Date Effective: August 21, 2020
These Terms of Service (“Terms”) govern your access to and use of Campus Maps ("we", "us", "our") services, including our websites, apps, products, emails, notifications, ads, and services (together, the "Service(s)"). By using the Services you irrevocably agree to be bound by these Terms and acknowledge that we would not otherwise offer or permit access to the Services. You are prohibited from accessing or using the Services if you are unwilling or unable to be bound by all of the Terms.
1. Changes to the Terms
We may modify the Terms from time to time. If we make material changes to these Terms, we will notify you by making the revised version available here, and will indicate the effective date at the top of the page. It is your responsibility to review these Terms prior to each use of the Services. By using the Services you are irrevocably agreeing to the latest version of the Terms at that time. If you do not agree to the updated Terms, you are prohibited from using the Services and must cease use and access of the Services immediately. This page will always contain the latest version of the Terms.
You must be at least 13 years old to use or access the Services. You must reside in an area where it is legal to use the Services. You must not be a resident within the European Union or otherwise subject to the "General Data Protection Regulation", also known as GDPR.
If you are eligible to use the Services, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access the Services in compliance with the Terms; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, rent, loan, or frame content from the Services, excluding content that you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from all content including but not limited to text, images, photos, audio, video, location data, ratings, reviews, comments, posts, events, location data, uploads, and all other forms of data or communication you submit or transmit to the Services ("Your Content").
In course of using the Services, you agree to refrain from: extracting or copying information contained on the Services, using the Services in any way other than what they are designed for; degrading the Services for other users; placing burden on the Services; data pilfering; data mining; data selling; attempting to uncover information not directly provided by a button or link on the Services; attempting to decompile or reverse engineer any software or API's contained in the Services; removing any copyright or other proprietary notions from the Services or their content; accessing or monitoring any material, data, or information on any of the Services using any manual process or robot, spider, scraper, or other automated or non-automated means unless we have requested you to do so; abusing information you have found on the Services for inappropriate use; creating a "mirror" of our Services or content.
Use of the Services is at your own risk, including the risk that you might be exposed to material that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
We may moderate content on the Services at our discretion through a number of actions including but not limited to editing, hiding, or deleting the content in question. We may also moderate users by limiting their accounts, terminating their accounts, or taking further action such as banning an IP address. You agree not to bypass or attempt to circumvent our moderation. You agree we are not liable for moderating, not moderating, or representations as to moderating the Services. You agree that nothing we say or do waives our right to moderate or not to moderate.
Commercial use of the Services requires our commercial use license. You may apply for a commercial use license by contacting our support.
The Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.
We reserve the right to use our judgment as to when it is appropriate to take action and what our action will be. We are under no obligation to enforce the Terms on your behalf against another party.
You agree not to, and not to assist, encourage, or enable others to:
- Scrape or copy content from the Services by any automated or non-automated means, including but not limited to robots, spiders, scripts, or human methods;
- Violate any third party's rights, including breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others;
- Upload or provide any content or otherwise post, transmit, distribute, or disseminate through the Services any material that is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, discriminatory, or inflammatory in nature or substance;
- Promote a business or other commercial or for-profit activity except by purchasing our paid services and as expressly permitted by us;
- Making repeated or multiple posts containing identical or similar content;
- Degrade the quality, reliability, perceived value, or user experience of the Services by any means;
- Solicit personal information from minors, or submit or transmit pornography;
- Violate any applicable law;
- Violate the Terms;
- Modify, adapt, appropriate, reproduce, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services or our content, except as expressly authorized;
- Reverse engineer any portion of the Services;
- Record, process, or mine information from the Services, including but not limited to about users, activity, or content on the Services;
- Attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Services through hacking, password mining, or any other means;
- Place what in our sole discretion constitutes an unreasonable load on our Services or infrastructure;
- Use the Services to transmit any computer viruses, worms, defects, or other items or software of a destructive nature;
- Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use of copying our content, or features that enforce limitations on the use of the Services.
6. Suggestions and improvements
By sending us any concepts, ideas, suggestions, documents, or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against us and our users, any claims and assertions of any moral rights contained in such Feedback.
7. Your account
You must create an account to access parts of the Services. You are allowed to create exactly one account, ever, or risk all accounts and future accounts being banned permanently. You are not permitted to access the accounts of others, or risk both your and their accounts being banned permanently. You are responsible for maintaining the confidentiality of your password. You are responsible for all activities that occur associated with your account. You are responsible for keeping your account details private and preventing others from accessing your account for example, by remembering to log out on a shared device. You represent that the information you provide in connection with your registration is current, complete, and accurate. You represent that your user name is not offensive and does not violate any law or intellectual property rights. You understand that we may modify user names at our discretion and without notice, or ban, terminate, or delete accounts completely. You agree not to sell, transfer, or otherwise share your account without our prior express authorization in writing.
By creating an account, you agree to receive certain communications with regards to the Services. For example, you may receive communications from other users replying to you or posting on Your Content resulting in "transactional" emails or push notifications. You may also receive periodic email communications from us.
You assume sole responsibility for Your Content. Once Your Content is submitted, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, reliability, or any information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by us. You may expose yourself to liability through Your Content, for example, if Your Content contains material that is false; intentionally misleading; defamatory; violates any third-party right including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual or property right; contains material that is unlawful, including hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
We may use Your Content in many ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own services ("Other Platforms"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Services and any Other Platforms the right to access Your Content in connection with their use of the Services and Other Platforms. Finally, you irrevocably waive, and cause to be waived, against us and our users any claims and assertions of moral rights or attribution with respect to Your Content and submissions. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and us, you own Your Content. We own our content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including but not limited to, our compilation of user's content and other content of ours, computer code, products, software, aggregate user review ratings, and all other elements and components of the Services excluding Your Content, other user's content, and third party content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with Campus Maps and the Services, which are protected by copyright, trade dress, patent, trademark laws, and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of our content in whole or in part except when expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and our content are retained by us.
We and our licensees and Other Platforms may display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
User generated content (Including any that may have been created by users employed or contracted by us) does not necessarily reflect our opinion. We reserve the right to remove, screen, edit, or reinstate user generated content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
9. Third Parties
The Services may include links, embedded content, or references to external websites or applications ("Third Party Sites"). We do not control or endorse any Third Party Sites. You agree that we are not responsible for the availability or contents of such Third Party Sites.
You agree to indemnify, defend, and hold Campus Maps, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Campus Maps Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Services, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Services, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Campus Maps. Campus Maps will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11. Disclaimers and limitation of liability
Please read this section carefully because it limits the liability of the Campus Maps Entities to you. Each of the subsections below applies to the full extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited. By accessing or using the Services, you represent that you have read, understood, and agree to all of the Terms, including this section.
THE SERVICES ARE MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE CAMPUS MAPS ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE CAMPUS MAPS ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE TIMELINESS, PROPRIETY, SECURITY, QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICES, ITS SAFETY OR SECURITY, OR THE CONTENT ON THE SERVICES. ACCORDINGLY, THE CAMPUS MAPS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICES'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE DATA OR CONTENT AVAILABLE THROUGH THE SERVICES.
THE CAMPUS MAPS ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY PARTNERS OR BUSINESSES LISTED ON THE SERVICES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE CAMPUS MAPS ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
THE CAMPUS MAPS ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE CAMPUS MAPS ENTITIES IN CONNECTION WITH THE SERVICES IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE CAMPUS MAPS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree any claim, cause of action or dispute ("Claim") arising out of or related to the Terms or your use of the Services will be governed by the laws of the State of Texas without regard to your location or any conflict or choice of law principle;
Claims must be resolved exclusively by state or federal courts in Texas, United States (except we may seek injunctive remedy anywhere);
You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum;
Any Claim must be filed by 1 year after it arose or be forever barred;
To indemnify Campus Maps entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your use of the Services;
You are responsible for Terms breaches by those paid by you directly or indirectly with incentive to access the Services
To pay us for breaching or inducing others to breach Section 4, titled "Use", not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $25 per location detail collected (a single detail could be the location name, its latitude or longitude, acronym, building number, or any other information about it).
13. Force Majeure
Campus Maps shall be excused from its obligations for any period to the extent that Campus Maps is prevented from performing, in whole or in part, its obligations under this Agreement, as a result of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s), or request(s) prove(s) to be invalid), Internet or other communications failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, foreign or domestic court order, third party non-performance (including the acts or omissions of any suppliers, agents, or subcontractors) or any other cause beyond Campus Maps’s reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines or other equipment, whether electronic or otherwise.
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.
You may terminate the Terms at any time by closing your account, discontinuing your use of the Services, and providing Campus Maps with a notice of termination by emailing our general support.
We may close your account, suspend your ability to use certain portions of the Services, and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Services, Your Content, Services Content, or any other related information.
In the event of any termination of these Terms, whether by you or us, Sections 1, 6, 8, 10-14 will continue in full force and effect, including our right to use Your Content as detailed in Section 8.
16. General Terms
We reserve the right to modify, update, or discontinue the Services at our sole discretion, at any time, and without notice or liability.
The Terms contain the entire agreement between you and us regarding the use of the Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
Any failure on Campus Maps's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Campus Maps's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
17. Copyright infringement and DMCA policy
If you believe your copyright has been infringed, or your intellectual property rights otherwise violated, please send us a notice via email to firstname.lastname@example.org with the following information:
- Identification of the copyrighted or trademarked work that you claim has been infringed;
- Identification of the allegedly infringing content, and information reasonably sufficient to permit Campus Maps to find it on the site (e.g. the URL where the content appears);
- A statement by you that you have good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;
- A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf; and
- Your electronic signature, together with your contact details including address, telephone number, and email address,
We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user's account if the user is determined to be a repeat infringer.