to when placing an order for the Additional Service). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order for the Additional Service may be suspended or canceled. You can change or update payment information associated with your account, at any time by logging into your account.
OUR INTELLECTUAL PROPERTY RIGHTS
9.1 We are the owner or licensee of all intellectual property rights in the Service and the Website and the material published on them, including, among other things, all trade marks, logos, service marks and service names, whether they are registered or not. These works are protected by, among other things, copyright laws and treaties around the world. We reserve all such rights.
9.2 You grant us an exclusive, perpetual, royalty-free, irrevocable, transferable, worldwide and unrestricted license (with the right to sublicense the same) to use any User Generated Content, all information you provide to us when using the Service (including any data) and all information relating to your activities on the Service.
10.2 While we take reasonable steps to ensure that the information on, or obtained via, the Service is accurate and up to date we do not give or make any warranty or representation (whether express or implied) that any such information is accurate, timely, complete or available. We will not be liable to you for any loss or damage as a result of your use of, or reliance on, the information on, or obtained via, the Service, or for your inability to access or use the Service for any period of time.
10.3 While we also take reasonable steps to ensure that the Service is available 24/7, we offer no guarantee or warranty that the Service, or any part of it, will be available at any time and expressly disclaim any and all liability for any loss or damage you may suffer as a result of the Service, or any part of it, being unavailable at any time. The Service, and all data within it, is therefore provided “as-is” and “as available”.
10.4 While we endeavor to ensure that the Service is free from any viruses or other malicious or harmful content, we do not accept any liability for errors, delays, loss of data, or damage to your computer or device as a result of using the Service. It is your responsibility to ensure that you have up-to-date antivirus software, or any other necessary equipment in order to use the Service safely and to avoid anything that may damage or harm your computer or device.
ACCESSING THE SERVICE
11.1 We may have reason to update the Service from time to time, though we are not under any obligation to do so. We may update or remove information from the Service for business reasons, for example if any relevant software the Service uses to function is being updated, or if information is no longer relevant.
11.2 From time to time, we may restrict or suspend access to some parts of the Service, or the entire Service, for example for maintenance purposes. As such, access to the Website is not necessarily permanent or guaranteed and we will not be liable for such restriction or suspension of the Service.
TERM AND TERMINATION
GOVERNING LAW & JURISDICTION