Atlas Terms of Use
(Updated January 28, 2007)
Terms of Use
Thank you for your interest
in Atlas. By using Atlas (“Atlas”), a service of Faneuil Media
(“FM”), you (“You”) are agreeing to be bound by the following terms and
conditions (“Terms of Use”). You are also agreeing to be bound by Google’s Terms of Use for Google Maps.
Faneuil Media reserves
the right to update and change the Terms of Use from time to time without
notice. Any new features that augment or enhance the current version of Atlas
shall be subject to the Terms of Use. Continued use of Atlas after any such
changes shall constitute your consent to such changes. You can view the
up-to-date version of the Term of Use on this page at any time (http://atlas.faneuilmedia2.com/docs/terms.html).
- Atlas
1.1 Description of Service. Atlas is a web-based tool that allows users to create maps
using the Google Maps API. Atlas includes the web site (www.fmatlas.com) as
well as the resulting links and iframe code. You display maps produced with
Atlas, subject to the limitations and conditions described below and on
Google’s web site (http://www.google.com/apis/maps/terms.html).
1.2 Appropriate
Conduct and Prohibited Uses. Atlas may be used only for services that are
generally accessible to consumers without charge.
You agree that You are
responsible for your own conduct and content while using Atlas and for any
consequences thereof. You agree to use Atlas only for purposes that are legal,
proper and in accordance with these Terms of Use and any applicable policies or
guidelines. By way of example, and not as a limitation, You agree that when
using Atlas, You will not:
-
defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others;
-
upload,
post, email or transmit or otherwise make available any content deemed by FM to
be inappropriate, defamatory, infringing, obscene, or unlawful
-
upload,
post, email or transmit or otherwise make available any content that infringes
any patent, trademark, copyright, trade secret or other proprietary right of
any party, unless You are the owner of the rights or have the permission of the
owner to post such content;
-
upload,
post, email or transmit or otherwise make available messages that promote
pyramid schemes, chain letters or disruptive commercial messages or
advertisements, or anything else prohibited by law, these Terms of Use or any
applicable policies or guidelines.
-
download
any file posted by another that You know, or reasonably should know, that
cannot be legally distributed in such manner;
-
impersonate
another person or entity, or falsify or delete any author attributions, legal
or other proper notices or proprietary designations or labels of the origin or
source of software or other material;
-
restrict
or inhibit any other user from using and enjoying FM services;
-
use
FM services for any illegal or unauthorized purpose;
-
remove
any copyright, trademark or other proprietary rights notices contained in or on
FM services;
-
interfere
with or disrupt FM services or servers or networks connected to FM services, or
disobey any requirements, procedures, policies or regulations of networks
connected to FM services;
-
use
any robot, spider, site search/retrieval application, or other device to
retrieve or index any portion of FM services or collect information about users
for any unauthorized purpose;
-
submit
content that falsely expresses or implies that such content is sponsored or
endorsed by FM;
-
create
user accounts by automated means or under false or fraudulent pretenses;
-
promote
or provide instructional information about illegal activities or promote
physical harm or injury against any group or individual; or
-
transmit
any viruses, worms, defects, Trojan horses, or any items of a destructive
nature.
International users
agree to comply with their own local rules regarding online conduct and
acceptable content, including laws regulating the export of data to the
1.3 Display of Maps.
Users who choose to embed Atlas maps on their own site may not alter the code
provided by Atlas. In addition, the “Faneuil Media” credit associated with each
map must be clearly visible on the page at all times.
1.4 Data
Submitted to Atlas Maps. By creating maps in Atlas, adding points, and
entering any form of media or data (“Content”), you are granting permission to FM and
others to access and use it in connection with Atlas and with our business.
This includes any promotional uses by FM. You may revoke this permission at any
time by deleting your maps and data within Atlas.
Note
that when you post your own copyrightable Content on or through Atlas, you
retain ownership of any copyright you claim to your submitted Content. However,
by posting your Content through Atlas you simultaneously grant FM a
royalty-free, perpetual, irrevocable, non-exclusive worldwide license to (i)
use, reproduce, publish, edit, translate, modify, adapt, distribute, perform,
and display the Content alone or as part of other works in any form, media, or
technology whether now known or later developed, and to (ii) freely and fully
sublicense such rights through single or multiple tiers of sublicensees.
You
also expressly acknowledge and agree that FM shall have the right to grant a
Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License (“CC BY-NC-SA
License”), available at http://creativecommons.org/licenses/by-nc-sa/2.5/legalcode,
for all Content posted on or through Atlas.
1.
INDEMNITY
You agree to hold
harmless and indemnify FM, and its subsidiaries, affiliates, officers, agents,
and employees, advertisers or partners, from and against any third party claim
arising from or in any way related to your use of Atlas, violation of these Terms
of Use or any other actions connected with use of FM services, including any
liability or expense arising from all claims, losses, damages (actual and
consequential), suits, judgments, litigation costs and attorneys' fees, of
every kind and nature. In such a case, FM will provide You with written notice
of such claim, suit or action.
2.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT:
a. YOUR USE OF ATLAS IS
AT YOUR SOLE RISK. ATLAS IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. FM 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.
b. FM MAKES NO WARRANTY THAT
(i) ATLAS WILL MEET YOUR REQUIREMENTS, (ii) ATLAS WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF ATLAS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
ATLAS WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
c. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH ATLAS 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 ANY SUCH
MATERIAL.
d. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FM OR THROUGH OR
FROM FM SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF
USE.
3.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT FM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF FM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE ATLAS; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM ATLAS; (iii) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON ATLAS; OR (v) ANY OTHER MATTER RELATING TO ATLAS.
4.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.
5.
Term and Termination.
6.1 Term. The
term of the Terms of Use shall commence on the date upon which YOU agree to the
Terms of Use and shall continue in force thereafter, unless terminated as
provided herein.
6.2 Termination.
FM may change, suspend or discontinue all or any aspect of Atlas, including its
availability, at any time, and may suspend or terminate Your use of Atlas at
any time. In addition, either party may terminate the Terms of Use at any time,
for any reason, or for no reason including, but not limited to, if You engage
in any action that reflects poorly on FM or otherwise disparages or devalues
FM's reputation or goodwill. If You desire to terminate the Terms of Use, You
must remove Atlas from Your site.
6.3 Rejection of
Application. FM shall have the right, in its sole discretion, to reject any
request to use Atlas at any time and for any reason, and such rejection shall
render null and void the Terms of Use between You and FM. FM shall not be
liable to You for damages of any sort resulting from its decision to reject
such a request.
6.4 Effect of
Termination. Upon the termination of the Terms of Use for any reason (i)
all license rights granted herein shall terminate and (ii) You shall
immediately delete any and all maps images and FM Brand Features.
6.5 Survival. In
the event of any termination or expiration of the Terms of Use for any reason,
Sections 2, 4, 5, 6, 7 shall survive termination. Neither party shall be liable
to the other party for damages of any sort resulting solely from terminating
the Terms of Use in accordance with its terms.
6.
GENERAL INFORMATION
Entire Agreement. The Terms of Use constitute the
entire agreement between You and FM and govern your use of Atlas, superceding
any prior agreements between You and FM. You also may be subject to additional
terms and conditions that may apply when You use or purchase certain other FM
services, affiliate services, third-party content or third-party software.
Choice of Law and
Forum. The Terms of
Use and the relationship between You and FM shall be governed by the laws of
the
Waiver and
Severability of Terms.
The failure of FM to exercise or enforce any right or provision of the Terms of
Use shall not constitute a waiver of such right or provision. If any provision
of the Terms of Use is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the Terms of Use remain in full force and effect.
Statute of
Limitations. You
agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of FM services or the Terms of Use
must be filed within one (1) year after such claim or cause of action arose or
be forever barred.
The section headings in the Terms of Use are for convenience
only and have no legal or contractual effect.
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