On-TheMap Access Agreement
Please read this Agreement carefully before accessing the
On-TheMap ("This Site"). As a condition to and in
consideration of receiving and accessing This Site, the User
agrees to be bound by the terms of this Agreement. Use of or
access to This Site shall constitute acceptance of and agreement
to be bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND BY
THIS AGREEMENT, DO NOT ACCESS THIS SITE. If you have any
questions about this Agreement, please contact us.
On-TheMap Access
Agreement
THIS AGREEMENT "Agreement" is entered into by and between
On-TheMap.com and any individual, corporation, association,
agency, company, or other entity who accesses or uses This Site
(the "User" or "you").
This Site is a World
Wide Web site on the Internet that is designed to allow users to
post ads and/or to view ads
posted by other users or interact with those users. This Site is
owned and operated by Webb-a-Netix cc trading as On-TheMap.com. This Site contains or may
contain information, communications, opinions, text, graphics,
links, electronic art, animations, audio, video, software,
photos, music, sounds and other material and data (collectively,
"Content") formatted, organized and collected in a variety of
forms that are generally accessible to Users, including
directories and databases, and areas of This Site that can be
modified by Users, such as posting ads,
uploading multimedia files, registering user profiles, and
creating Auto-Notify profiles ("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to
On-TheMap.
You are responsible for providing all hardware, software,
telephone or other communications equipment and/or service to
connect to the Internet and access This Site and are responsible
for all Internet access charges, telephone charges or other fees
or charges incurred in connecting to the Internet and accessing
This Site.
1.2 User
Conduct.
You agree to access and use This Site only for lawful
purposes. You are solely responsible for the knowledge of and
adherence to any and all laws, statutes, rules and regulations,
pertaining to (i) your use of This Site, including any
Interactive Area, (ii) the use of any networks or other services
connected to This Site, and (iii) the communications means by
which you connect your modem, computer, or other equipment to
This Site. By accessing This Site, you agree that you will
not:
- restrict or inhibit any other user from using and enjoying
the Interactive Features;
- post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane, or
indecent information of any kind, including without limitation
any transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability or
otherwise violate any local, state/province, national, or international
law;
- post or transmit any information, software, or other
material which violates or infringes in the rights of others,
including material which is an invasion of privacy or publicity
rights or which is protected by copyright, trademark or other
proprietary right, or derivative works with respect thereto,
without first obtaining permission from the owner or right
holder.
- post or transmit any information, software or other material
which contains a virus or other harmful component;
- alter, damage or delete any Content or other communications
that are not your own Content or to otherwise interfere with the
ability of others to access This Site;
- disrupt the normal flow of communication in an Interactive
Area;
- claim a relationship with or to speak for any business,
association, institution or other organization for which you are
not authorized to claim such a relationship;
- violate any operating rule, policy or guideline of your
Internet access provider or online service including "spam
posting" or otherwise bulk posting ads
2. Intellectual Property Rights
2.1
This Site content.
- You acknowledge that Content on This Site is generally
provided by This Site, individual contributors of Content
("Contributors"), third party licensees, and/or other Users. You
acknowledge that This Site permits access to Content that is
protected by copyrights, trademarks, and other proprietary
(including intellectual property) rights ("Intellectual Property
Rights"), and that these Intellectual Property Rights are valid
and protected in all media existing now or later developed and
except as is explicitly provided below, your use of Content shall
be governed by applicable copyright and other intellectual
property laws. You acknowledge that This Site owns a copyright in
the "look and feel," i.e., the selection, coordination,
arrangement and presentation of such Content.
- You may not modify, copy, reproduce, transmit, distribute,
publish, create derivative works from, display or otherwise
transfer or commercially exploit any of the Content, in whole or
in part, provided, however, that you may (i) make a reasonable
number of digital or other form of copies to permit your computer
hardware and software to access and view the Content, (ii) print
one copy of each piece of Content, (iii) make and distribute a
reasonable number of copies of Content, in whole or in part, in
hard copy or electronic form for internal use only. Any permitted
copies of Content must reproduce in an unmodified form any
notices contained in the Content, such as all Intellectual
Property Right notices, and an original source attribution to
"This Site" and its URL address. You acknowledge that This Site,
its Contributors, and/or Users remain the owners of the Content
and that you do not acquire any Intellectual Property Rights by
downloading or printing Content.
2.2 Content Provided
by User.
You may upload to any Interactive Area or otherwise transmit,
post, publish, reproduce or distribute, on or through This Site
only Content that is not subject to any Intellectual Property
Rights, or Content in which any holder of Intellectual Property
Rights has given express authorization for distribution over the
Internet and on This Site, without restriction whatsoever. Any
Content submitted with the consent of a copyright owner other
than you should contain a phrase such as "Copyright owned by
[name of owner]; Used by Permission." By submitting Content to
any Interactive Area, you automatically grant and/or warrant that
the owner of such Content, whether it be You or a third party,
has expressly granted to This Site the royalty-free, perpetual,
irrevocable, non-exclusive, unrestricted, worldwide right and
license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, sublicense, distribute, perform,
and display such Content, in whole or in part, worldwide and/or
to incorporate it in other works in any form, media, or
technology now known or later developed for the full term of any
Intellectual Property Rights that may exist in such Content. You
also permit This Site to sublicense to third parties the
unrestricted right to exercise any of the foregoing rights
granted with respect to such Content. You also permit any User
to access, view, store and reproduce the Content for personal
use.
3. Interactive Areas
You acknowledge that This Site may include various interactive
areas ("Interactive Areas"), including but not limited to
ads. These Interactive Areas allow feedback to
This Site and real-time interaction between users. You further
understand that This Site does not control the messages,
information, or files delivered to such Interactive Areas and
that This Site may offer you and other Users the capability of
creating and managing an Interactive Area. However, neither This
Site, its subsidiary and parent companies, or affiliates, nor
their respective directors, officers, employees and agents are
responsible for Content within any Interactive Area. Your use
and/or management of an Interactive Area will be governed by this
Agreement and any additional rules or operating procedures of any
Interactive Area established by you or another User, as
applicable. You recognize that This Site cannot, and does not
intend to, screen communications in advance. Moreover, because
This Site encourages open and candid communication in the
Interactive Areas, This Site cannot determine in advance the
accuracy or conformance to this Agreement of any Content
transmitted in an Interactive Area. This Site is not responsible
for screening, policing, editing, reviewing or monitoring any
Content in an Interactive Area. Notwithstanding the above, you
agree that This Site has the right to monitor any Interactive
Area, from time to time and to disclose any information as
necessary to satisfy any law, regulation or other governmental
request, to operate the Interactive Area, or to protect itself or
other Users. If notified of Content that is alleged not to
conform to this Agreement, This Site may investigate the
allegation and determine in its sole discretion whether to remove
or request the User to remove such Content. This Site reserves
the right to prohibit conduct, communication or Content within an
Interactive Area, or to edit, refuse to post, or to remove any
Content, in whole or in part, which it deems in its sole
discretion to (i) violate the then-standard provisions of this
Agreement or any other standard, written This Site policy in
effect at that time, (ii) be harmful to the rights of any User,
This Site, or other third parties, (iii) violate applicable law,
or (iv) be otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction with any
policies, guidelines, or practices of This Site in operating This
Site, or any change in Content, is for you to discontinue
accessing This Site. This Site may terminate or temporarily
suspend your access to all or any part of This Site, without
notice, for conduct that This Site believes is a violation of
this Agreement or any policies or guidelines posted by This Site,
or for other conduct which This Site believes, in its sole
discretion, is harmful to This Site or other Users. This Site may
discontinue operating This Site and terminate this Agreement
without notice at any time for any reason in its sole discretion.
In the event of termination, you are no longer authorized to
access This Site, including the Interactive Areas, and the
restrictions imposed on you with respect to Content downloaded
from This Site, as well as the disclaimers and limitations of
liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of
Liability
5.1 Links. You understand that except for Content, products or
services expressly available at This Site, neither This Site, its
subsidiary and parent companies, or affiliates, or their
respective directors, officers, employees, and agents controls,
provides, or is responsible for any Content, goods or services
available through sites on the Internet linked to or from This
Site. All such Content, goods and services are made accessible on
the Internet by independent third parties and are not part of
This Site or controlled by This Site. This Site neither endorses
nor is responsible for the accuracy, completeness, usefulness,
quality or availability of any Content, goods or services
available on any site linked to or from This Site, which are the
sole responsibility of such independent third parties, and your
use thereof is solely at your own risk. Neither This Site, its
subsidiary and parent companies, or affiliates, or their
respective directors, officers, employees, and agents shall be
held responsible or liable, directly or indirectly, for any loss
or damage caused or alleged to have been caused by your use of or
reliance on any Content, goods or services available on any site
linked to or from This Site or your inability to access the
Internet or any site linked to or from This Site.
5.2 Disclaimer of Warranties. Please use your best judgment in
evaluating all information contained or opinions expressed on
This Site. It is the policy of This Site not to endorse or oppose
any opinion expressed by a User or Content provided by a User,
Contributor, or other independent party. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER THIS SITE NOR
ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING
CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT THIS SITE OR
ANY INTERNET SITE LINKED TO OR FROM THIS SITE WILL BE
UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR ANY
INTERNET SITE LINKED TO OR FROM THIS SITE OR AS TO THE
TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS,
USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR
SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION
PROVIDED THROUGH THIS SITE OR ANY SITE LINKED TO OR FROM THIS
SITE. THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THIS
SITE, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT,
THIS SITE, OR ANY INTERNET SITE LINKED TO OR FROM THIS SITE,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR
UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION,
ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL
SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE,
BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT,
UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE
OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THIS SITE, ITS SUBSIDIARY AND
PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE
TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION
TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THIS
SITE OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO
OR FROM THIS SITE. THE CONTENT WITHIN THIS SITE AND THE CONTENT
WITHIN INTERNET SITES LINKED TO OR FROM THIS SITE MAY INCLUDE
TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL
BE INCORPORATED IN NEW VERSIONS OF THIS SITE AND SPECIFICALLY ARE
INCLUDED IN THIS SECTION AGREEMENT. THIS SITE AND ITS
CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT
AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THIS SITE IS NOT
LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE
ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY
SITE CONTENT ON THIS SITE, OR WITH THE ACCESS AGREEMENT OF THIS
SITE, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THIS SITE.
6. Indemnity
You agree to indemnify and hold This Site, its parent or
subsidiary companies and their affiliates, and their respective
directors, officers, employees, and agents from any and all
liabilities, claims and expenses, including reasonable attorneys
fees, arising from breach of this Agreement, any other policy,
your use or access of This Site or any Internet site linked to or
from This Site, or in connection with the transmission of any
Content on This Site.
7. Miscellaneous
This Agreement comprises the entire agreement between This
Site and You, and supersedes any prior agreements with respect to
the subject matter herein. This Site may revise this Agreement or
any other policy at any time and from time to time, and such
revision shall be effective two (2) days upon posting notice of
such revision prominently on This Site. You agree to review this
Agreement periodically to be aware of such revisions. If any
such revision is unacceptable to you, you must discontinue
accessing This Site. Your continued accessing and use of This
Site following notice of any such revision shall conclusively be
deemed acceptance of all such revisions. The provisions of
Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the
termination or expiration of this Agreement. If any provision of
this Agreement or any other policy be held invalid or
unenforceable, that portion shall be construed in accordance with
applicable law as nearly as possible to reflect the original
intention of the parties and the remaining portions will continue
in full force and effect. The failure of This Site to insist upon
or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right.
This Agreement shall be governed by the laws of the state or
province of domicile of This Site, excluding its conflict of laws
rules, and you and This Site each submit to the exclusive
jurisdiction of the courts of that state or province. This
Agreement is personal to you and you may not assign your rights
or obligations thereunder to anyone. All logos, brand names,
products, trademarks and service marks appearing herein may be
the trademarks or service marks of their respective owners.
References to any trademark, service mark and links to or from
This Site have been done strictly for clarification and
identification and does not constitute endorsement by This Site
of the products, services or information offered by the owner of
such trademark, service mark or link or endorsement of This Site
by such trademark, service mark or link owner.
