Get exploring with MYC during Open Heritage Days! Upcoming 12th and 13th of September – thousands of historical buildings and sites throughout Europe are open to the public free of charge. Besides opening their doors, many locations also organize on-site activities like exhibitions, musical performances and guided tours.
Why don’t you check out MYC, the places and their stories during Open Heritage Days? Did you know there are already more than 21.000 places in the Map Your City app! Great historic places, hidden architecture gems, urban interventions, creative hubs…more are added every day! MYC is a great companion to have with you upcoming open heritage weekend. Read More
Last modified on: April 2, 2018
To Understand This Agreement
Please read this Subscriber Agreement carefully. If you have any questions about our terms, feel free to contact us at email@example.com.
By clicking “I Agree,” attaching this Subscriber Agreement to a purchase order or similar order or membership request form, or using the Service as a paid subscriber, Customer agrees to the terms of this Subscriber Agreement.
If an individual is entering into this Subscriber Agreement on behalf of an Organization such Organization shall be deemed the Customer hereunder and such individual hereby represents and warrants that he has the power and authority required to bind such Organization to this Subscriber Agreement.
The Service and Associated Software.
Customers are permitted to either create and configure communities, invite users to join, accept user requests to join and enjoy features as add-ons, or are permitted to request to join communities and enjoy features as add-ons.
Map Your City may update or modify the Service from time to time. If, in Map Your City’s reasonable judgment, any such modification to the Service materially reduces the Service’s functionality, Map Your City will inform Customer via the email address associated with Customer’s account no less than twenty (20) days prior to such change.
We provide downloadable Mobile Software and online web based applications (collectively the “Software”) to Clients for use in connection with the Service. This Software is updated automatically and, if such Software is designed for use on a mobile device, then a compatible mobile device is required for use.
The license being granted to Customer hereunder does not constitute a sale of the Software or any copy thereof, and as between Map Your City and Customer, Map Your City retains all right, title, and interest in the Software.
Map Your City will use technical and organizational security measures to protect the integrity of Customer Data and to guard against the unauthorized or unlawful access to, use of or processing of such Customer Data. For purposes of this Subscriber Agreement, “Customer Data” shall mean the structured data and any files or attachments submitted to the Service by Customer and its Members and Owners, as well as the account and contact information submitted to the Service by Customer and its Members & Owners. Customer Data includes any information relating to an identified or identifiable natural person (“Personal Data”) that Map Your City processes on behalf of Customer as a Data Processor in the course of providing Services.
Map Your City will take steps to protect the Service and Software from any viruses, backdoors, Trojans, or other computer code that is designed to disrupt, disable or harm the operation of the Service or Software. If Customer has engaged a third-party purchasing agent to purchase seats on its behalf, such purchasing agent is not the Customer, and Customer agrees that Customer is still solely responsible for compliance with this Subscriber Agreement.
- Administration of Customer’s Account. Customer may specify one or more administrators (each an “Owner”) to manage its account. Owners have the full access to all editable parts of the account, can create new account users, edit billing information, close the account and monitor, use, export and disclose all content posted by Owners and Members in accordance with applicable local laws. Customer is responsible for: (i) the selection of its Owner(s); (ii) maintaining the confidentiality of passwords and Owner accounts; (iii) managing access to Owner accounts; and (iv) ensuring that each Owner’s use of the Service complies with this Subscriber Agreement. Map Your City shall not be held liable for any actions on the part of Customer’s Owner(s).
- Owner or Member Conduct; Compliance. Customer is responsible for use of the Service by its Owners or Members and for their compliance with Map Your City’s Terms of Service. Customer is also responsible for providing any notice and obtaining any consents and authorizations necessary: (i) to allow the administrator Owners to access, monitor, use, and disclose the content posted by the Members on the Service; and (ii) to allow Map Your City to provide the administrator Owners with access to such Owner and Member content. The Service is not authorized for use by persons under the age of 16 and Customer will ensure that it does not allow any person under 16 to use the Service. Customer will promptly notify Map Your City if it becomes aware of any unauthorized access to Customer’s account or the Service.
- Restrictions. Customer will not: (i) rent, sell, resell or lease the Service to any third party; (ii) use the Service for any purpose where either the use or the failure of the Service might lead to personal injury, death or physical damage; or (ii) disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by law.
- Suspension. Map Your City may request that Customer suspend the account of any Owner or Member who: (i) violates the User Terms of Service; or (ii) is using the Service in a manner that Map Your City reasonably believes may cause a security risk, a disruption to others’ use of the Service, or liability for Map Your City. If Customer fails to promptly suspend or terminate such Owner’s or Member’s account, Map Your City reserves the right to do so.
Intellectual Property Rights.
- License to Use Customer Content. Customer hereby grants to Map Your City a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to access, use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute the Customer Data for the purpose of (i) providing the Service to you and other users in accordance with your settings on the Service and associated customer support to Customer; (ii) displaying the Customer Data to Map Your City users and other individuals; and (iii) analyzing and improving the Service.
- Reservation of Rights. Except as expressly set forth herein, this Subscriber Agreement does not (i) grant Map Your City any rights or interest in or to any Customer Intellectual Property; or (ii) grant Customer any rights or interest in or to the Service or any Map Your City Intellectual Property. For purposes hereof, the term “Intellectual Property” shall mean any current or future worldwide rights under any patent, copyright, trademark, or trade secret; any moral rights or any similar rights.
- Use of Customer Suggestions. Map Your City may incorporate into the Service any suggestions or feedback received from Customer without any obligation to Customer and any such modifications to the Service shall be the sole and exclusive property of Map Your City. Map Your City may also share and publish aggregate, anonymized data about the use of our Service by our customers.
- Map Your City Customer List. Map Your City may include Customer’s name in a list of Map Your City’s Customers online and in print and electronic marketing materials.
Customer’s Use of Third Party Services.
Map Your City does not warrant or support any third party service (e.g., a service that utilizes the Map Your City API in connection with Customer’s use of the Service) and will not be responsible for any act or omission on the part of such third party or its service.
Data Processing Specifics
- Data Processor: To the extent that it acts as a Data Processor in performing its obligations under this Agreement, Map Your City will process any Personal Data contained in the Customer Data in accordance with Customer’s reasonable and lawful instructions, and will employ appropriate technical and organizational measures to protect such Personal Data.
- “Data Processor” is defined as a natural or legal person, public authority, agency, or any other body which processes Personal Data on behalf of the controller (the entity that determines the purpose and means of the processing of Personal Data – in this Agreement this entity is the Customer).
- Transfer of Personal Data: By using Map Your City, Customer consents to Map Your City’s transfer of Personal Data to its affiliates located outside the EU (e.g. in the U.S. or Canada). Map Your City employs the European Commission’s Standard Contractual Clauses (“Model Clauses”) to legitimize such transfer.
- External Networks: Customer acknowledges that its use of Map Your City requires the transmission of electronic data over the internet and various other networks that are not owned, operated by Map Your City, or otherwise under its control (“External Networks”), and therefore that Map Your City cannot guarantee or ensure such transmissions will be secure from unauthorized access by third parties. Except as explicitly set out in this Agreement, Map Your City shall not be not responsible or liable for any delay, loss, alteration, or interception of Customer Data in the course of its transmission through and between External Networks.
Fees and Payment.
- By subscribing to the Service and providing payment account information, Customer agrees to these payment terms and conditions.
- If Customer subscribes to the Service under any promotional subscription fee, some additional restrictions may apply. These restrictions, if any, will be provided to Customer before Customer signs up for the Service that is subject to the promotion. Free or discounted introductory offers are only available to new users of the Service, except where expressly stated.
- Fees are non-refundable except as required by law or as explicitly set forth herein. Customer will pay all applicable fees when due and, if such fees are being paid via credit card or other electronic means, Customer authorizes Map Your City to charge such fees using Customer’s selected payment method.
- By default, customer accounts are set to auto-renew and require recurring payments. Fees will be charged on an annual or monthly basis based on Customer’s subscription. Map Your City may automatically charge Customer for such renewal on or after the renewal date associated with Customer’s account unless Customer has terminated the Service or Map Your City terminates the Service.
- Customer must cancel the Service prior to its renewal date in order to avoid billing of the next period’s fee. If Customer chooses to cancel the Service, Customer may use the Service until the end of the current period but will not be issued a refund for the most recently (or any previously) charged fees. Customer can cancel Service anytime online by going into the Customer’s account settings prior to its renewal date if Customer has a monthly plan.
- Map Your City may revise fee rates and/or the billable amount structure for the Service from time to time and will provide Customer’s designated administrator(s) with email notice of any changes in fees at least thirty (30) days prior. Customer is responsible for providing complete and accurate billing information to Map Your City.
- Map Your City may suspend or terminate Customer’s use of the Service if fees become past due. Customer is responsible for all taxes (excluding taxes on Map Your City’s net income) and Map Your City will charge tax when required to do so by law
- If Customer requires the use of a purchase order or purchase order number, Customer (a) must provide the purchase order number at the time of purchase; and (b) agrees that, except for any amendments to this Subscriber Agreement that are clearly marked as such on the face of the Purchase Order, any terms and conditions on a Customer purchase order that conflict with this Subscriber Agreement will not apply and are null and void.
- Confidentiality: During the course of their performance under this Subscriber Agreement, each party may make available to the other party information that is not generally known to the public and at time of disclosure is either identified as, or should reasonably be understood by the receiving party to be, proprietary or confidential (the “Confidential Information”). Confidential Information shall include, but shall not be limited to: proprietary software, business plans, strategies, forecasts, projects and analyses; financial information and fee structures; business processes, methods and models; employee, customer and supplier information; sales and marketing information. With respect to the Customer, Confidential Information also includes the Customer Data.
- Obligations: Except as otherwise expressly permitted under this Subscriber Agreement, with the express prior written consent of the disclosing party, or as required by law, the receiving party will not disclose, transmit or otherwise disseminate to a third party any Confidential Information of the disclosing party. The receiving party will use the same care and discretion with respect to the Confidential Information received from the disclosing party as it uses with its own similar information, but in no event less than a reasonable degree of care. Map Your City may disclose Customer’s Confidential Information to its employees, consultants, agents or advisors who have a strict need to know such Confidential Information solely for the purpose of performing Map Your City’s obligations under this Subscriber Agreement and only to those who are obligated to maintain the confidentiality of such Confidential Information upon terms at least as protective as those contained in this Agreement. Customer may disclose Map Your City’s Confidential Information to its employees, consultants, agents or advisors who have a strict need to know such Confidential Information and are obligated to maintain the confidentiality of such Confidential Information upon terms at least as protective as those contained in this Agreement.
- Exclusions. The obligations set forth in Section 6(2) above shall not apply to any Confidential Information that the receiving party can demonstrate: (i) the receiving party possessed, without any obligation of confidentiality, prior to disclosure by the disclosing party; (ii) is or becomes publicly available without breach of this Agreement by the receiving party; (iii) is or was independently developed by the receiving party without the use of any Confidential Information of the disclosing party; or (iv) is or was received by the receiving party from a third party that does not have an obligation of confidentiality to the disclosing party or its affiliates. Either party may disclose the terms of this Agreement to potential parties to an acquisition or similar transaction to facilitate due diligence and closing of the transaction, provided that potential party is subject to written non-disclosure obligations and limitations on use only for the prospected transaction. The receiving party may disclose Confidential Information of the disclosing party if legally required to do so in connection with any legal or regulatory proceeding, provided, however, that in such event the receiving party will, if lawfully permitted to do so, notify the disclosing party within a reasonable time prior to disclosure so as to allow the disclosing party an opportunity to seek appropriate protective measures.
- At any time after signature of this Agreement, Map Your City may publish or use Customer’s name and logo on: (i) Map Your City’s website; (ii) marketing collateral; (iii) online advertisement banners; and (iv) in Map Your City’s sales presentations.
- Map Your City will obtain Customer’s written permission prior to publication for each of the following: (i) press release; (ii) case study or white paper on Map Your City’s website and marketing collateral (and discussion of case study or white paper during sales presentations); and (iii) Customer quote on Map Your City’s website.
Term and Termination.
This Subscriber Agreement will remain in effect until Customer terminates its subscription to the Service or until this Subscriber Agreement is otherwise terminated as provided for herein. Customer may terminate this Subscriber Agreement at any time. In addition, either party may terminate this Subscriber Agreement if: (a) the other party is in material breach and fails to cure such breach within twenty (20) days following receipt of written notice from the non-breaching party; (b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days. In the event that this Subscriber Agreement is terminated, (i) the rights granted to Customer pursuant to this Subscriber Agreement (except as specifically set forth in this section) will cease immediately; and (ii) any premium features provided to Customer will cease to be provided. The following sections will survive expiration or termination of this Subscriber Agreement: Section 3, 7, 11-13.
Map Your City may revise this Subscriber Agreement from time to time by posting the modified version on its website at least twenty (20) days prior to the effective date of the modifications being made; provided, however, that no such modification shall include a reduction in Customer’s rights or Map Your City’s obligations unless affirmatively agreed to by Customer in advance. If, in Map Your City’s sole and reasonable discretion, the modifications being proposed are material, Map Your City will notify Customer of such proposed modifications via email to the email address associated with Customer’s account. By continuing to access or use the Service after the posted effective date of modifications to this Subscriber Agreement that do not include a reduction in Customer’s rights or Map Your City’s obligations hereunder, Customer agrees to be bound by such modifications.
- By Customer. Customer hereby agrees to indemnify, defend and hold harmless Map Your City, its licensees and licensors, and their respective employees, contractors, agents, officers and directors (together, the “Map Your City Affiliates”), from and against any and all liabilities, damages, obligations, losses, costs and expenses (including but not limited to reasonable attorney’s fees) (together, the “Losses”) arising from or as a result of any claim by a third party against Map Your City or the Map Your City Affiliates regarding: (i) use of or access to the Service by Customer or its Members and Owners in violation of this Subscriber Agreement or our User Terms of Service; or (ii) any data or Customer Data transmitted or received through, or posted or stored in, Customer’s account.
- By Map Your City. Map Your City hereby agrees to indemnify, defend and hold harmless Customer and its employees, contractors, agents, officers and directors (together the “Customer Affiliates”), from and against any and all Losses arising from or as a result of any claim by a third party against Customer or the Customer Affiliates to the extent based on an allegation that the Service or Map Your City’s technology used to provide the Service infringes or misappropriates any copyright, trade secret, patent, or trademark right of the third party. In no event will Map Your City have any obligations or liability under this section arising from: (i) use of the Service in a modified form or in combination with materials not furnished by Map Your City; (ii) use of any third party app developed using Map Your City’s API; or (iii) any content, information, or data provided by Customer, Members or Owners, or other third parties. THIS INDEMNITY IS CUSTOMER’S ONLY REMEDY UNDER THIS SUBSCRIBER AGREEMENT FOR ANY VIOLATION BY MAP YOUR CITY OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
- Infringement Claims. If the Service becomes, or in Map Your City’s reasonable judgment is likely to become, the subject of a claim of infringement, then Map Your City may: (i) obtain the right, at Map Your City’s expense, for Customer to continue using the Service; (ii) provide a non-infringing functionally equivalent replacement; (iii) modify the Service so that it is no longer infringing. If Map Your City, in its sole and reasonable judgment, determines that none of the above options are commercially reasonable, then Map Your City may suspend or terminate Customer’s use of the Service and provide Customer with a pro rata refund of prepaid fees.
- Process. The party seeking indemnification will provide prompt notice concerning the existence of an indemnifiable claim and cooperate fully with the indemnifying party in defending the claim. Failure to give prompt notice shall not constitute a waiver of a party’s right to indemnification and shall affect the indemnifying party’s obligations hereunder only to the extent that the indemnifying party’s rights are materially prejudiced by such failure or delay. The indemnifying party will have full control and authority over the defense of any claim; provided, however, that: (i) the indemnified party may join in the defense at its own expense using counsel of its choice; and (ii) any settlement requiring the party seeking indemnification to admit liability or make any financial payment will require such party’s prior written consent, not to be unreasonably withheld or delayed.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN CONNECTION WITH THEIR RESPECTIVE INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL EITHER PARTY OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE UNDER THIS SUBSCRIBER AGREEMENT FOR (I) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; OR (II) LOSS OF USE, DATA, BUSINESS REVENUES, PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), GOODWILL, OR OTHER INTANGIBLE LOSSES. UNDER NO CIRCUMSTANCES WILL MAP YOUR CITY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR CUSTOMER’S ACCOUNT OR THE INFORMATION CONTAINED THEREIN BY ANY THIRD PARTY. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER A PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT IN CONNECTION WITH ITS INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL MAP YOUR CITY BE LIABLE TO CUSTOMER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT PAID BY CUSTOMER TO MAP YOUR CITY HEREUNDER DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Governing Law; Binding Arbitration and Class Action Waiver
- PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
This Subscriber Agreement will be governed by the laws of the State of The Netherlands without regard to its conflict of laws provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Claims relating to this Agreement or the Service will be resolved through final and binding arbitration, except as set forth below.
- Initial Dispute Resolution: The parties agree that most disputes can be resolved without resort to litigation. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with each other, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. Accordingly, before initiating a lawsuit or arbitration, Customer Agrees to contact Map Your City to attempt to resolve the dispute in good faith.
- Binding Arbitration & Class Action Waiver: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time the informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to the Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration by and under the Rules of Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with the said Rules. The Emergency Arbitrator Provisions shall not apply. The contract is governed by Dutch Law, and proceedings will take place at the ICC Netherlands office in The Hague.
- ICC Nederland
2594 AV Den Haag
T +31 (0)70 3836646
- ICC Nederland
- Nothing in this Section shall be deemed as preventing Map Your City from seeking injunctive or other equitable relief from the courts as necessary to protect any of Map Your City’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MAP YOUR CITY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Exception: Litigation of Intellectual Property Claims: Notwithstanding the foregoing, disputes, claims, or controversies concerning (1) either party’s patents, copyrights, moral rights, trademarks, and trade secrets or (2) claims of piracy or unauthorized use of the Services (collectively, “IP Claims”) shall not be subject to arbitration.
- Relationship of the Parties. The parties are and shall be independent contractors with respect to all services provided under this Subscriber Agreement.
- Force Majeure. Except for payment obligations, neither Map Your City nor Customer will be liable for inadequate performance to the extent caused by a condition that is beyond the party’s reasonable control, including but not limited to natural disaster, civil disturbance, acts of terrorism or war, labor conditions, governmental actions and interruption or failure of the Internet or any utility service.
- Assignment. Neither this Subscriber Agreement nor any of the rights and licenses granted hereunder, may be transferred or assigned by either party without the other party’s express written consent; provided, however, that either party may assign this Subscriber Agreement without the other party’s consent to an affiliate or in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of its assets. Any other attempt to transfer or assign this Subscriber Agreement will be null and void.
- Interpretation. The headings of the sections of this Agreement have been inserted for reference only and shall in no way impact its interpretation. If this Subscriber Agreement is ever translated into any other language, it will be for Customer’s convenience only and the English language version of this Agreement will exclusively prevail. In this Subscriber Agreement: (i) the singular includes the plural and vice versa; (ii) references to any statute, enactment, order, law, regulation, or other similar instrument shall be construed as a reference to each of the same as amended by any subsequent statute, enactment, order, law, regulation, or instrument or as contained in any subsequent re-enactment thereof; (iii) the words “day”, “month”, and “year” mean calendar day, calendar month, and calendar year, unless otherwise stated; and (iv) the word “including” (or any analogous word or phrase) means “including and without limitation”.
- Execution & Counterparts. This Agreement may be agreed to online or executed by electronic signature, both of which shall be sufficient to legally bind the Parties. Customer acknowledges that this Subscriber Agreement is a contract between Customer and Map Your City, even though it may be electronic and not physically signed by representatives of each Party.
- No Waiver. No waiver of any term of this Subscriber Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Subscriber Agreement shall not constitute a waiver of such right or provision.
- Communications from Map Your City. You agree to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with the Service (“Communications”). We may provide Communications in a variety of ways, including by e-mail, text, in-app notifications, or by posting them on the Map Your City website or through the Service. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- U.S. Federal Government. If Customer is part of the U.S. Federal Government, in accordance with FAR section 2.101, DFAR section 252.227-7014(a)(1), and DFAR section 252.227-7014(a)(5), or otherwise, all software, documentation, and/or technical data provided by Map Your City to Customer are classified as “commercial items,” “commercial computer software”, and/or “commercial computer software documentation.” In accordance with DFAR sections 227.7202 and 252.2277015 and FAR sections 12.211-12.212, any use, modification, reproduction, release, performance, display, disclosure, or distribution of the software, documentation, and/or technical data by or for the U.S. Federal Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by these terms. If a government agency has a need for rights not granted under these terms, it must negotiate with Map Your City to determine if there are acceptable terms for granting those rights, and a mutually acceptable written addendum specifically granting those rights must be included in any applicable agreement.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
Congratulations! You’ve reached the end. Thanks for taking the time to learn about Map Your City’s policies.
At Map Your City, we require our users to respect intellectual property rights. If copyrighted content that belongs to you was posted without your permission to our Service, we want to know about it. Please send notice of the alleged infringement to us, at: email@example.com (or use our contact form)
Please include in your notice:
- an electronic or physical signature of the copyright owner or someone authorized to act on their behalf;
- the name, address, telephone number, and email address of the copyright owner;
- identification of the copyrighted work that is being infringed;
- identification of where the infringing material is located on our Service (a URL works best);
- a statement that you have a good faith belief that the use isn’t authorized by the copyright owner, its agent or the law; and
- a statement that the information in your notice is accurate, and
- you’re authorized to act on behalf of the copyright owner.
This statement must be made under penalty of perjury, meaning if any part of the statement is false, you could be committing perjury—a serious offense that’s sometimes even classified as a felony.
Finally, a warning: If you knowingly make a false statement in your claim of copyright infringement, then you may be subject to liability for damages and heavy civil penalties. If you’re not sure whether material on our Service infringes your copyright, then you should speak with a lawyer before notifying us. We may forward your notice to the user that uploaded the content.
We reserve the right to remove content posted to our Service alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Map Your City will also terminate a user’s account if the user is determined to be a repeat infringer.
We are thankful for our users mapping their experiences and sharing them with the Map Your City Community. Some of the photos are gratefully shared on our website. Where images are used on our website on a Creative Commons License, please find the photo credits here:
Last modified on: April 2, 2018
TO UNDERSTAND THESE TERMS
Please read these Terms of Service carefully. By accessing, using Map Your City or signing up for an account, you’re agreeing to these Terms of Service. This is a legal agreement.
We’ll start with the basics, including a few definitions that should help you understand this agreement. Map Your City is a service offered through the URL mapyour.city and through the mobile applications available in the Apple & Android Stores. Map Your City is owned and operated by ANDRS Projects Europe, a Netherlands private limited company (“Map Your City,” “we,” “us,” or “our”). Map Your City has employees, independent contractors, and representatives (“our Team”).
YOUR USE OF THE SERVICE
By accessing or using the Service you agree to be bound by these Terms. If you are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization.
Organizations or other third parties that have paid for a subscription to Map Your City (“Customers”) must separately agree to our Subscriber Agreement or enter into a written agreement with us (in either case, “Subscriber Agreement”). That Subscriber Agreement permits Customers to create and configure communities, invite users to join, and enjoy features as add-ons, or permits Customers to join communities and enjoy features as add-ons. If you have been invited to a community created by a Customer, you acknowledge and agree that the Customer controls your use of the Services in accordance with applicable local laws, including but not limited to adding or removing you from an Organization, enabling or disabling third-party integrations, managing permissions, and accessing, modifying, or removing content that you submit or upload to the Service.
You may use the Service only if you can form a binding contract with Map Your City, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Service may change from time to time as we evolve, refine or add more features to the Service, often without prior notice to you. In addition, Map Your City may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you with prior notice.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or Terms page, so please check those pages regularly. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.
Some areas of the Service allow you to post or upload information, text, graphics, or other material (“Content” or, when posted by you, “your Content”), and to share your Content with others. You retain ownership of your Content, but there are many things that users may do with your Content, for example, copy it, modify it, re-share it, or broadcast it. Map Your City has no responsibility for that activity. You understand that publishing your Content on the Service is not a substitute for registering it with a copyright office, or any other rights organization. Please consider carefully what you choose to share.
You agree not to post Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any Content that you post does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions.
You retain full ownership to your Content, but you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute such Content in connection with providing the Service to you and other users in accordance with your settings on the Service. In connection with providing the Service, we may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Service including your Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Map Your City, its users and the public.
You must provide us accurate information when you create your Map Your City account. Your Map Your City account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organizations. If you connect to Map Your City with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another user’s account without permission.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with Map Your City or a third-party service. We encourage you to use “strong” passwords that use a combination of upper and lower case letters, numbers and symbols with your account. You agree not to disclose your password to any third party. Map Your City cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify Map Your City immediately upon becoming aware of any breach of security or unauthorized use of your account.
MAP YOUR CITY’S LICENSE TO YOU
Subject to these Terms, Map Your City gives you a personal, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the Service. We reserve all rights not expressly granted in these Terms in the Service. We can terminate this license at any time for any reason or for no reason.
We may make available software to access the Service via a mobile device (“Mobile Software”) and online web based applications (collectively the “Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. We do not warrant that the Mobile Software will be compatible with your mobile device. We give you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Software to any third party or use the Software to provide time sharing or similar services for any third party; (iii) make any copies of the Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software, features that prevent or restrict use or copying of any content accessible through the Software, or features that enforce limitations on use of the Software; or (v) delete the copyright and other proprietary rights notices on the Software. You agree that we may from time to time issue upgraded versions of the Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You agree to the automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to any upgrades. Any third-party code that may be incorporated in the Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. This license is not a sale of the Software or any copy thereof, and Map Your City or its third party partners or suppliers retain all right, title, and interest in the Software (and any copy thereof). We reserve all rights not expressly granted under these Terms. The Software originates in the Netherlands, and is subject to European export laws and regulations. The Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the European Union. In addition, the Software may be subject to the import and export laws of other countries. You agree to comply with all Dutch, European Union and foreign laws related to use of the Software and the Service.
MAP YOUR CITY PROPERTY, COPYRIGHTS AND FEEDBACK
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Map Your City and its licensors. The Service is protected by copyright, trademark, and other laws of the Netherlands, the European Union and foreign countries. Nothing in the Terms gives you a right to use the Map Your City name or any of the Map Your City trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Map Your City, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
USE OF CONTENT
All Content in or on the Service, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. We may not monitor or control the Content posted via the Service and, we cannot take responsibility for such Content. If you use or rely on any Content or materials posted via the Service or obtained by you through the Service, it is at your own risk. Under no circumstances will Map Your City be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Service.
You agree that you are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties. You understand that if you do not have the right to submit Content to the Service, doing so may subject you to liability. Map Your City will not be responsible or liable for any use of your Content by Map Your City in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit including all necessary rights to upload your Content for use in accordance with these terms and conditions.
ACCEPTABLE USE OF MAP YOUR CITY
Map Your City is trusted by its users, and we trust you to use our Service responsibly. You agree not to misuse the Service. For example, you must not, and must not attempt to do the following things:
- use the Service for any unlawful purposes or for promotion of illegal activities;
- post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;
- impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- publish or post other people’s private or personally identifiable information, such as credit card numbers or Social Security/National Identity numbers, without their express authorization and permission;
- send unsolicited communications, promotions or advertisements, or spam;
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy;
- access, tamper with, or use non-public areas of the Service, Map Your City’s computer systems, or the technical delivery systems of Map Your City’s providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
- interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. International users agree to comply with all local laws regarding online conduct and acceptable content.
We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Service.
We respect others’ intellectual property rights and we ask that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us through our Copyright Policy.
You agree to defend, indemnify and hold harmless Map Your City and its licensee and licensors, and their 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) arising from your use of and access to the Service, including any data or Content transmitted or received by you, any other party’s access or use of the Service with your username and password, or your violation of these Terms, applicable law, rule or regulation.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MAP YOUR CITY AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAP YOUR CITY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL MAP YOUR CITY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAP YOUR CITY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL MAP YOUR CITY ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MAP YOUR CITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME COUNTRIES, REGIONS OR STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY IN DIFFERENT COUNTRIES, REGIONS OR STATES. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in the Netherlands. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations.
MISCELLANEOUS LEGAL TERMS
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.
In the unlikely event that Map Your City has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Map Your City claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by and under the Rules of Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with the said Rules. The Emergency Arbitrator Provisions shall not apply. The contract is governed by Dutch Law, and proceedings will take place at the ICC Netherlands office in The Hague.
2594 AV Den Haag
T +31 (0)70 3836646
Nothing in this Section shall be deemed as preventing Map Your City from seeking injunctive or other equitable relief from the courts as necessary to protect any of Map Your City’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MAP YOUR CITY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You agree that the Service is based in the Netherlands; and these Terms are governed by the internal substantive laws of the Netherlands, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
These Terms, together with any amendments and any additional agreements you may enter into with Map Your City in connection with the Service, will constitute the entire agreement between you and Map Your City concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any sections of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Map Your City’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
We may provide notifications, whether these are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. You can opt out of certain types of notifications through your settings page.
Please contact us at firstname.lastname@example.org with any questions regarding these Terms.
Congratulations! You’ve reached the end. Thanks for taking the time to learn about Map Your City’s policies.
Last updated on: April 2, 2018
TO UNDERSTAND THIS POLICY
Map Your City appreciates the interest you have shown in us by visiting our website, mapyour.city, by downloading our app or by subscribing to our Service. We’ll start by getting a few definitions out of the way that should help you understand this policy. When we say “we,” “us,” “our,” and “Map Your City” we’re referring to ANDRS Projects Europe, a Netherlands private limited company, that holds the Map Your City registered trademark. When we say “you”, “user”, “member” or “owner” we’re referring to the person or entity accessing or using the Service.
A “Member” or “Owner” is you or some other person you contact through our Service, or a person who you might choose to contact at some point in the future through the use of our Service. In other words, a Member or Owner is anyone on your Organization’s Member List.
We offer the Service on our websites and through mobile applications. In the course of providing the Service, we may collect Personal Information. “Personal Information” means any information that identifies or can be used to identify you, a User or a Member or Owner, directly or indirectly, including, but not limited to, first and last name, date of birth, email address, gender, occupation or other demographic information. An “Organization Member List” is a list of Members and Owners and all associated information related to those Members and Owners (for example, email addresses).
SCOPE OF THIS POLICY AND USING OUR SERVICE
INFORMATION WE COLLECT
- Information You Provide to Us:
Map Your City collects information from you through:
- Account and product registration and administration of your account
- The Service that you use
- Requests or questions you submit to us via forms or email (e.g., support forms, sales forms, user research participation forms)
- Your communications and dealings with us
- Your participation in Map Your City sweepstakes, contests, or research studies
- Uploads or posts to the Service
- Requests for customer support and technical assistance
Information from and about you: The types of data we collect directly from you may include:
– Name, address, telephone number and email address
– Optional information, such as a photograph, that you elect to associate with your account (your “Profile Information”)
– Log-in details and password, if you create a Map Your City account
– With your permission, certain information stored on your mobile device
– Any email requests or questions you submit to us
– Demographic information such as your gender
– User-generated content you post on the Service
Information about others: If you choose to use our invitation service to invite a friend, Member or Owner to the Service, we will ask you for that person’s email address and automatically send an email invitation. Map Your City stores this information to send this email, to register your friend if your invitation is accepted, and to track the success of our invitation service.
Content: You also provide us information in Content you post to the Service. Your Content and metadata about your Content may be viewed by other users in accordance with your settings on the Service. Map Your City can, but has no obligation, to monitor your Content you post on the Service. We can remove any information you post for any reason or no reason. Map Your City and Map Your City employees will not view Content that is not made viewable in accordance with your settings on the Service, except: (i) to maintain, provide or improve the Service; (ii) to help you and resolve your support requests; or (iii) as Map Your City believes, in its sole opinion, is necessary to comply with or avoid the violation of applicable law or regulation or to cooperate with law enforcement.
Payment Information. If you are a user of our paid premium service, we will utilize a third party credit card payment processing company to collect payment information, including your credit card number, billing address and phone number. The third party service provider, and not Map Your City, stores your payment information on our behalf.
- Information We Automatically Collect
When you use our Service that connect to the Internet, including, but not limited to, when you access the Service via our websites, your mobile devices, and Map Your City’s Software, we automatically collect certain information as described in this Section. As discussed further below, we and our service providers (which are third party companies that work on our behalf to provide and enhance the Service) use a variety of technologies, including cookies and similar tools, to assist in collecting this information.
Cookies: When you use the Service, we may send one or more “cookies” – a small data file – to your computer to uniquely identify your browser and let Map Your City help you log in faster and enhance your navigation through the site. A cookie may convey anonymous information about how you browse the Service to us. A persistent cookie remains on your hard drive after you close your browser so that it can be used by your browser on subsequent visits to the Service. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
Log Files: When you use the Service, our servers automatically record certain information sent by your web browser. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, mobile carrier, and other such information.
Clear Gifs Information: When you use the Service, we may employ clear gifs (also known as web beacons) which are used to track the online usage patterns. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting and make Map Your City better for our users.
Geo-Location Information: When you use the Service by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey information about how you browse the Service to us. Location data does not collect or share any personally identifiable information about you. Location data may be used in conjunction with personally identifiable information. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.
Device Identifiers: When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device and are used to enhance the Service. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by us. A device identifier may convey information about how you use the Service to us. A device identifier does not collect or share any personally identifiable information about you. A device identifier may be used in conjunction with personally identifiable information. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers are impaired or disabled. Map Your City may access, collect and/or store device identifiers upon enabling Map Your City’s Services.
HOW WE USE & DISCLOSE YOUR INFORMATION
Map Your City uses information we collect to operate, maintain and provide you the features and functionality of the Service that you have requested, to analyze how the Service is used, diagnose service or technical problems, maintain security, personalize content, remember information to help you efficiently access your account, monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns, and track Content and users as necessary to comply with copyright provisions and other applicable laws. Without your information, we cannot provide you with the Services you have requested or you may be limited in your use of the Services.
- Reasons to use and disclose Personal Information
- To send you informational and promotional content in accordance with your marketing preferences.You can stop receiving our promotional emails by following the unsubscribe instructions included in every email. We may also use your contact information combined with device identifiers to send you in app marketing messages. If you don’t want to receive these messages, you can opt out by unfavoriting Locations or stop following Organizations or turn off notification settings on your mobile device altogether.
- To bill and collect money owed to us by our Customers.This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments.
- To communicate with you about your account and provide customer support.
- To enforce compliance with our Terms of Service and applicable law.This may include developing tools and algorithms that help us prevent violations.
- To protect the rights and safety of our users and third parties, as well as our own.
- To meet legal requirements,including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
- To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.
- To prosecute and defend a court, arbitration, or similar legal proceeding.
- To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
- To provide, support, and improve the Service we offer.This includes our use of the data that our Customers provide us in order to enable our Customers to use the Service to communicate with their Members, Owners and fans following their Organization (“Followers”). This also includes, for example, aggregating information from your use of the Service or visit to our websites and sharing this information with third parties to improve our Service. This might also include sharing your information or the information you provide us about your Members and Owners with third parties in order to provide and support our Service or to make certain features of the Service available to you. When we do have to share Personal Information with third parties, we take steps to protect your information by requiring these third parties to enter into a contract with us that requires them to use the Personal Information we transfer to them in a manner that is consistent with this policy.
- How we disclose Personal Information
Your Use: We will display your Personal Information in your profile page and elsewhere on the Service according to the preferences you set in your account. Any information you choose to provide should reflect how much you want others to know about you. Please consider carefully what information you disclose in your profile page and your desired level of anonymity. You can review and revise your profile information at any time. We may also share or disclose your information with your consent, for example if you use a third party application to access your account (see below).
Your name, email address and other information you choose to provide on the Service – such as a photograph, that you elect to associate with your account profile – will be viewable and discoverable by other users, in accordance with your settings on the Service.
We may use your email address to send you Service-related notices (including any notices required by law, in lieu of communication by postal mail). We may also use your contact information combined with device identifiers to send you marketing messages. If you don’t want to receive these messages, you can opt out by following the instructions in the message or turn off notification settings on your mobile device. If you correspond with us by email, we may retain the content of your email messages, your email address and our responses.
Business Transfers: As we develop our business, we may buy or sell assets or business offerings. Customers, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution.
Compliance with Laws and Law Enforcement Requests; Protection of Map Your City’s Rights: Map Your City may disclose your personal information if required to do so by law or subpoena or if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Map Your City’s rights or property.
Non-Personally Identifiable Information: We may disclose your non-private, aggregated, or otherwise non-personally identifiable information, such as anonymous usage data, platform types, etc., with interested third parties to help them understand the usage patterns for certain Map Your City Services.
DATA COLLECTED FOR AND BY OUR CUSTOMERS’ ORGANIZATIONS
As you use our Service, you may import into our system Personal Information you have collected from your Members, Owners or other individuals. Members and Owners as users of the Service opt in upon accepting your invitation request to the Service and their use of the Service is governed by the Terms. Consistent with the uses of Personal Information, we may transfer Personal Information of you or your Members or Owners to companies that help us promote, provide, or support our Service or the services of our Customers (“Service Providers”). All Service Providers enter into a contract with us that protects Personal Information and restricts their use of any Personal Information consistent with this policy. As part of our Service, we may use and incorporate into features information you have provided, we have collected from you, or we have collected about Members or Owners. We may share this information, including Member & Owner email addresses, with third parties in line with the approved uses.
If you are a Member or Owner and no longer want to be contacted by one of our Customers’ Organizations or no longer want to experience the benefits of being an Organization Member, you can either unfollow an Organization or be disconnected from an Organization. To be disconnected from an Organization please unsubscribe as Member or Owner from that Organization or contact the Organization directly to request to update or delete your Personal Information. If you contact us, we may remove or update your information within a reasonable time and after providing notice to the Customer’s Organization of your request.
We will retain Personal Information we process on your behalf of on behalf of our Organizations for as long as needed to provide our Service or to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements.
PUBLIC INFORMATION AND THIRD PARTY WEBSITES
(a) Locations. Some areas of the Service allow you to post or upload information, text, graphics, or other material connected to Locations. When posting Content – such as information about a Location as a Member or Owner or information you include in a comment on our Locations as a user – it may be read, collected, and used by anyone. If your Personal Information appears in relation to Locations and you want it removed, contact us here. If we are unable to remove your information, we will tell you why.
(b) Social media platforms and widgets. Our Service includes social media features, such as the Facebook Share button. These features may collect information about your IP address and which page you are visiting on our Service, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our Service. We also maintain presences on social media platforms including Facebook, Twitter, and Instagram. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.
HOW WE PROTECT YOUR INFORMATION
The security of your information is important to us. When you enter sensitive information (such as a credit card number) as part of our service, we encrypt the transmission of that information using secure socket layer technology (SSL).
Map Your City uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information, once we receive it. For example, we continuously and regularly back up your data to help prevent data loss and aid in data recovery. We also guard against common web attack vectors, host data in secure ISO9001, ISO27001, and SSAE16 Type II certified data centers of Digital Ocean in Amsterdam, and implement firewalls and access restrictions on our servers to secure our network and better protect your information. No method of electronic transmission of storage is 100% secure, however, and we cannot ensure or warrant the absolute security of any information you transmit or store in the Service.
Map Your City accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party. Your account passwords are encrypted, which means we cannot see your passwords. We cannot resend forgotten passwords either. We will only reset them.
If you have any questions about security on our Service, you can contact us at email@example.com
YOUR CHOICES ABOUT YOUR INFORMATION
You may, of course, decline to submit personally identifiable information through the Service, in which case Map Your City may not be able to provide certain services to you. You may update or correct your account information at any time by logging in to your account.
– Depending on whether you are using our free services, or are a user of a paid premium account that belongs to you or a Customer, you will have certain choices through your account interface or through your mobile device’s operating system, to opt-out of receiving categories of notices as part of the Service.
MAP YOUR CITY BLOG & COMMUNITY
Our Service offers publicly accessible community services including blogs, and forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts may remain even after you cancel your account.
Protecting the privacy of young children is especially important. Our Service is not directed to persons under 16. Map Your City does not knowingly collect or solicit personal information from anyone under the age of 16 or knowingly allow such persons to register with the Service. If we become aware that we have collected personal information from a child under age 16 without verification of parental consent, we take steps to remove that information. If you believe that we might have any information from or about a child under 16, please contact us at firstname.lastname@example.org.
INTERNATIONAL DATA TRANSFER
As an international company, we may transfer and access Personal Information from around the world, including between and from within the European Union and the United States. Map Your City aims to maintains strong data protection and privacy controls to protect your Personal Information and to ensure its security during international transfer and any periods of storage in foreign locations.
THIRD PARTY SERVICES & EU PRIVACY FRAMEWORKS
When we employ other parties to perform functions on our behalf these parties may be located in the EU/EEA or the United States of America (“USA”). Any party employed by us that is located in the USA complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. To learn more about the Privacy Shield program, please visit https://www.privacyshield.gov/.”
We may share some of your information with these service providers in order for them to provide their services, analyzing data, providing marketing assistance, conducting customer and/or user profiling, and providing customer service. As such, the terms and privacy policies of these service providers may apply to you as well, in particular: Google Analytics, Google Adwords, Google Tag Manager, Google Recaptcha, Helpscout, MailChimp. Acceptance of these service provider terms is required to access the website and Service. Further information is set out below in our Cookie Statement
We will give an individual, either you or a Member or Owner, access to any Personal Information we hold about them within 30 days of any request for that information. Individuals may request to access, correct, amend or delete information we hold about them by contacting us here. Unless it is prohibited by law, we will remove any Personal Information about an individual, either you or a Member or Owner, from our servers at your or their request. There is no charge for an individual to access or update their Personal Information.
Last updated: October 6, 2017
To Understand this Cookie Statement
What are cookies?
Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information.
Cookies set by the website owner (in this case, Map Your City) are called “first party cookies”. Cookies set by parties other than the website owner are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognise your computer both when it visits the website in question and also when it visits certain other websites.
The specific types of cookies served through our Service and the purposes they perform are described below:
Essential Website Cookies
These cookies are strictly necessary to provide you with services available through our websites and to use some of its features, such as access to secure areas. Because these cookies are strictly necessary to deliver the websites to you, you cannot refuse them without impacting how our websites function. You can block or delete them by changing your browser settings, as described under the heading “How can I control cookies?” in the Cookie Statement.
Performance and Functionality Cookies
These cookies are used to enhance the performance and functionality of our websites but are non-essential to their use. However, without these cookies, certain functionality may become unavailable.
Analytics and Customization Cookies
These cookies collect information that is used either in aggregate form to help us understand how our websites are being used or how effective our marketing campaigns are, or to help us customize our websites and application for you in order to enhance your experience.
Advertising (Targeting) Cookies
These cookies are used to make advertising messages more relevant to you and your interests. They also perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed, and in some cases selecting advertisements that are based on your interests. For further information, see the section of the Cookie Statement entitled “Targeted advertising”.
Other tracking technologies
We and our third party partners may use other, similar technologies from time to time, like web beacons, pixels (or “clear gifs”) and other tracking technologies. These are tiny graphics files that contain a unique identifier that enable us to recognise when someone has visited our Service or, in the case of web beacons, opened an e-mail that we have sent them. This allows us, for example, to monitor the traffic patterns of users from one page within our Service to another, to deliver or communicate with cookies, to understand whether you have come to our Service from an online advertisement displayed on a third-party website, to serve targeted advertisements to you and others like you, to improve site performance, and to measure the success of marketing campaigns. While you may not have the ability to specifically reject or disable these tracking technologies, in many instances, these technologies are reliant on cookies to function properly; accordingly, in those instances, declining cookies will impair functioning of these technologies.
We have engaged one or more third party service providers to track and analyse both individualized usage and volume statistical information from interactions with our Service. We also partner with one or more third parties (such as advertisers and ad networks) to display advertising on our Service and/or to manage and serve advertising on other sites.
How can I control cookies?
Cookie Preference Tool: You have the right to decide whether to accept or reject cookies. You can exercise your cookie preferences by visiting our cookie settings preference center, available here: Privacy Settings. You can also exercise your cookie preferences by visiting the TRUSTe preference center by clicking this link: http://preferences-mgr.truste.com/.
Disabling Most Interest Based Advertising: Most advertising networks offer you a way to opt out of Interest Based Advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com.
Mobile Advertising: You can opt out of having your mobile advertising identifiers used for certain types of Interest Based Advertising, including those performed by us, by accessing the settings in your Apple or Android mobile device and following the most recent published instructions. If you opt out, we will remove all data about you and no further data collection or tracking will occur. The random ID we (or our third party partners) had previously assigned to you will also be removed. This means that if at a later stage, you decide to opt-in, we will not be able to continue and track you using the same ID as before, and you will for all practical purposes be a new user to our system.
Do Not Track: Some Internet browsers – like Internet Explorer, Firefox, and Safari – include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT” signals have not been adopted, our Websites do not currently process or respond to “DNT” signals. Map Your City takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard. To learn more about “DNT”, please visit All About Do Not Track.
How often will you update this Cookie Statement?
The date at the bottom of this Cookie Statement indicates when it was last updated.
Where can I get further information?