Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the themapworks.com website or any subdomain thereof (collectively the “Service”) operated by The MapWorks, Inc. (“Company”, “us”, “we”, or “our”).
Violation of any of the terms below may result in the termination of your account and/or site.
By accessing or using the Service you agree to be bound by these Terms. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
Account – A User’s login to the Service.
Site – An instance of the Service to which a Site Owner and other authorized Users have access, subject to the terms of a valid Subscription.
Site Owner – The User who created or is responsible for the administration and management of a Site.
User – A person who has an Account on the Service.
Payment and Subscriptions
1. Sites are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set on a monthly basis.
2. At the end of each Billing Cycle, your Subscription will automatically renew under the Terms and Conditions unless you cancel it or the Company cancels it. You may cancel your Subscription renewal either through your online Site management page or by the Site Owner requesting cancellation by sending an email to the Company customer support team at firstname.lastname@example.org. The Subscription will terminate at the end of the Billing Cycle in which the cancellation request was received.
3. A valid payment method is required for your Subscription. You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, country, telephone number, and a valid payment method information. By submitting such payment information, you authorize the Company to charge all Subscription fees incurred through your site to any such payment methods.
4. Should automatic billing fail to occur for any reason, the Company will notify the Site Owner requesting updated payment information and may suspend or disable the Site until payment has been made.
5. The Company may offer a Subscription with a free trial for a limited period of time (“Free Trial”), currently 30 days. Payment information will not be required during the Free Trial period. At the end of the Free Trial period, you will be contacted to provide a valid payment method to continue the Subscription.
Changes to Service and Refunds
1. The Company may modify the fees charged for the Subscriptions. Any Subscription fee change will become effective at the beginning of the next Billing Cycle.
2. The Company will provide you with notice at least 30 days prior to of any change in Subscription fees.
3. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the new Subscription fee amount.
4. Any upgrade or downgrade in plan level will result in the new rate being charged at the next Billing Cycle. The Company will not prorate for downgrades in between Billing Cycles.
5. Downgrading your Subscription may cause the loss or reduction of features relating to your Site. The Company does not accept any liability for such loss.
1. Our Service allows users to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). Users are responsible for the Content that they post on or through the Service, including its legality, reliability, and appropriateness.
2. By posting Content on or through the Service, users represent and warrant that: (i) the Content belongs to the user (the user owns it) and/or the user has the right to use it, and (ii) that the posting of the users’ Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. The Company reserves the right to terminate the Site and/or Account of anyone found to be infringing on any of these rights.
3. Users retain any and all rights to any Content they submit, post or display on or through the Service and they are responsible for protecting those rights. The Company takes no responsibility and assumes no liability for Content users post on or through the Service.
4. The Company has the right but not the obligation to monitor all Content provided by users.
1. When Users create an Account on the Service, they certify that they are above the age of majority in their location, and that the information they provide to the Company is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of the User’s Account on the Service.
2. Users are responsible for maintaining the confidentiality of their account login (email address) and password. Users agree to accept responsibility for any and all activities or actions that occur under their account and/or password.
1. The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. The Company’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
1. The Company may terminate or suspend an Account and bar access to the Service immediately, without prior notice or liability, under the Company’s sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
2. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
1. Users agree to defend, indemnify and hold harmless the Company and its licensee and licensors, and it’s employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) use and access of the Service; b) a breach of these Terms, or c) Content posted on the Service.
Limitation of Liability
1. In no event shall the Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) User’s access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of User’s transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
1. User’s use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
2. The Company does not warrant that (i) the service will meet Users’ specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by Users through the service will meet Users’ expectations, and (v) any errors in the Service will be corrected.
1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the Company’s sole discretion.
2. By continuing to access or use our Service after any revisions become effective, Users agree to be bound by the revised terms. If Users do not agree to the new terms, they are no longer authorized to use the Service.
3. Technical support is only provided via email.
4. Users understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
5. Users must not modify, adapt or hack the Service.
6. The Company reserves the right to temporarily disable an Account or a Site if usage significantly exceeds the average usage of the Service.