Acceptance of These Terms of Service

These Terms of Service apply to all users of the Up2Maps website (the "Site"), including users who are also contributors ("Editors") of content, information, and other materials on, or made available through, the Site.

BY USING AND/OR VISITING THE SITE AND/OR LINKING TO ANY FILE RESIDING ON ANY OTHER SITE THAT IS ACCESSED VIA THE SITE, YOU GIVE YOUR ASSENT TO BOTH THESE TERMS OF SERVICE AND TO UP2MAPS'S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.

The owner of the Site, Up2Maps ("referred to herein as "We" or "Up2Maps") may modify or terminate any services offered by Up2Maps from time to time (the "Services"), for any reason, and without notice, including the right to terminate with or without notice, without liability to you (except as expressly provided in the applicable terms relating to payment services offered by Up2Maps for a fee ("Business Services")), any other user or any third party. We reserve the right to modify these Terms of Service in our sole discretion without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

If you do not agree to any of these terms, then please do not use this Site or any Up2Maps Services.

Third Party Content Made Accessible by Up2Maps

This site displays and/or makes available uploaded data (from now on, Data), which are uploaded or linked to by Editors, over whom Up2Maps exercises no control. Up2Maps cannot and does not screen the data before or after allowing them to be made available to third parties. Data may contain information that some people find objectionable, inappropriate, or offensive. We cannot guarantee that any Data made available via the Site will be free of objectionable content. We therefore assume no responsibility for any Data on, or otherwise linked to, the Site.

Site Access

• Up2Maps hereby grants you permission to use the Site as set forth in these Terms of Service, provided that:
• your use of the Site as permitted is solely for your personal, noncommercial use (or, for Busines Services that are purchased by businesses, for such businesses internal or ordinary business operations, and not in a service bureau capacity ("Permitted Business Use")
• you will not copy or distribute any part of the Site in any medium without Up2Maps's prior written authorization;
• you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and
• You will otherwise comply with the terms and conditions of these Terms of Service.

• In order to access some features of the Site, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Up2Maps immediately of any breach of security or unauthorized use of your account. Although Up2Maps will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Up2Maps or others due to such unauthorized use.

• You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the Up2Maps servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Up2Maps grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Up2Maps reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Data.

• Editors understand and agree third-party advertising, in any commercially reasonable format, made available to users of the Site, including in connection with uploaded Data. Editors expressly agree that they shall not be entitled to any sharing or other compensation whatsoever for any revenue generated by (or received by Up2Maps for) the display of any such advertisements.

• Editors and Viewers are free to copy, distribute, display, and perform the work but always without commercial purposes. If you want to use Up2Maps created content with commercial purposes, contact us at up2maps@up2maps.net
  

Intellectual Property Rights

All content on the Site, other than the Data displayed on the Site or otherwise made available via the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Up2Maps Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Up2Maps, subject to trademark, copyright and other intellectual property rights under United States and foreign laws and international conventions. Up2Maps Content, and Data made available on or via the Site, are provided to you AS IS for your information and personal use (or, as applicable, for Permitted Business Use) only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Up2Maps or the respective owners of such Data. Up2Maps reserves all rights not expressly granted in and to the Site and the Up2Maps Content. You agree to not engage in the use, copying, or distribution of any of the Up2Maps Content or Data, other than expressly permitted herein, including any use, copying, or distribution of Data of third parties obtained through the Site for any commercial or service bureau purposes. If you download or print a copy of any Up2Maps Content or Data for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Up2Maps Content or Data, or enforce limitations on use of the Site or the Up2Maps Content or Data displayed or made available therein.

Data

1. If you are a Editor, you understand that whether or not your Data are displayed or otherwise made available, Up2Maps does not guarantee any confidentiality or security with respect to any such Data.

 

1. You shall be solely responsible for your Data and the consequences of posting or publishing them. In connection with Data, you affirm, represent, and/or warrant that:

• you own or have the necessary licenses, rights, consents, and permissions to use and authorize Up2Maps to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Data to enable inclusion and use of the Data in the manner contemplated by the Site and these Terms of Service; and
• you have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Data in the manner contemplated by the Site and these Terms of Service.

 

Nothing in these Terms of Service change, affect or diminish in any way whatever rights Editors may have in the Data. By submitting the Data to Up2Maps, however, you hereby grant Up2Maps a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Data in connection with the Site and Up2Maps's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (except to the extent limited by, and expressly stated in the applicable additional terms and conditions for, Premium Services offered by Up2Maps). You also hereby grant each user of the Site (subject to such limitations, if any, that may apply with respect to Premium Services) a non-exclusive license to access your Data through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Data as permitted through the functionality of the Site and under these Terms of Service. Certain Data may be provided with, and subject to, other licenses, such as the Creative Commons license, which may affect how you use those Data. Users of such Data may see the specific licenses referred to, and included via links included, in any such Submission. Editors who make their Data available subject to any such third-party licenses hereby agree to comply with all policies and conditions associated with such use and distribution. For more information about Creative Commons, please check creativecommons.org.

 

1. You hereby represent and warrant that you will not:
• upload to or make available via the Site any Submission containing material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Up2Maps all of the license rights granted herein;
• publish falsehoods or misrepresentations that could damage Up2Maps or any third party;
• submit material that is unlawful, obscene, defamatory, libelous, threatening,  hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
• post advertisements or solicitations of business:
• impersonate another person. Up2Maps does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and Up2Maps expressly disclaims any and all liability in connection with Data.

 

1. Up2Maps does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Up2Maps will remove all Data if properly notified that such Submission infringes on another's intellectual property rights. Up2Maps reserves the right to remove Data without prior notice. Up2Maps will also terminate a User's access to its Site, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a Submission removed from the Site more than twice. Up2Maps also reserves the right to decide whether any Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Up2Maps may remove such Data and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

 

1. You understand that when using the Up2Maps Site, you will be exposed to Data from a variety of sources, and that Up2Maps is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Data. You further understand and acknowledge that you may be exposed to Data that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Up2Maps with respect thereto, and agree to indemnify and hold Up2Maps, its officers, directors, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

 

1. Editors understand and agree that third-party advertising, in any commercially reasonable format, made be made available to users of the Site, including in connection with uploaded Data. Editors expressly agree that they shall not be entitled to any sharing or other compensation whatsoever for any revenue generated by (or received by Up2Maps for) the display of any such advertisements.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, UP2MAPS DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY DATA.

THE UP2MAPS SERVICES, AND ALL DATA AND OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE UP2MAPS SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. UP2MAPS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. UP2MAPS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE UP2MAPS SERVICES. UP2MAPS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY SUBMISSION OR ANY UP2MAPS SERVICE. UP2MAPS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH ANY UP2MAPS SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE UP2MAPS SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE UP2MAPS SERVICES.

YOU AGREE THAT YOUR USE OF THE SITE AND ALL DATA SHALL BE AT YOUR SOLE RISK.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE UP2MAPS SERVICES, INCLUDING BUT NOT LIMITED TO ANY DATA AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY.

UP2MAPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT SHALL UP2MAPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY

 

• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD PARTY, AND/OR
• ANY ERRORS OR OMISSIONS IN ANY SUBMISSION(S) OR OTHER CONTENT MADE AVAILABLE BY UP2MAPS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUBMISSION(S) OR OTHER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN ANY EVENT, THE COMPANIES AGGREGATE LIABILITY SHALL NOT EXCEED $1000.00.

 

UP2MAPS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND UP2MAPS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT UP2MAPS SHALL NOT BE LIABLE FOR USER DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site is controlled and offered by Up2Maps from its facilities in Spain. Up2Maps makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless Up2Maps, its parent corporation, officers, directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• your use of and access to the Site;
• your violation of any term of these Terms of Service;
• your violation of any third party right, including without limitation any copyright, property, or privacy right; or
• any claim that one of your Data caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.

General

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Up2Maps without restriction. Under no circumstances shall Up2Maps or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service will be governed by and construed in accordance with the laws of Spain, without giving effect to its conflict of laws provisions of country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service (along with all terms and policies linked from these Terms of Service, which are incorporated by reference) constitute the entire agreement between the parties with respect to the Site and any Services provided or offered by Up2Maps.

No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Up2Maps's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Your use of the Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

YOU AND UP2MAPS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE AND/OR ANY SERVICES PROVIDED BY UP2MAPS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

 

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below.

To expedite our ability to process your request, please use the following format (including section numbers):

 

1) Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works at the Site are covered by a single notification, provide a representative list of such works;

2) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Up2Maps to locate the material. Please provide a url for each map with data that you claim to be infringing.

3) Information reasonably sufficient to permit Up2Maps to contact you, such as an address, telephone number, and, if available, an electronic mail;

4) Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."

5) Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

6) Sign the document

7) Send the document to:

 You may use either the address or the fax number given below:

Moises Garcia

MapGenia

Fòrum Nord de les Tecnologies

c/Marie Curie S/N

08042 Barcelona (Spain)

Fax: 00 34 93 291 77 36

 

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights.

 Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Up2Maps Privacy Policy

Your privacy is important to us, as it is to you. We will not give, sell or rent your email address to any third party at any time, for any reason.

When you register with us, we ask you to provide your name, email address and an account password. We use your email address to send administrative email messages to you from time to time. For certain business services, we also request credit card or other payment account information.

You can decide not to submit personal information, in which case we won't be able to make the Up2Maps services available to you.

When you visit this site, we send one or more cookie to your computer, for the purpose of uniquely identifying your browser. We use cookies to improve the quality of our services. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent, but that may make it impossible to use our services.

At your option, and in your sole discretion, you may provide us with certain demographic information, such as your age, city and country. This information is collected (and is made public) to facilitate the social networking that is inherent in the services. We will not distribute that information with any other personal information about you, except to the extent that content you submit for publication on the site specifically includes any such personal information.

When you use our services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

When you send email or other communication to us, we may retain those communications in order to process your inquiries, respond to your requests and improve our services. We won't share any information you send to us in those communications with any third parties.

Our privacy policy applies only to this site. We do not exercise control over any site that may be linked to from content that is displayed within content on this site.

If at any time in the future, we propose to use personal information for any purposes other than our internal use in maintaining the services, troubleshooting, improving our services, etc., then we will offer you an effective way to opt out of the use of personal information for those other purposes.

If we become involved in a merger, acquisition, or any form of sale of some or all of its assets, we will provide notice before personal information is transferred and becomes subject to a different privacy policy.

We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who have registered with us, the volume and pattern of traffic to and within the site, etc. That information will not identify you, the individual, in any way.

We restrict access to personal information to our employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Please note that this privacy policy may change from time to time. We will not reduce your rights under this policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of policy changes).

If you have any questions about this policy, please feel free to contact us or to write to us at:

Moises Garcia

MapGenia

Fòrum Nord de les Tecnologies

c/Marie Curie, 8-13

08042 Barcelona (Spain)

info@up2maps.net