The terms & conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between User (you) and Mapunity (the “Company”). In order to use the Application (defined below) User must agree to the terms & conditions that are set out below.
By using, downloading, installing or using any associated application supplied by the Company which purpose is to enable User to use the Service (collectively, the “Application”), User hereby expressly acknowledges and agrees to be bound by the terms & conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at www.mapunity.in/terms.
The Company reserves the right to modify the terms & conditions of this Agreement or its policies relating to the Application at any time, effective upon posting of an updated version of this Agreement on the Application. User is responsible for regularly reviewing this Agreement. Continued use of the Application after any such changes shall constitute User consent to such changes.
TERMS USED IN THIS AGREEMENT
“Content” means text, graphics, images, software (excluding the Application) information or other materials.
“Company Content” means Content that Company makes available through the Web or Mobile Application, including any Content licensed from a third party, but excluding User Content.
“User” means a person who accesses or uses the Web or Mobile Application.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Web or Mobile Application.
“Collective Content” means, collectively, Company Content and User Content.
“Application” means the Web or Mobile Application
REPRESENTATIONS AND WARRANTIES
By using the Application, User expressly represents and warrants that User is legally entitled to enter this Agreement. If User resides in a jurisdiction that restricts the use of the Application because of age, or restricts the ability to enter into agreements such as this one due to age, User must abide by such age limits and User must not use the Application. By using the Application, User represent and warrant that User is allowed to use the Application. By using the Application, User represents and warrants that User has the right, authority and capacity to enter into this Agreement and to abide by the terms & conditions of this Agreement. User participation in using the Application is for User’s sole, personal use. User may not authorize others to use User status, and User may not assign or otherwise transfer user account to any other person or entity. When using the Application User agrees to comply with all applicable laws from User home nation, the country, state and city in which User is present while using the Application.
User may only access the Application using authorized means. It is User’s responsibility to check to ensure User downloads the correct Application for User device. The Company is not liable if User does not have a compatible handset or if User has downloaded the wrong version of the Application for User handset. The Company reserves the right to terminate this Agreement should User be using the Application with an incompatible or unauthorized device.
By using the Application, User agrees that:
- User will only use the Application for lawful purposes; User will not use it for sending or storing any unlawful material, plagiarized material or for fraudulent purposes.
- User will not use the Application to cause nuisance, annoyance or inconvenience.
- User will not impair the proper operation of the network.
- User will not try to harm the Application in any way whatsoever.
- User will not copy, or distribute the Application or other content without written permission from the Company.
- User will only use the Application for User own use and will not resell it to a third party.
- User will keep secure and confidential User account password.
- User will provide Company with whatever proof of identity Company may reasonably request.
- User will only use an access point or 3G data account (AP) which User are authorized to use.
LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY
LICENSES GRANTED BY COMPANY TO COMPANY CONTENT AND USER CONTENT
Subject to User compliance with the terms & conditions of this Agreement, Company grants User a limited, non-exclusive, non-transferable license: (i) to view, download and print any Content on the site solely for user personal and non-commercial purposes; and (ii) to view any Content to which User has been permitted access by the creator & owner of the data.
User will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Application or Collective Content, except as expressly permitted in this Agreement. No licenses or rights are granted to User by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in this Agreement.
LICENSE GRANTED BY USER
Company may, in its sole discretion, permit Users to post, upload, publish, submit User Content. By making available any User Content on or through the Web or Mobile Application, User hereby grants to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit and otherwise exploit such User Content only on, through or by means of the Application. Company does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that User may have to use and exploit any User Content.
User acknowledges and agrees that User is solely responsible for all User Content that User makes available through the Application. Accordingly, User represents and warrants that: (i) User either is the sole and exclusive owner of all User Content that User makes available through the Application or User has all rights, licenses, consents and releases that are necessary to grant to Company the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor User posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) on, through or by means of the Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
APPLICATION LICENSE
Subject to User compliance with this Agreement, Company grants User a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that User owns or controls and to run such copy of the Application solely for User own personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple Store or Play Store (“Store Sourced Application”), User will use the Store Sourced Application only: (i) on an Apple or Android branded product that runs proprietary operating system software; and (ii) as permitted by the “Usage Rules” set forth in the Apple or Play Store Terms of Service. Company reserves all rights in and to the Application not expressly granted to User under this Agreement.
ACCESSING AND DOWNLOADING THE APPLICATION
The following applies to any Store Sourced Application:
- User acknowledges and agrees that (i) this Agreement is concluded between User and Company only and (ii) Company is solely responsible for the Store Sourced Application and content thereof. User use of the Store Sourced Application must comply with the Store Terms of Service.
- User acknowledges that neither Apple nor Android has any obligation whatsoever to furnish any maintenance and support services with respect to the Store Sourced Application.
- In the event of any failure of the Store Sourced Application to conform to any applicable warranty, User may notify Apple or Android, as applicable, and Apple or Android will refund the purchase price for the Store Sourced Application to User and to the maximum extent permitted by applicable law, Apple or Android, as applicable, will have no other warranty obligation whatsoever with respect to the Store Sourced Application. As between Company and Apple or Android, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
- User and Company acknowledge that, as between Company and Apple or Android, neither is responsible for addressing any claims User has or any claims of any third party relating to the Store Sourced Application or User possession and use of the Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- User and Company acknowledge that, in the event of any third party claim that the Store Sourced Application or User possession and use of that Store Sourced Application infringes that third party’s intellectual property rights, as between Company and Apple or Android, Company will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
- User and Company acknowledge and agree that Apple or Android, as applicable, including their subsidiaries, are third party beneficiaries of this Agreement as related to User license of the Store Sourced Application, and that, upon User acceptance of the terms & conditions of this Agreement, Apple or Android, as applicable, will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to User license of the Store Sourced Application against User as a third party beneficiary thereof.
- Without limiting any other terms of this Agreement, User must comply with all applicable third party terms of agreement when using the Store Sourced Application.
User shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Application in any way; (ii) modify or make derivative works based upon the Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application, or (c) copy any ideas, features, functions or graphics of the Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application.
User shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or the data contained therein; or (v) attempt to gain unauthorized access to the Application or its related systems or networks.
Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. User acknowledges that Company has no obligation to monitor User access to or use of the Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Application, to ensure User compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service or Application.
COPYRIGHT POLICY
Company respects copyright law and expects its users to do the same. It is Company’s policy to terminate in appropriate circumstances User accounts or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Company’s Copyright Policy at http://mapunity.in/copyright, for further information.
INTELLECTUAL PROPERTY OWNERSHIP
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Application and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by User or any other party relating to the Application. This Agreement is not a sale and does not convey to User any rights of ownership in or related to the Application, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Application are trademarks of the Company, and no right or license is granted to use them.
INDEMNIFICATION
By entering into this Agreement and using the Application, User agrees that User shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) User violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) User violation of any rights of any third party; (c) User use or misuse of the Application.
ASSIGNMENT
This Agreement may not be assigned by User without the prior written approval of the Company but may be assigned without User consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
EXPORT CONTROL
User agrees to comply fully with all Indian and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Store Sourced Application, User represents and warrants that: (i) User is not located in a country that is subject to a Indian Government embargo, or that has been designated by the Indian Government as a “terrorist supporting” country; and (ii) User is not listed on any Indian Government list of prohibited or restricted parties.
DISPUTE RESOLUTION
User and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Application will be settled by binding arbitration.
GENERAL
No joint venture, partnership, employment, or agency relationship exists between User, the Company or any third party provider as a result of this Agreement or use of the Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between User and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
