Mapme Terms of Use

Last Revised: October 3, 2018

Welcome to Mapme.com’s Terms of Use! We are excited to have you aboard. Thank you for choosing to use our services.

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone.​

1. Introduction

1.1. Our Purpose

Our services offer our users the ability to easily create beautiful interactive maps without any programming. We offer numerous features for adding content, customizing and publishing maps. The interactive maps created by Users are collectively referred to herein as (“User Platform(s)”).

These Mapme.com Terms of Use (“Terms of Use”) set forth the entire terms and conditions applicable to each visitor or user (“User” our “you”) of the Mapme Website and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the Mapme Website – the “Mapme Services” or “Services”).

The Mapme Terms constitute a binding and enforceable legal contract between Map Labs Ltd. and its affiliated companies and subsidiaries worldwide (“Mapme”, “us” or “we”) and you in relation to the use of any Mapme Services – so please read them carefully.

You may visit and/or use the Mapme Services and/or the Mapme App only if you fully agree to the Mapme Terms – and by using and/or registering to any of the Mapme Services, you signify and affirm your informed consent to these Terms of Use and any other Mapme Terms applicable to your use of any Mapme Services. If you do not read, fully understand and agree to the Mapme Terms, you must immediately leave the Mapme Website and avoid or discontinue all use of the Mapme Services.

By using our Services, you acknowledge that you have read our Privacy Policy available at http://mapme.com/about/privacy (“Privacy Policy”).

1.3. User Account

In order to access and use certain sections and features of the Mapme Services, you must first register and create an account with Mapme (“User Account”).

If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Mapme Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

We strongly recommend you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust – as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using the Mapme Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.

Mapme will consider the owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant Mapme Service, as the person or entity who has access to the e-mail address then listed in Mapme’s records for such User Account under which such User Platform or User Content was created.

If any Paid Services (as defined in Section 5 below) were purchased via a User Account, Mapme will consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”).

Notwithstanding the forgoing, Mapme shall have the right to determine the ownership of User Content as it chooses, including by ignoring the indications set forth above, in event Mapme deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Mapme.

2. Your Obligations

2.1. You represent and warrant that:

  1. you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Mapme Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Mapme Terms;
  2. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
  3. you understand that Mapme does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
  4. And specifically regarding your User Content:
  5. you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by Mapme Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
  6. you have (and will maintain) the full power, title, licenses, consents and authority to allow Mapme Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.
  7. the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for Mapme and/or your End Users to access, import, copy, upload, use or possess in connection with the Mapme Services;
  8. you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

2.2. You undertake and agree to:

  1. fully comply with all applicable laws and any other contractual terms which govern your use of the Mapme Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
  2. be solely responsible and liable with respect to any of the uses of the Mapme Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Mapme Services);
  3. receive from time to time product updates and promotional messages from Mapme by e-mail or in-app messages. If you wish not to receive such message – please just unsubscribe at any time;
  4. allow Mapme to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Mapme’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Mapme or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses. If you do want Mapme to use your User Platform for marketing and promotional activities, please notify us at any time;
  5. Mapme’s sole discretion as to the means, manner, and method for performing the Mapme Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content.
  6. ​Mapme shall have the right to offer the Mapme Services in alternative price plans and impose different restrictions as for the use of the Mapme Services in each price plan

2.3. You agree and undertake not to

  1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Mapme Website, the Mapme Services (or any part thereof), any Content offered by Mapme or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Mapme’s prior written and specific consent and/or as expressly permitted under the Mapme Terms;
  2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Mapme or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
  3. use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
  4. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
  5. upload, insert, collect or otherwise make available within the Mapme Website or the Mapme Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
  6. publish and/or make any use of the Mapme Services or Licensed Content on any website, media, network or system other than those provided by Mapme, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Mapme Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Mapme, in advance and in writing;
  7. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Mapme Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Mapme Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Mapme Services;
  8. act in a manner which might be perceived as damaging to Mapme’s reputation and goodwill or which may bring Mapme into disrepute or harm;
  9. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Mapme or Mapme Marks and/or variations and misspellings thereof;
  10. impersonate any person or entity or provide false information on the Mapme Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Mapme and/or any End Users;
  11. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Mapme or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
  12. reverse look-up, trace, or seek to trace another User of Mapme Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Mapme Services and/or User Platform without their express and informed consent;
  13. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Mapme Services, User Platform, the account of another User(s), or any other systems or networks connected to the Mapme Services, by hacking, password mining, or other illegitimate or prohibited means;
  14. probe, scan, or test the vulnerability of the Mapme Services or any network connected to the Mapme Services;
  15. upload to the Mapme Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  16. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Mapme Services or Mapme’s systems or networks connected to the Mapme Services, or otherwise interfere with or disrupt the operation of any of the Mapme Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
  17. use any of the Mapme Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
  18. access to Mapme Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
  19. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Mapme Services, except as expressly permitted by the Mapme Terms;
  20. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Mapme Services and/or Licensed Content; or
  21. violate, attempt to violate, or otherwise fail to comply with any of the Mapme Terms or any laws or requirements applicable to your use of the Mapme Services.
  22. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

​You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

3. Content and Ownership

3.1. Your Intellectual Property

As between Mapme and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Mapme does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.

3.2. Mapme’s Intellectual Property

All rights, title and interest in and to the Mapme Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Mapme Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Mapme.

Subject to your full compliance with the Mapme Terms and timely payment of all applicable Fees, Mapme hereby grants you, upon creating your User Account and for as long as Mapme wishes to provide you with the Mapme Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Mapme Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Mapme Terms, and solely within the Mapme Services.

The Mapme Terms do not convey any right or interest in or to Mapme’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Mapme Terms constitutes an assignment or waiver of Mapme’s Intellectual Property rights under any law.

 3.3. Prints

You may make static exports and prints for non-commercial purposes such as flyers, posters, or other short publications for academic, non-profit, or personal use. All  material must contain the credit attribution located at the bottom of the map.

Commercial printing depends on the terms of use of the basemap provider.

3.3. Feedback and Suggestions

If you provide us with any suggestions, comments or other feedback relating to the Mapme Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Mapme. By providing such Feedback to Mapme, you acknowledge and agree that it may be used by Mapme in order to: (i) further develop, customize and improve of the Mapme Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Mapme -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Mapme may use to provide and improve its services, (vi) to enhance Mapme data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Mapme any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

4. Service Fees

4.1. Paid Services
The use of certain Mapme Features and Services are subject to payment of particular fees, as determined by Mapme in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Mapme will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

Mapme reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Mapme shall have the right to automatically and without notice renew your subscription to such Mapme Service(s) at the full applicable Fee.

All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Mapme. To the extent permitted by law (and unless specified otherwise by Mapme in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Mapme Services, or to any payments or purchases made by you. If Mapme is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Mapme is not responsible for any such additional fees or costs.

As part of registering or submitting information to receive Paid Services, you also authorize Mapme (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Mapme or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

4.2. Invoices

Mapme and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by Mapme (“Invoice”). Each Invoice will be issued in electronic form will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.

4.3. Subscription Auto-Renewals

Mapme Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, Mapme will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice.

By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.

4.4. Chargebacks

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Mapme account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Mapme Services may be automatically disabled or terminated.

In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account may be lost. 

If you have any questions or concerns regarding a payment made to Mapme, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Mapme Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Mapme Services purchased (and charged-back) by you.

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.

5. Cancellation

5.1. Cancellation by User

You may discontinue to use and request to cancel your User Account and/or any Mapme Services at any time, in accordance with the instructions available on the Mapme Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Mapme Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least three (3) days prior to the expiration of the then-current service period.

5.2. Cancellation by Mapme

Failure to comply with any of the Mapme Terms and/or to pay any due Fee shall entitle Mapme to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Mapme Services (e.g., Paid Services).

5.3. Loss of Data, Content and features

If your User Account is cancelled (whether at your request or at Mapme’s discretion), it may cause or result in the loss of data, content and features of your User Account. Mapme shall not be liable in any way for such loss. Please also note that additional Fees may apply to re-activation of a User Account following their cancellation, as determined by Mapme in its sole discretion.

 

6. Disclaimer of Warranties

We provide the Mapme Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Mapme Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Mapme Services.

Mapme may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

Notwithstanding anything to the contrary in the foregoing, in no circumstances may Mapme be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Mapme Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Mapme shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

You acknowledge that there are risks in using the Mapme Services and/or connecting and/or dealing with any Third Party Services through or in connection with Mapme Services, and that Mapme cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

Please note that certain Mapme Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Mapme Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Mapme Services at this BETA stage signifies your agreement to participate in such Mapme Services’ BETA testing.

7. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, Mapme, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Mapme Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Mapme Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Mapme Services; (6) events beyond the reasonable control of Mapme, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Mapme Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Mapme’s services to you, and such limitations will apply even if Mapme has been advised of the possibility of such liabilities.

8. Indemnity

You agree to defend, indemnify and hold harmless Mapme, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other Mapme Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Mapme Services, including, without limitation, Mapme Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

9. General

9.1. Changes & Updates

Mapme reserves the right to change, suspend or terminate any of the Mapme Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Mapme Services (including removal of any materials created by you in connection with the Mapme Services) for any reason and/or change any of the Mapme Terms with or without prior notice – at any time and in any manner.

You agree that Mapme will not be liable to you or to any third party for any modification, suspension or discontinuance of those Mapme Services.

If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account, continue to support your then-current Mapme Services without enabling such changes, or provide you with alternative Services.

9.2. Governing Law & Jurisdiction; Class Action Waiver

The Mapme Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Mapme Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Mapme Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Israel, without respect to its conflict of laws principles.

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Tel Aviv, Israel. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Subject to any applicable law, all disputes between you and Mapme shall only be resolved on an individual basis and you shall not have the right to bring any claim against Mapme as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

9.3. Notices

We may provide you with notices in any of the following methods: (1) via the Mapme Services, including by a banner or pop-up within the Mapme Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Mapme’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

9.4. Relationship

The Mapme Terms, and your use of the Mapme Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Mapme and you.

9.5. Entire Agreement

These Terms of Use, together with the Mapme Terms and any other legal or fee notices provided to you by Mapme, shall constitute the entire agreement between you and Mapme concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Mapme and you, including those made by or between any of our respective representatives, with respect to any of the Mapme Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Mapme in entering into any of the Mapme Terms.

9.6. Assignment

Mapme may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Mapme Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Mapme. Any attempted or actual assignment thereof without Mapme’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎15.6 shall not in itself grant either Mapme or you the right to cancel any Mapme Services or Third Party Services then in effect.

9.7. Severability & Waivers

If any provision of the Mapme Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Mapme Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.