1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE. MapIt Link Portal, owned and operated by The Map Network ("TMN"), is provided under the terms and conditions in these MapIt Link Portal Terms of Service, the Privacy Policy, and any operating rules or policies, as each may be amended from time to time by TMN (the "MLPTS"). BY USING THE SERVICES, OR BY COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE MLPTS.
Reference to “you” and “your” refer to the person accessing the Site.
2. DESCRIPTION OF SERVICE. MapIt Link Portal provides various publishing and community services, including but not limited to the capability of its adult visitors to register as members ("Members") and to post information to a web page and participate in web-based discussions (the "Service"). You must be 18 years of age or older in order to register on the MapIt Link Portal site. You agree to provide accurate, current and complete information on the Service's registration form should you chose to register, (such information being the "Registration Data") and (b) promptly update the Registration Data to keep it accurate, current and complete. The Service is provided for your personal use only.
Some of these services will be free of charge, others may cost money or have other requirements. The requirements or fees for any service or option will be explained on the applicable page, and separately agreed to when you implement those options, if any. You will be responsible for all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; for your access to the World Wide Web, and for any telephone, broadband or wire service fees associated with such access.
3. MODIFICATIONS TO TERMS OF SERVICE. TMN may change the terms and conditions of the MLPTS from time to time by posting the changes on the site. TMN may also from time to time request that you acknowledge your continued agreement to the MLPTS by posting the current MLPTS as a start-up screen prior to your subsequent use of the Service. If you agree to be bound, you must again click the "I Accept" button that will follow the posted changes. If you do not click the "I Accept" button, you cannot continue your use of the Service.
Your continued use of the Service constitutes your agreement to the MLPTS and to all MLPTS modifications.
4. MODIFICATIONS TO SERVICE. TMN reserves the right to modify or discontinue the Service with or without notice to you. TMN shall not be liable to you or any third party should TMN exercise MLPTS right to modify or discontinue the Service.
5. PRIVACY POLICY. Click on the link to the MapIT Privacy Policy to review the applicable privacy policy [insert link].
6a. CONTENT OWNERSHIP. Unless stated otherwise for specific services, you will retain copyright ownership in the works of authorship ("works") you publish through MapIt Link Portal or otherwise enter into MapIt Link Portal-related services. By so posting or publishing such works, you grant to TMN a non-exclusive, perpetual, transferable right to use, copy, modify, publish, distribute and perform any and all such works without any further authorization or payment. You further agree not to post any works for which you do not have the legal right to provide TMN the license required by this section.
6b. CONTENT RESPONSIBILITY. TMN neither endorses the contents of any Member communications nor assumes responsibility for the content. TMN does not undertake to monitor communications and postings. However, TMN reserves the right to take down or terminate any content that TMN, in its discretion, considers to be in violation of the MLPTS.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY. Once you become a member of the Service, you shall receive a password and an account. You agree to maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time, you may also set up a new account and close an old one at your convenience.
You agree to immediately notify TMN of any unauthorized use of your account or any other breach of security known to you.
8. DISCLAIMER OF WARRANTIES. USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TMN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TMN MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
YOU AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
TMN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY. TMN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. NO RESALE OF THE SERVICE. You agree not to resell the Service, without the written consent of TMN. (Note: Setting up blogs for clients to update their web pages and charging for your time is fine.)
11. STORAGE AND OTHER LIMITATIONS. TMN assumes no responsibility for the deletion or failure to store information entered into MapIt Link Portal. TMN reserves the right to remove or discard any such information.
TMN currently has set no fixed upper limit on the number or size of posts you may send or receive through the Service but reserves the right to do so at any time. Additionally, TMN retains the right, at TMN's sole discretion, to determine whether or not your conduct is consistent with the letter and spirit of the MLPTS and may terminate your access to the Service if your conduct is found to be inconsistent with the MLPTS.
12. MEMBER CONDUCT. You are solely responsible for the contents of your transmissions through the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations.
The Service makes use of the Internet to send and receive certain messages; therefore, your conduct is subject to Internet regulations, policies and procedures. You agree to comply with all regulations, policies and procedures of networks connected to the Service.
You agree not to:
a. transmit through the Service any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature;
b. transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
c. attempt to gain unauthorized access to other computer systems or to interfere with another Member's use and enjoyment of the Service;
d. use the Service for illegal purposes;
e. interfere or disrupt networks connected to the Service;
f. use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process;
g. impersonate any person or entity, including, but not limited to, a TMN officer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or information transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
i. upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
j. attempt to alter any Content which has been posted by any other user of the Service.
TMN may, at its sole discretion, immediately suspend or terminate your access to the Service should it believe you have failed to conform with the MLPTS.
13. INDEMNIFICATION. You agree to indemnify and hold TMN, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, the violation of this MLPTS, or the infringement of any intellectual property or other right of any person or entity by you or anyone using your password or account.
14. TERMINATION. You may terminate the Service with or without cause at any time and effective immediately. TMN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. TMN shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Should you become dissatisfied with the Service in any way, your only recourse is to delete the materials you have uploaded, and to discontinue use of the Service.
Upon termination of the Service, your right to use the Service immediately ceases. You shall have no right and TMN will have no obligation thereafter to post or forward any unread or unsent messages to or from you.
15. NOTICES. All notices to a party shall be in writing and shall be made either via email or conventional mail. TMN may broadcast notices or messages through the Service to inform you of changes to the MLPTS, the Service, or other matters of importance; such broadcasts shall constitute notice to you.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding you and the advertiser. TMN assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Use of such sites and resources is at your risk. TMN is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, promotions or other materials on or available from such sites or resources. TMN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such site or resource, or any content, goods or services, promotions available on or through any such site or resource.
17. PROPRIETARY RIGHTS TO CONTENT. You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to You by the Service ("Content") by TMN or TMN's advertisers or other licensors, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, you are only permitted to use this Content as expressly authorized. You may not copy, reproduce, distribute, or create derivative works from this Content without written authorization from TMN.
18. LAWS. The MLPTS shall be governed by and construed in accordance with the laws of the District of Columbia, excluding MLPTS conflict of law provisions.
You agree to submit to the exclusive jurisdiction of the courts of the District of Columbia. If any provision(s) of the MLPTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
TMN's failure to exercise or enforce any right or provision of the MLPTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TMN in writing.
You agree that any cause of action arising out of or related to this Service must be brought by you within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the MLPTS are solely used for the convenience of the parties and have no legal or contractual significance.
19. COPYRIGHTS. TMN respects the intellectual property rights of others and we ask our users to do the same. Please see our copyright policy at [LINK]. If you believe material posted on the Site infringes the copyright in your work, instructions on how to notify our designated agent of such concerns are included in that policy.
20. GENERAL. The MLPTS constitutes the entire agreement between you and TMN with respect to your use of the Service, superseding any prior agreements with respect to the Services between you and TMN, The MLPTS and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sub licensable by you.