Terms of Service
PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT”) CAREFULLY BEFORE USING THE WEBSITE LOCATED AT https://www.pictramap.com/ (“WEBSITE”). PICTRAMAP AND ITS AFFILIATES (COLLECTIVELY, “PICTRAMAP”) PROVIDE THIS WEBSITE AND THE SERVICES TO YOU, YOUR EMPLOYEES, AGENTS AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY, “YOU”) SUBJECT TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU CANNOT USE THIS WEBSITE OR SERVICES IN ANY MANNER. USING THIS WEBSITE OR SERVICES IN ANY MANNER SIGNIFIES TO YOU ACCEPTING THESE TERMS OF SERVICE.
This Agreement was last updated on June 4, 2018.
By accessing the Website in any way (including, without limitation, browsing the Website), using any Services, downloading or uploading any materials, and/or placing an order for products or services, You agree to and are bound by the terms of service described in this Agreement. If You are using the Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer’s behalf, and that Your employer agrees to indemnify PictraMap for violations of this Agreement.
There are two general types of users: registered users that have registered with PictraMap ("Registered Users"), and visitors of the Website ("Unregistered Users"), using the Website without having registered with PictraMap.
1. Description of Services
The Website makes available to Registered Users the ability to upload their photographs, graphics, text, video clips, audio or musical content (“Content”) to have PictraMap automatically create an animation (“Animation”) using the Content (“Services”).
PictraMap business operation:
Yordan Dimov
Avda Armada Espanola 19, Santa Pola 03130
Spain
2. Registration and User Accounts
2.1. Registration
Registered Users include (1) beta testers who have registered a Beta account with PictraMap to test new products and features before they have been released to the general public without paying for the service on the website; (2) members who have registered a Free account with PictraMap with intention to use the service and optionally pay for using additional features of the website; (3) members who have upgraded their Beta or Free account to a higher plan with a monthly fee.
2.2. Registration Information
You must complete the registration process by providing PictraMap with true, current, complete and accurate information as prompted by the applicable registration form. It is Your responsibility to maintain and promptly update such information to keep it true, current, complete and accurate. You grant PictraMap the right to independently verify any information that You post on the Website about Yourself, although PictraMap does not routinely undertake any verification and does not have the obligation to do so. During the registration process, You need to choose a password. You are responsible for maintaining the confidentiality of any password(s) You are given to access any part of the Website, and You are fully responsible for all activities that occur under Your password(s) and account, and agree to notify PictraMap immediately of any unauthorized use of Your account or any other breach of security. PictraMap will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by PictraMap or any other party due to someone else using Your account or password. You may not use anyone else's account at any time, without the permission of the account holder. If You provide any information that is false, inaccurate, out of date or incomplete, or PictraMap has reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete, PictraMap may suspend or terminate Your account and refuse any and all current or future use of the Services or any portion thereof. PictraMap reserves the right to constitute classes of users of the Website, granting access to certain areas of the Website only to certain users. Always use caution when giving out any personally identifiable information about Yourself or Your children in any Services. PictraMap does not control or endorse the content, messages or information found in any Services and, therefore, PictraMap specifically disclaims any liability with regard to the Services and any actions resulting from Your participation in any Services.
3. Fees and Music License
3.1. Service Upgrades Payments
PictraMap will provide the basic Services with certain limits to You for free, but additional services and higher limits are subject to recurring payments described on the Website (on your Dashboard and My Account page).
3.2. Payment
All recurring Fees paid hereunder are refundable only if such refund is requested in writing to support@pictramap.com
3.3. Taxes
Fees are exclusive of any state, local, and other taxes and charges directly applicable to the Services. When finalizing your order taxes will be calculated and added to the Services Fee depending on your location and you are responsible for paying those taxes arising under PictraMap's performance of Services under this Agreement (other than income taxes payable by PictraMap).
3.4. Music License
PictraMap may offer sound tracks for the Animations. “Track” or “Music Theme” means any sound recording that PictraMap offers for use in Animations, and includes the musical composition embodied in such Track. All Music themes in the website library are adapted under creative commons CC BY license and shall be used solely as part of the produced Animation(s). PictraMap cannot and does not give you any rights to use any Track(s) outside the produced Animations.
4. Your Conduct and Use of the Website and Services
4.1. Condition of Use
As a condition of Your use of the Services, You agree that You will not use the Services for any purpose that is unlawful or contrary to this Agreement. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. The Website is intended solely for users who are 13 years of age or older. Any registration by, use of, or access to the Website by anyone under 13 is unauthorized, unlicensed and in violation of this Agreement. By using the Website, You represent and warrant that You are 13 or older, and that You agree to abide by all of the terms and conditions of this Agreement. PictraMap may terminate Your use of or access to the Website if we believe that You are under 13 years of age. If you do not agree with this Agreement, you must immediately stop using the Website, and Animations created therefrom.
4.2. User Conduct
You agree that You will not use the Website or the Services to: (i) pretend to be PictraMap or someone else, or spoof PictraMap’s or someone else's identity; (ii) transmit spam, bulk or unsolicited communications; (iii) forge headers, brand elements, water marks or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (iv) collect or store personal data about other users unless specifically authorized by such users; (v) harvest or collect email addresses or other contact information of other users from the Service or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (vi) misrepresent Your affiliation with a person or entity; (vii) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; (viii) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website; (ix) register for a user account on behalf of an individual or entity other than Yourself, except to the extent that You are authorized by an entity to register on such entity’s behalf; (x) upload, post, transmit, share, store or otherwise make publicly available on the Website any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (xi) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; or (xii) upload, post, transmit, share, store or otherwise make available any pictures, graphics or videos other than those of persons whose image You are authorized to post. PictraMap reserves the right at all times to disclose any information as PictraMap deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PictraMap’s sole discretion. You agree that PictraMap would be irreparably harmed by the use, by You or others, of the Website or the Services in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of this Agreement, and that PictraMap is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). PictraMap reserves the right to block, filter or delete unsolicited e-mail.
4.3. Data Backup
You have the sole responsibility to adequately backup the data you upload to the PictraMap servers. PictraMap does not take responsibility for the loss or corruption of data you have uploaded to its servers.
4.4. Content
4.4.1. You are solely responsible for all Content that You upload, post or otherwise transmit via the Website or the Services and for the Animations that PictraMap generates for You on the Website (“User Materials”). You agree not to upload, post, share, distribute, or transmit via the Website or the Services, User Materials that: (a) include unauthorized disclosure of personal information; (b) are inaccurate, unlawful, libelous, deceptive, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable; (c) contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (d) violate or infringe anyone's intellectual property rights. PictraMap has no obligation to monitor the Services. However, PictraMap reserves the right to review materials posted to the Services and to remove and/or edit any materials in its sole discretion. You understand that by using the Website, You may be exposed to Content from others that is offensive, indecent or otherwise objectionable.
4.4.2. PictraMap does not claim ownership of the Content You place on the Website and has no obligation of any kind with respect to such Content. Unless otherwise stated herein, or in PictraMap’s Privacy Policy, any Content You provide in connection with this Website will be deemed to be provided on a non-confidential basis. You hereby grant to PictraMap a non-exclusive, perpetual, irrevocable, royalty free, fully paid-up, worldwide right and license to use, create, modify, host and display the User Materials to perform the Services. You represent and warrant that You have proper authorization for the worldwide transfer and processing among PictraMap, its affiliates, and third-party providers of any Content that You may provide on the Website.
4.5. Privacy Policy
This section is not applicable to any personally identifiable information that You provide in connection with Your registration for the Services. For terms and conditions governing the use of such information and for more information on how the Services work, please refer to the Privacy Policy.
4.6. Feedback
4.6.1. Unless PictraMap has entered into a separate written agreement with You that explicitly states to the contrary, You agree that any information, feedback, questions, comments or the like that You provide to PictraMap in connection with this Website or the Services (“Submissions”) will be deemed to be provided to PictraMap on a non-confidential and non-proprietary basis and will become and remain the property of PictraMap. We have no obligations of any kind with respect to any Submissions and will be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that PictraMap will be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques without any payment obligation to any party.
4.6.2. NEITHER PICTRAMAP NOR ANY OF ITS EMPLOYEES ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN PICTRAMAP’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO PICTRAMAP. PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO PICTRAMAP OR ANYONE AT PICTRAMAP. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT PICTRAMAP MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
5. Content Provided Via Third Party Links
The Website may provide a link to other sites by allowing the user to leave the Website to access third-party material or by bringing the third-party material into the Website via “inverse” hyperlinks and framing technology (each a “Linked Website”). PictraMap has no discretion to alter, update, or control the content on a Linked Website, and is not responsible if any Linked Website is not working appropriately. PictraMap is not responsible for webcasting or any other form of transmission received from Linked Websites. PictraMap provides these links as a convenience only, and our provision of a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in using, retrieving, or relying upon any information found on the internet, and You are responsible for understanding these risks before using, retrieving, or relying upon any such information from a Linked Website. You acknowledge and agree that PictraMap is not responsible for the availability of Linked Websites, and is not responsible or liable for any content, advertising, products or other materials on or available from such Linked Websites. PictraMap will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any Linked Website.
6. Intellectual Property Rights
6.1. PictraMap's Intellectual Property Rights
6.1.1. All materials contained in the Website are the copyrighted property of PictraMap, its affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to PictraMap, its affiliated companies and/or third-party licensors. Except as expressly authorized in writing by PictraMap, You will not reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software PictraMap discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.
6.1.2. PictraMap and its licensors may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Services, including the Web pages that are part of the Services. Except as expressly provided in this Agreement, the provision of the Services and the furnishing of such Web pages to You does not give You any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved to PictraMap and its licensors.
6.1.3. "PictraMap Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations PictraMap uses in connection with its products and services, including but not limited to “PictraMap.” PictraMap Trademarks should only be used pursuant to PictraMap’s trademark usage guidelines. You may not remove or alter any PictraMap Trademarks, or co-brand Your own products or material with PictraMap Trademarks, without PictraMap’s prior written consent. You acknowledge PictraMap’s rights in PictraMap Trademarks and agree that any use of PictraMap Trademarks by You shall inure to PictraMap’s sole benefit. You agree not to incorporate any PictraMap Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies. Nothing in this Agreement gives You the right to use any of the PictraMap Trademarks.
6.1.4. For the time being, you are allowed to capture a full screen recording of a PictraMap animation with all elements intact, including but not limited to PictraMap logo, water-mark and music credits in the end of the animation. If you then upload the video to a third party website or use excerpts of it in your own video, you have the obligation to give credit to PictraMap for the usage of the Service in the creation of your video. Such credit is given by inserting text and a link to PictraMap’s website in description of your hosted video material, explaining that the travel map animation in your video was created using PictraMap at https://www.pictramap.com/. PictraMap reserves the right to prohibit the right to capture full-screen animations in case of animation-to-video conversion option is released as part of the Services. You are responsible for regularly reviewing these terms, conditions, and notices to inform yourself if any changes have been made in regards to PictraMap intellectual property and screen capture rules. Continued access to or use of the Website or the Services after any such change shall constitute Your consent to such change.
6.1.5. If you are using an animated map created with PictraMap or a screen capture of such in its entirety or as part of a larger video for commercial purposes (including but not limited to showcasing a travel itinerary as a travel agency, hotel, or other type of business), you must subscribe at the Ultimate level - you are not allowed to use for commercial purposes animations or any parts of animations created with PictraMap with a Free or Pro account.
6.2. Your Intellectual Property Rights
6.2.1. Subject to the licenses granted herein, You retain all right, title and interest in and to the Content that You provide to PictraMap to perform the Services.
6.2.2. By placing any Content on the Website or providing any Content to PictraMap to perform the Services, You represent and warrant that: (a) You are the copyright owner of such Content, or that the copyright owner of such Content has granted You permission to use such Content consistent with the manner and purpose of Your use and as otherwise permitted by this Agreement and the Website; (b) You have the rights necessary to grant the licenses and sublicenses described in this Agreement; and (c) that each person depicted in such Content, if any, has provided consent to the use of the Content as set forth in this Agreement, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Content.
6.2.3. You agree to indemnify, defend and hold PictraMap, and its subsidiaries, affiliates, officers, managers, agents, licensors, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party relating to or arising out of Your Content, Your use of the Website, including any use by Your employees, Your connection to the Website, Your violation of the Agreement, or Your violation of any rights of another. PictraMap may terminate Your account if PictraMap, determines in its sole discretion that You have infringed a third party’s intellectual property rights.
6.3. Notice for Making Claims of Copyright Infringement
6.3.1. Please notify us if you believe any of your intellectual property rights have been infringed by a User of the Site. Pursuant to Section 512 © (2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"), PictraMap designates the following individual as its agent for receipt of notifications of claimed infringement:
By email: copyright@pictramap.com
6.3.2. To be effective, the notification must include the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party 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 under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Disclaimer of Warranties
7.1. YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK UNLESS EXPLICITLY STATED OTHERWISE. THE WEBSITE, INCLUDING THE SERVICES AND ANIMATIONS ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. PICTRAMAP DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PICTRAMAP MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR SERVICES.
7.2. PICTRAMAP MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF ANY VIRUSES, TROJAN HORSES OR WORMS; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE OR SERVICES WILL BE CORRECTED.
7.3. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE. THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS OR OMISSIONS. PICTRAMAP ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS.
7.4. PICTRAMAP DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (a) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE WEBSITE BY ANY PARTY; (b) ANY CONTENT PROVIDED ON LINKED WEBSITES; OR (c) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEBSITE.
7.5. PICTRAMAP MAY MAKE CHANGES TO THE WEBSITE, SERVICES, INFORMATION, SOFTWARE, CONTENT, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.
7.6. OTHER THAN AS REQUIRED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL PICTRAMAP BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION, PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE OR A LINKED WEBSITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE, OR OBTAINED FROM A LINKED WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
8. Termination and Restriction of Access
8.1. Termination
Pro and Ultimate account holders can downgrade their accounts by clicking the Downgrade button, located on the “My Account” page. To downgrade back to a Free plan, you need to fit in the limits of a Free account. The downgrade is immediate, regardless when the upgrade has taken place, and You lose premium benefits as soon as you downgrade your account. You may terminate this Agreement and request deletion of your account for any reason or for no reason at all, at Your convenience, by providing written notice of termination via email to support@pictramap.com.
8.2. Effect of Termination
Upon termination of Your account, Your right to use the Services immediately ceases and You remain liable for all Fees and any other obligations You have incurred through the date of termination for Your use of the Services. In the event that this Agreement is terminated for any reason, Sections 4.6, 6, 7, 8.2, 9, 10 and 11 will survive any such termination. Other rights and obligations under the Agreement which by their nature should survive will remain in full effect after termination or expiration of the Agreement.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PICTRAMAP, ITS AFFILIATES AND ANY OTHER OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE SERVICES, EVEN IF PICTRAMAP HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (b) 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 THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PICTRAMAP’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES FOR ANY CLAIMS ARISING OUT OF THE USE OF THIS WEBSITE OR THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID PICTRAMAP, IF ANY, FOR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE FOR THE SIX MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE CLAIM. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
10. Privacy and Personal Information
You consent to the collection, processing and storage by PictraMap of Your personal information in accordance with the terms of PictraMap’s Privacy Policy which is incorporated herein by reference. You agree to comply with all applicable laws and regulations, and the terms of PictraMap’s Privacy Policy, with respect to any access, use and/or submission by You of any personal information in connection with this Website.
11. General Terms
11.1. Notice
PictraMap may provide notice to You via email, regular mail, or posting notices or links to notices on the Website. PictraMap reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, with or without notice to You. PictraMap will not be liable to You or any third party for any modification, suspension, or termination of the Services or loss of related information. PictraMap may wish to update or change the terms, conditions, and notices for the Website or the Services from time to time to reflect changes in the Website or the Services, changes in the laws affecting the Website or the Services, or for other reasons. You understand that PictraMap reserves the right to make these changes and that You are responsible for regularly reviewing these terms, conditions, and notices. Continued access to or use of the Website or the Services after any such change shall constitute Your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Website or the Services shall be subject to this Agreement, as modified from time to time. A printed version of this Agreement and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
11.2. Entire Agreement
This Agreement constitutes the entire agreement between You and PictraMap and governs Your use of the Website and Services, and supersede any and all prior agreements, written or oral, between You and PictraMap regarding the subject matter of this Website (including, without limitation, any prior versions of this Agreement). Portions of the Services may be governed by posted guidelines, rules or other terms and conditions. All such guidelines, rules and terms and conditions are hereby incorporated by reference into this Agreement. In the event of a conflict between this Agreement and such other guidelines, rules and terms and conditions, this Agreement shall control. Notwithstanding the foregoing, PictraMap’s Privacy Policy, discussed in the Privacy and Personal Information section above, supersedes any conflicting terms in this Agreement and/or any other guidelines, rules and terms and conditions with respect to the subject matter covered by the Privacy Policy. You may also be subject to additional terms and conditions that may apply when You use other PictraMap services, third-party content or third-party software.
11.3. Modification and Assignment
No modification to the Agreement will be binding, unless in writing and signed by an authorized PictraMap representative. You must not assign or otherwise transfer the Agreement or any right granted hereunder.
11.4. Irreparable Harm
You agree that any material breach of Sections 3.4, 4 or 6 of the Agreement will result in irreparable harm to PictraMap for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, PictraMap will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if PictraMap seeks such an injunction.
11.5. Export
Services, Animations, and products derived or obtained from this Website may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (i) obtain any export, reexport, or import authorizations required by U.S. or Your local laws; (ii) not provide Services, Animations, or direct products from this Website to prohibited countries and entities identified in the U.S. export regulations.
11.6. Waiver and Severability
Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Agreement is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Agreement will remain in full force and effect.
11.7. Compliance with Laws
PictraMap’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of PictraMap’s right to comply with governmental, court, and law enforcement requests or requirements relating to Your use of the Services or information provided to or gathered by PictraMap with respect to such use.
11.8. Headings
Headings herein are for convenience of reference only and shall in no way affect interpretation of the Agreement.
11.9. Independent Contractors
The relationship of PictraMap and You established by this Agreement is that of independent contractor, and nothing contained in this Agreement will be construed (i) to give either party the power to direct or control the day-to-day activities of the other; or (ii) to constitute the parties as partners, franchisee-franchiser, joint venturers, co-owners or otherwise as participants in a joint or common undertaking, or otherwise give rise to fiduciary obligations between the parties.