These Terms of Service apply to all users of the TargetMap website (the "Site"), including users who are also contributors ("Publisher") of content, information, and other materials on, or made available through, the Site.
The owner of the Site, TargetMap ("referred to herein as "We" or "TargetMap") may modify or terminate any services offered by TargetMap from time to time (the "Services"), for any reason, and without notice, including the right to terminate with or without notice, without liability to you (except as expressly provided in the applicable terms relating to payment services offered by TargetMap for a fee ("Business Services")), any other user or any third party. We reserve the right to modify these Terms of Service in our sole discretion without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
If you do not agree to any of these terms, then please do not use this Site or any TargetMap Services.
This site displays and/or makes available uploaded data (from now on, Data), which are uploaded or linked to by users, over whom TargetMap exercises no control. TargetMap cannot and does not screen the data before or after allowing them to be made available to third parties (except for the first map published by every user). Data may contain information that some people find objectionable, inappropriate, or offensive. We cannot guarantee that any Data made available via the Site will be free of objectionable content. We therefore assume no responsibility for any Data on, or otherwise linked to, the Site.
There are three (3) types of TargetMap user account types: Share, Not to Share and Premium. Terms related to each are set forth below.
1. General Terms
You agree to pay the then-current fee for the Premium account. All currency references are in U.S. dollars.
2. Payment for Subscription
For pay account types, payment occurs on a pre-pay basis. Before your account expires TargetMap will send you a notification regarding you to update your account. TargetMap doesn't store your credit card information and doesn't renew automatically your account, you need to update your Premium account manually.
3. Cancellation of Subscription
Please note, unless TargetMap gives notice to the contrary, payment for subscriptions are non-refundable.
If your credit card is invalid for any reason, your for-pay TargetMap account will be deleted.
All content on the Site, other than the Data displayed on the Site or otherwise made available via the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("TargetMap Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to TargetMap, subject to trademark, copyright and other intellectual property rights under United States and foreign laws and international conventions. TargetMap Content, and Data made available on or via the Site, are provided to you AS IS for your information and personal use (or, as applicable, for Permitted Business Use) only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of TargetMap or the respective owners of such Data. TargetMap reserves all rights not expressly granted in and to the Site and the TargetMap Content. You agree to not engage in the use, copying, or distribution of any of the TargetMap Content or Data, other than expressly permitted herein, including any use, copying, or distribution of Data of third parties obtained through the Site for any commercial or service bureau purposes. If you download or print a copy of any TargetMap Content or Data for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any TargetMap Content or Data, or enforce limitations on use of the Site or the TargetMap Content or Data displayed or made available therein.
A. Public Maps
If you have a Share account, you understand that whether or not your Data are displayed or otherwise made available, TargetMap does not guarantee any confidentiality or security with respect to any such Data.
You shall be solely responsible for your Data and the consequences of posting or publishing them. In connection with Data, you affirm, represent, and/or warrant that:
Nothing in these Terms of Service change, affect or diminish in any way whatever rights Editors may have in the Data.
By submitting the Data to TargetMap, however, you hereby grant TargetMap a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Data in connection with the Site and TargetMap's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (except to the extent limited by, and expressly stated in the applicable additional terms and conditions for, Premium Services offered by TargetMap). You also hereby grant each user of the Site (subject to such limitations, if any, that may apply with respect to Premium Services) a non-exclusive license to access your Data through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Data as permitted through the functionality of the Site and under these Terms of Service. Certain Data may be provided with, and subject to, other licenses, such as the Creative Commons license, which may affect how you use those Data. Users of such Data may see the specific licenses referred to, and included via links included, in any such Submission. Publishers who make their Data available subject to any such third-party licenses hereby agree to comply with all policies and conditions associated with such use and distribution. For more information about Creative Commons, please check creativecommons.org
You hereby represent and warrant that you will not:
TargetMap does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and TargetMap will remove all Data if properly notified that such Submission infringes on another's intellectual property rights. TargetMap reserves the right to remove Data without prior notice. TargetMap will also terminate a User's access to its Site, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a Submission removed from the Site more than twice. TargetMap also reserves the right to decide whether any Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, misleading data, useless ReportMaps or excessive length. TargetMap may remove such Data and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You understand that when using the TargetMap Site, you will be exposed to Data from a variety of sources, and that TargetMap is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Data. You further understand and acknowledge that you may be exposed to Data that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TargetMap with respect thereto, and agree to indemnify and hold TargetMap, its officers, directors, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
Publishers understand and agree that third-party advertising, in any commercially reasonable format, made be made available to users of the Site, including in connection with uploaded Data. Publishers expressly agree that they shall not be entitled to any sharing or other compensation whatsoever for any revenue generated by (or received by TargetMap for) the display of any such advertisements.
B. Private Maps
If you have a Not to Share or Premium account, TargetMap does guarantee complete confidentiality and security with respect to your uploaded Data.
TargetMap employers will not have access to your data unless you give them specific permission and only in order to solve any problem you could have.
TargetMap guarantees that we will not sale, use, make public or redistribute any uploaded data by private users.
No publicity will never be shown to private users when identified.
TargetMap does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and TargetMap will remove all Data if properly notified that such Submission infringes on another's intellectual property rights. TargetMap reserves the right to remove Data without prior notice. TargetMap will also terminate a User's access to its Site, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a Submission removed from the Site more than twice. TargetMap also reserves the right to decide whether any Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. TargetMap may remove such Data and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You shall be solely responsible for the images and/or logos you upload in TargetMap, and the consequences publishing them.
In connection with images and logos, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use it and authorize TargetMap to show it in the map symbol legend.
This Site can be accessed from countries around the world and may contain references to TargetMap services that are not available in your country. These references do not imply that TargetMap intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by Mapgenia SL from its offices within Spain. Mapgenia makes no representation that the Site, the Services or Materials are appropriate or available for use at other locations outside Spain, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside Spain, you are responsible for compliance with all local laws.
TO THE FULLEST EXTENT PERMITTED BY LAW, TARGETMAP DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY DATA.
THE TARGETMAP SERVICES, AND ALL DATA AND OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE TARGETMAP SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. TARGETMAP AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. TARGETMAP AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TARGETMAP SERVICES. TARGETMAP AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY SUBMISSION OR ANY TARGETMAP SERVICE. TARGETMAP AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH ANY TARGETMAP SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE TARGETMAP SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE TARGETMAP SERVICES.
YOU AGREE THAT YOUR USE OF THE SITE AND ALL DATA SHALL BE AT YOUR SOLE RISK.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE TARGETMAP SERVICES, INCLUDING BUT NOT LIMITED TO ANY DATA AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TARGETMAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT SHALL TARGETMAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY:
TARGETMAP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND TARGETMAP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT TARGETMAP SHALL NOT BE LIABLE FOR USER DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site is controlled and offered by TargetMap from its facilities in Spain. TargetMap makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless TargetMap, its parent corporation, officers, directors, employees, affiliates and agents, 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:
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TargetMap without restriction. Under no circumstances shall TargetMap or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service will be governed by and construed in accordance with the laws of Spain, without giving effect to its conflict of laws provisions of country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service (along with all terms and policies linked from these Terms of Service, which are incorporated by reference) constitute the entire agreement between the parties with respect to the Site and any Services provided or offered by TargetMap.
No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and TargetMap's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Your use of the Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
YOU AND TARGETMAP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE AND/OR ANY SERVICES PROVIDED BY TARGETMAP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below.
To expedite our ability to process your request, please use the following format (including section numbers):
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights.
Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Your privacy is important to us, as it is to you. We will not give, sell or rent your email address to any third party at any time, for any reason.
When you register with us, we ask you to provide your name, an email address and an account password. We use your email address to send administrative email messages to you from time to time. For certain business services, we also request credit card or other payment account information.
You can decide not to submit personal information, in which case we won't be able to make the TargetMap services available to you.
At your option, and in your sole discretion, you may provide us with certain demographic information, such as your city and country. This information is collected to facilitate the social networking that is inherent in the services. We will not distribute that information with any other personal information about you, except to the extent that content you submit for publication on the site specifically includes any such personal information.
When you use our services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
When you send email or other communication to us, we may retain those communications in order to process your inquiries, respond to your requests and improve our services. We won't share any information you send to us in those communications with any third parties.
If at any time in the future, we propose to use personal information for any purposes other than our internal use in maintaining the services, troubleshooting, improving our services, etc., then we will offer you an effective way to opt out of the use of personal information for those other purposes.
We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who have registered with us, the volume and pattern of traffic to and within the site, etc. That information will not identify you, the individual, in any way.
We restrict access to personal information to our employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
If you have any questions about this policy, please feel free to contact us or to write to us at:
Forum Nord de les Tecnologies
c/Marie Curie S/N
08042 Barcelona (Spain)
Fax: 00 34 93 291 77 36