Legal: Terms of Use
This site and related services are provided subject to
these terms and conditions. Please read the following information
carefully. Your continued use of this site will indicate your
agreement to be bound by the terms and conditions set forth below.
If you do not agree to these terms and conditions, promptly exit
this site.
Welcome Welcome to
the ZoomAtlas social map. This web site (www.zoomatlas.com, or any
replacement site, the "Site") is operated by ZoomAtlas, Corp.
("Company" or "we") and allows users to create, share, collaborate
and access content related to locations on a virtual map. The
services offered by Company include the Site and any other
features, content, or applications offered at any time and from
time to time by Company in connection with the Site (collectively,
the "Services").
1. Acceptance This
web site terms and conditions of use ("Terms") is a legally binding
agreement between each user (including any registered user, trial
user, visitor, aggregator, seller of content, purchaser of content
or purchaser of any company service) ("You" and "Your") and
company. by using the site or services, you agree that you
understand the terms, and that you consent to be bound by all of
its terms and conditions. these terms set forth your rights and
obligations with respect to your use of and access to the site and
any service provided by company. As used herein, "Services"
includes use of any version of any company services. If you do not
agree to the terms, you should not use the site or services.
2. Changes to Terms
We may revise these Terms at any time and from time to time, and by
your continued use of the Site you agree to be bound by future
revisions. All such updates and amendments are effective
immediately upon notice thereof, which we may give by any means,
including, but not limited to, by posting a revised version of
these Terms or other notice on the Site. It is your responsibility
to periodically visit the .Terms and Conditions. link at the bottom
of the Site to review the most current version of the Terms. We
expressly reserve the right to make any changes to these Terms, or
to the Site and its content, at any time and from time to time,
without prior notice to you.
3. Eligibility
Membership in the Services is void where prohibited. The Site is
intended for all users, though only United States citizens and
legal aliens, who are at least 18 years old and in possession of a
valid tax-id, are eligible for cash prizes. Additional restirctions
are outlined in the
Points: Rules
& Regulations section.
4. Registration Data and
Account Security In consideration of your use of the Site,
you agree to (a) provide accurate, current and complete information
about you as may be prompted by any registration forms on the Site
("Registration Data"); (b) maintain the security of your password
and identification; (c) maintain and promptly update the
Registration Data, and any other information you provide to
Company, to keep it accurate, current and complete; and (d) be
fully responsible for all use of your account and for any actions
that take place using your account
5. Trademarks
"ZoomAtlas" and "Mapping Every Square Inch of America" and other
Company graphics, logos, designs, page headers, button icons,
scripts and service names are registered trademarks, trademarks or
trade dress of Company in the U.S. and/or other countries.
Company.s trademarks and trade dress may not be used, including as
part of trademarks and/or as part of domain names, in connection
with any product or service in any manner that is likely to cause
confusion and may not be copied, imitated, or used, in whole or in
part, without the prior written permission of Company.
6. Restrictions on Use;
License Grant The contents of the Site, including the text,
images, audio and video, are copyrighted and the property of
Company and/or its subsidiaries, affiliates, vendors and licensors
and may not be distributed, modified, reproduced, or used, in whole
or in part, without the prior written consent of Company, except
that you may download content from the Site to any single computer
for your personal, non-commercial (except with regard to your use
of inherent functionality provided through the Site) use only,
provided that you keep intact all copyright, trademark and all
other proprietary notices and comply with any applicable end user
license agreements. For purposes of these Terms, any use of these
materials on any other Web site or networked computer environment
for any purpose is strictly prohibited.
Company hereby grants you a nonexclusive, non-transferable,
limited license to use the Site and the Shared Content (as defined
below) solely for your personal, non-commercial (except with regard
to your use of inherent functionality provided through the Site)
use. As a condition of your use of the Site, you warrant to Company
that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. If you breach any of these Terms, your
authorization to use the Site shall automatically and immediately
terminate and you must immediately destroy any downloaded or
printed materials.
You may not use automated systems (e.g., robots, spiders,
etc.) to access the Site. You agree not to collect personally
identifiable information of other users of the Site or to sell or
otherwise exploit that information. You agree not to use the
Services or the Site in any manner that could damage, disable,
overburden, or impair the Site.
Any rights not expressly granted by these Terms or any
applicable end user license agreements are reserved by Company
and/or its vendors and licensors.
7. Third-Party Web Sites
and Content The Site may contain (or you may be sent
through the Site or the Service) links to other Web sites
("Third-Party Sites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information,
applications, software and other content or items belonging to or
originating from third-parties (the "Third Party Applications,
Software, or Content"). Such Third-Party Sites and Third-Party
Applications, Software and Content are not investigated, monitored,
or checked for accuracy, appropriateness, or completeness by us,
and we are not responsible for any Third-Party Sites accessed
through the Site or any Third-Party Applications, Software, or
Content posted on, available through or installed from the Site,
including, without limitation, the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other
policies of or contained in the Third-Party Sites or the
Third-Party Applications, Software, or Content. Inclusion of,
linking to, or permitting the use or installation of any
Third-Party Site or any Third-Party Applications, Software, or
Content does not imply approval or endorsement thereof by us. If
you decide to leave the Site and access the Third-Party Sites or to
use or install any Third-Party Applications, Software, or Content,
you do so at your own risk and you should be aware that our terms
and policies no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices,
of any site to which you navigate from the Site or relating to any
applications you use or install from the site.
8. Shared Content
You are solely responsible for the text, images, video, audio,
links, messages, notes, profiles, listings, or other content that
you upload, publish, or display (hereinafter, .post.) on or through
the Services or the Site, or transmit to or share with other users
(collectively, .Shared Content.). By posting any Shared Content,
you: (a) grant Company and its affiliates a nonexclusive,
royalty-free, perpetual, transferable, irrevocable and fully
sub-licensable right to use, reproduce, modify, adapt, translate,
distribute, publish, create derivative works from and publicly
display and perform such Shared Content throughout the world in any
media, now known or hereafter devised; (b) grant Company and its
affiliates and sub-licensees the right to use the name that you
submit in connection with such Shared Content; and (c) grant the
other users of the Site a non-exclusive license to reproduce,
transmit, display, disclose, perform and otherwise use Shared
Content posted by you through the functionality of the Site. Shared
Content will be considered non-confidential and Company is under no
obligation to treat such Shared Content as proprietary information.
Without limiting the foregoing, Company reserves the right to use
the Shared Content, or any portion thereof, as it deems
appropriate, including, without limitation, deleting, editing,
modifying, rejecting, or refusing to post it.
Furthermore, by uploading or submitting material or content
to the Site, you represent and warrant that:
(a) Company, our customers and our licensees, shall not be
required to make any payments with respect to the Shared Content,
including, but not limited to, payments to you or any
third-parties;
(b) you have all right, title and interest necessary to
post the Shared Content to the Site and grant the rights provided
above; you have full right and power to enter into and perform
under these Terms; and you have secured all third-party consents,
licenses and permissions necessary to enter into and perform under
these Terms;
(c) the Shared Content you submit will not infringe upon
any third-party.s copyright, patent, trademark, trade secret, or
any other proprietary rights;
(d) you did not trespass on private property or violate any
other law in the process of collecting the Shared Content; and
(e) you will not post any Shared Content that is harmful,
threatening, defamatory, infringing, abusive, inflammatory,
harassing, vulgar, obscene, fraudulent, invasive of privacy or
publicity rights, hateful, or racially, ethnically, or otherwise
objectionable or violates any law, regulation, or rule.
If you post Shared Content in violation of the warranties
above, you acknowledge and agree that Company, in its sole and
exclusive discretion, may disable your uploading or posting
privileges and/or terminate your account. Notwithstanding, you
shall remain responsible for all such Shared Content and you
acknowledge and agree that you shall indemnify and hold Company
harmless from any and all damages and losses resulting from your
posting of Shared Content. Company retains the right to remove, in
its sole discretion, without notice, Shared Content that includes
any material deemed abusive, defamatory, obscene, illegal, or
otherwise inappropriate.
9. Your Account You
may create an account to access and use certain services and other
features on the Site. You agree to provide only true and correct
information in establishing your account. You are responsible for
all activities conducted using your account and you are solely
responsible for safeguarding your password and other access
information. You will notify Company immediately if you believe the
security of your account has been compromised. You may not use the
account of another user without the other user.s prior
authorization.
10. Infringement Notices
As provided in the Digital Millennium Copyright Act (DMCA), we have
designated the following individual for notification of potential
copyright infringement regarding the Site:
Beth Felder
Foley and Lardner, LLP
111
Huntington Ave.
Boston, MA 02199
(617)342-4000 (tel)
(617)342-4001 (fax)
bfelder@foley.com
If you believe any Service or Shared Content available
through the Site infringes a copyright, please provide the
following information to the person identified above (17 U.S.C. sec
512):
.A physical or electronic signature of the copyright owner
or authorized agent;
b. Identification of the copyrighted work(s) claimed to have
been infringed;
c. Identification of the material that is claimed to be
infringing or to be the subject of the infringing activity and that
is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the
material;
d. Information regarding how we may contact you (e.g.,
mailing address, telephone number, e-mail address);
e. A statement that the copyright owner or its authorized
agent has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its
agent, or the law; and
f. A statement that the information in the notification is
accurate, and made under penalty of perjury, and, if an agent is
providing the notification, a statement that the agent is
authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
11. Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Company has
adopted a policy of terminating, in appropriate circumstances and
at Company.s sole discretion, members who are deemed to be repeat
infringers. Company may also at its sole discretion limit access to
the Site and/or terminate the memberships of any users who infringe
any intellectual property rights of others, whether or not there is
any repeat infringement.
12. Indemnity You
agree to indemnify and hold Company, its subsidiaries and
affiliates, and each of their directors, officers, agents,
contractors, partners and employees, harmless from and against any
loss, liability, claim, demand, damages, costs and expenses,
including reasonable attorney.s fees, arising out of or in
connection with any Shared Content you post or share on or through
the Site, your use of the Services or the Site, your conduct in
connection with the Services or the Site or with other users of the
Services or the Site, or any violation of this Agreement or of any
law or the rights of any third-party.
13. User Disputes
You are solely responsible for your interactions with other Site
users. We reserve the right, but have no obligation, to monitor
disputes between you and other users.
14. Disclaimers
Company is not responsible or liable in any manner for any Shared
Content, any user content, or Third-Party Applications, Software,
or Content posted on the Site or in connection with the Service,
whether posted or caused by you or other users of the Site, by
Company, by third-parties, or by any of the equipment or
programming associated with or utilized in the Site or the Service.
Although we provide rules for user conduct and postings, we do not
control and are not responsible for what users post, transmit, or
share on the Site and are not responsible for any offensive,
inappropriate, obscene, unlawful, or otherwise objectionable
content you may encounter on the Site or in connection with any
Shared Content, user content, or Third-Party Applications,
Software, or Content. Company is not responsible for the conduct,
whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable
from time to time for maintenance or other reasons. Company assumes
no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line
failure, theft or destruction, or unauthorized access to, or
alteration of, user communications. Company is not responsible for
any technical malfunction or other problems of any telephone
network or service, computer systems, servers or providers,
computer or mobile phone equipment, software, failure of email or
players on account of technical problems or traffic congestion on
the Internet or at any Site or combination thereof, including, but
not limited to, injury or damage to your or to any other person's
computer, mobile phone, or other hardware or software, related to
or resulting from using or downloading materials in connection with
the Web and/or in connection with the Service. Under no
circumstances will Company be responsible for any loss or damage,
including, but not limited to, any loss or damage to any Shared
Content, any other user content, or personal injury or death,
resulting from anyone's use of the Site or the Service, any Shared
Content, any other user content, or Third-Party Applications,
Software, or Content posted on or through the Site or the Service
or transmitted to users, or any interactions between users of the
Site, whether online or offline.
The site, including any shared content or information
contained within it or any service, is provided "as is," with all
faults, with no representations or warranties of any kind, either
expressed or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose,
quiet enjoyment, quality of information, title, and
non-infringement. You assume total responsibility and risk for your
use of the site, services and hyperlinked web sites. No oral or
written information or advice given by company or its authorized
representatives shall create a warranty or in any way increase the
scope of this warranty.
15. Limitation of Liability
Company and its affiliates, vendors, licensors and other
third-parties mentioned on the site are neither responsible nor
liable for any direct, indirect, incidental, consequential,
special, exemplary, punitive, or other damages whatsoever
(including, without limitation, those resulting from lost profits,
lost data, or business interruption) arising out of or relating in
any way to the site, services, shared content, or information
contained within the site, and/or any hyperlinked web site, whether
based on warranty, contract, tort, or any other legal theory and
whether or not advised of the possibility of such damages. Your
sole remedy for dissatisfaction with the site, services, and/or
hyperlinked web sites is to stop using the site and/or those
services. Applicable law may not allow the exclusion or limitation
of incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
16. Arbitration You
and company agree that, except as may otherwise be provided in
regard to specific services on the site in any specific terms
applicable to those services, the sole and exclusive forum and
remedy for any and all disputes and claims relating in any way to
or arising out of these terms of use, the site and/or the services
(including your visit to or use of the site and/or the services)
shall be final and binding arbitration, except that, to the extent
that either of us has in any manner infringed upon or violated or
threatened to infringe upon or violate the other party's patent,
copyright, trademark, or trade secret rights, or you have otherwise
violated any of the user conduct rules set forth herein, then the
parties acknowledge that arbitration is not an adequate remedy at
law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the
American Arbitration Association (the "AAA") under its Commercial
Arbitration Rules and, in the case of consumer disputes, the AAA's
Supplementary Procedures for Consumer Related Disputes (the "AAA
Consumer Rules") (collectively the "AAA Rules"). The location of
the arbitration and the allocation of costs and fees for such
arbitration shall be determined in accordance with such AAA Rules
and shall be subject to the limitations provided for in the AAA
Consumer Rules (for consumer disputes). If such costs are
determined to be excessive in a consumer dispute, Company will be
responsible for paying all arbitration fees and arbitrator
compensation in excess of what is deemed reasonable. The
arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO
ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO
ANY OTHER ARBITRATION OR CLAIM, INCLUDING, BUT NOT LIMITED TO, ANY
ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF
THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE
PERMITTED. In no event shall any claim, action or proceeding by you
related in any way to the Site and/or the Services (including your
visit to or use of the Site and/or the Services) be instituted more
than three (3) years after the cause of action arose.
17. Accuracy and Integrity
of Information Although Company attempts to ensure the
integrity and accurateness of the Site, it makes no guarantees
whatsoever as to the correctness or accuracy of the Site. It is
possible that the Site could include typographical errors,
inaccuracies, and other errors, and that unauthorized additions,
deletions and alterations could be made to the Site by
third-parties. In the event that an inaccuracy arises, please
inform Company so that it can be corrected. Information contained
on the Site may be changed or updated without notice. Company does
not guarantee the integrity or accurateness of any content uploaded
to the site by any user or by any other third-party, including, but
not limited to, the Shared Content, and Company shall not be
responsible for any content uploaded to the site by any user, or by
any other third-party, including, but not limited to, the Shared
Content.
18. Links or Pointers to
Other Sites Company makes no representations whatsoever
about any other Web site that you may access through the Site. When
you access a non-Company site, please understand that it is
independent from Company, and that Company has no control over the
content on that Web site. In addition, a hyperlink to a non-Company
Web site does not mean that Company endorses or accepts any
responsibility for the content, or the use, of the linked site. It
is up to you to take precautions to ensure that whatever you select
for your use or download is free of such items as viruses, worms,
Trojan horses and other items of a destructive nature. If you
decide to access any of the third-party sites linked to the Site,
you do this entirely at your own risk.
19. Links to the Site
Without our express, prior and written permission, it is expressly
prohibited to: (a) "frame" the Site or any Shared Content or
otherwise cause the Site or any Shared Content to appear in a
window with any other material that does not constitute Shared
Content; (b) cause the hyperlink to the Site, or the Site, or any
Shared Content, to be displayed in any way that is disparaging to
Company or any entity that is affiliated or associated with
Company; or (c) otherwise imply or state that any type of
relationship or special arrangements exist with Company and any
other entity.
20. Privacy Policy
Information that you provide or that we collect about you and your
organization, in connection with your access to and use of the
Site, is subject to our Privacy Policy, the terms of which are
hereby incorporated into these Terms by reference. We encourage you
to read and become familiar with our privacy practices, as
described in our Privacy Policy. You may access our Privacy Policy
at:
http://www.zoomatlas.com/legal_privacy.html
21. Choice of Law; Venue
These Terms are entered into in the Commonwealth of Massachusetts
and shall be governed by and construed in accordance with the laws
of the Commonwealth of Massachusetts exclusive of its choice of law
rules. Any dispute, controversy or claim arising under, out of, in
connection with or in relation to the Site or these Terms will be
resolved in the state and federal courts located in the
Commonwealth of Massachusetts. In the event that any of the Terms
are held by a court or other tribunal of competent jurisdiction to
be unenforceable, such provisions shall be limited or eliminated to
the minimum extent necessary so that these Terms shall otherwise
remain in full force and effect.
22. Termination
Company may terminate your membership, delete your profile and any
content or information that you have posted on the Site, or
prohibit you from using or accessing the Service or the Site (or
any portion, aspect, or feature of the Service or the Site) for any
reason, or no reason, at any time in its sole discretion, with or
without notice.
23. Entire Agreement
Except as provided below, these Terms constitute the entire
agreement between Company and you pertaining to the subject matter
hereof. In its sole discretion, Company may from time-to-time
revise these Terms by updating this posting. You should, therefore,
periodically visit this page to review the current Terms, so you
are aware of any such revisions to which you are bound. Certain
provisions of these Terms may be superseded by expressly designated
legal notices or terms located on particular pages within the Site.