Terms of Use

Greetings and welcome to the Schmap.com web site! This web site (the "Site"), together with our service on the Schmap.it web site and any other content, features and related applications offered in relation by Schmap, Inc. and its affiliates ("Schmap") collectively comprise the Schmap Services (the "Services").

PLEASE READ THESE TERMS OF USE (THE "TERMS") CAREFULLY BEFORE ACCESSING THE SITE OR USING THE SERVICES. YOU EXPRESSLY AGREE TO BE BOUND BY THE TERMS FOR ANY USE BY YOU OF THE SERVICES. YOU REPRESENT THAT YOU HAVE THE LAWFUL RIGHT TO ACCESS AND USE THE SERVICES IN THE JURISDICTION WHERE YOU ARE LOCATED.

SCHMAP OFFERS THE SERVICES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE TERMS. THE TERMS CONTAIN A WARRANTY DISCLAIMER AND A LIMITATION OF LIABILITY AND DAMAGES WITH AN EXCLUSIVE REMEDY: THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SCHMAP.

MODIFICATION OF TERMS

Schmap reserves the right to modify the terms, conditions, and notices under which Schmap offers the Services, including without limitation any modifications associated with the usage of the Site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional provisions posted on the Site. Your continued usage of the Services after the effective date of such modifications constitutes Your acceptance of and agreement to such modifications.

HOW YOU MAY UTILIZE THE SERVICES

In utilizing the Services, You agree to:
  1. i. use the Services ONLY as described in these Terms;

  2. ii. abide by any additional terms, codes of conduct, or other notices pertaining to the Services provided by Schmap; and

  3. iii. comply with all applicable laws and use the Services in a lawful manner.

HOW YOU MAY NOT UTILIZE THE SERVICES

In utilizing the Services, You shall NOT:
  1. i. use any means to modify or reroute the Services;

  2. ii. broadcast, reproduce, republish, post, transmit or distribute any part of the Services (other than as specifically allowed via schmaps pursuant to these Terms);

  3. iii. post, share, or otherwise transmit any content which is patently offensive and/or promotes bigotry, racism, hatred or harm of any kind to another group or individual or exploits persons in a sexual manner (including without limitation content which contains nudity or links to an adult-themed web site);

  4. iv. use the Services in connection with services provided by You that are not generally accessible to consumers without charge;

  5. v. use the Services in any way that harms Schmap, its affiliates, resellers, distributors, customers, service providers and/or suppliers, as determined by Schmap in its sole discretion;

  6. vi. use the Services in any manner that could damage, disable, overburden, or otherwise harm the Services and/or Site or interfere with any other party's use and enjoyment of the Services and/or Site;

  7. vii. use any meta tags or any other "hidden text" utilizing Schmap's name or trademarks without the prior written consent of Schmap;

  8. viii. display the Site in frames or utilize any other techniques to display the Site (or any content on the Site) without the prior written consent of Schmap;

  9. ix. use the Services in any manner which is contrary to the provisions of any applicable third party terms of use or other agreements (including any requirement to secure written permission prior to making certain utilization of content);

  10. x. use the Services to "stalk" or otherwise harass another; and/or collect or store personal data about any other person or entity.

  11. xi. employ any technique to compile any false or misleading information or content;

  12. xii. harm minors in any way;

  13. xiii. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

  14. xiv. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

  15. xv. use the Services in any manner that violates or infringes the rights of any third parties, including without limitation copyright, trademark, patent publicity, or other proprietary rights;

  16. xvi. use the Services to gain unauthorized access to any third party services, user accounts, computer systems, or networks;

  17. xvii. use the Services to save, store, copy, print or otherwise access any names, phone numbers, fax numbers, email addresses, postal addresses, or any other contact information of any kind for the purposes of directly or indirectly (by You or any third party) transmitting or causing to be transmitted any bulk or commercial or unsolicited emails, fax communications, phone calls, or postal mail to any person or entity; or

  18. xviii. use the Schmap domain name or other contact information as a pseudonymous reply email, postal, and/or fax address (or any other type of return address) for any communication transmitted from another location or through another service or otherwise impersonate Schmap or any other third party.

SCHMAPS

One of the features of the Services is the ability to create and tweet 'schmaps' for your events and activities. You agree that the other terms and conditions in these Terms apply to Your creation and usage of schmaps, including without limitation the restrictions set forth above. Additionally, You acknowledge and agree as follows:

  1. (A) Copyright / Ownership. When You publish a schmap on the Internet, You retain ownership of any copyright You claim to Your submitted materials. By publishing Your schmap, You give Schmap a non-exclusive, perpetual, royalty-free, worldwide license to publish, distribute and otherwise use Your schmap solely for the purpose of displaying, distributing, and promoting Your schmap. This license will terminate once You withdraw Your schmap from publication.

  2. (B) Creative Commons Content. Schmaps that are published by other users of the Services may include content that is licensable to You by way of a Creative Commons license (the "Creative Commons Content"). Please note that there are different types of Creative Commons licenses: should you have interest in using any Creative Commons Content for Your project, You should carefully review the Creative Commons license terms that apply to such content. This Agreement does not limit or restrict Your right to license any Creative Commons Content.

  3. (B) Creative Commons Content. Schmaps that are published by other users of the Services may include content that is licensable to You by way of a Creative Commons license (the "Creative Commons Content"). Please note that there are different types of Creative Commons licenses: should you have interest in using any Creative Commons Content for Your project, You should carefully review the Creative Commons license terms that apply to such content. This Agreement does not limit or restrict Your right to license any Creative Commons Content.

  4. (C) Removal of Restricted Content. Schmap has the right to immediately delete any schmap (or part thereof) published by You that violates any of the restrictions set forth above (in particular content that is offensive or violates the intellectual property rights of another user) without notice to You.

  5. (D) No Backup or Storage Service. Schmap does not provide any backup or data storage service for any of the materials that You publish in a schmap. When You publish a schmap on the Internet, a copy thereof is published to our servers. Please note that any photos that You add to Your schmap will be automatically resized to enhance functionality, and You should therefore NOT rely on a schmap to save any of Your photos.

THIRD PARTY CONTENT AND LINKS

The Materials may include content provided by third parties, including schmaps posted on the Site by other users of the Services. The inclusion of such third party content by Schmap does not constitute or imply an endorsement or recommendation of any third party (including without limitation the content of any schmaps) by Schmap. Schmap makes no representations or warranties regarding the accuracy or completeness of any such third party content. The Site and/or the Services may also contain links to third party World Wide Web sites (the "Linked Sites"). The Linked Sites are not under the control of Schmap and Schmap shall not be responsible for the information, communications, materials or contents of any Linked Site, including without limitation any link contained within a Linked Site, or any modifications or revisions to a Linked Site. Schmap shall not be responsible if the Linked Site contains any bugs, errors, or otherwise is not functioning correctly. Schmap provides the Linked Sites to You solely as a convenience, and the inclusion of a Linked Site does not imply endorsement by Schmap of the site or any association with the operators of such site. You are responsible for viewing and abiding by the terms of use contained at the Linked Sites. Any dealings, promotions, or transactions between You and any third parties having Linked Sites, and any other terms, conditions, warranties or representations associated with such dealings, promotions, or transactions, are solely between You and such third party. Schmap shall not be responsible or liable for any part of any such dealings, promotions, or transactions.

FEES FOR USING THE SERVICES

Although there will always be a free version of the Services, Schmap intends to introduce a premium version in the future. Schmap reserves the right to charge fees for optional premium functionality, and will provide full details to all users in this case.

ADVERTISEMENTS AND PROMOTIONS

Schmap reserves the right to run advertisements and promotions within the Services (the "Promotions"). You agree that Schmap has the right to run such Promotions without any compensation to You. Any dealings, promotions, or transactions between You and any third parties with regards to the Promotions, and any other terms, conditions, warranties or representations associated with such dealings, promotions, or transactions, are solely between You and such third party ; Schmap shall not be responsible or liable for any part of any such dealings, promotions, or transactions.

MAP INFORMATION AND AERIAL PHOTOGRAPHS

Any map information provided by or made available for download on the Site and/or in connection with the Services is intended for preliminary planning purposes only. You may find that road routes, the locations of points of interest, construction projects or other events may differ from the map. Likewise, any aerial photographs that may be viewed or included using the Services are not real-time, may contain inaccuracies, and may differ from actual current conditions.

UPDATES AND REVISIONS

Schmap may update and/or revise the Site, the Materials, and/or the Services at any time for any reason. Schmap shall not have any obligation to inform You of or furnish to You any such updates and/or revisions.

WARRANTY DISCLAIMER

SCHMAP PROVIDES THE SITE AND THE SERVICES "AS-IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. SCHMAP AND ITS LICENSORS PROVIDE NO WARRANTY OR GUARANTEE WITH REGARD TO THE ACCURACY OR TIMELINESS OF ANY INFORMATION AVAILABLE FROM THE SITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCHMAP DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, THE MATERIALS, THE SERVICES, THE RELATED INFORMATION AND ANY SUCH SERVICES OR CONTENT, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR SECURITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. SCHMAP DOES NOT WARRANT THAT THE SITE, THE MATERIALS, THE SERVICES OR ANY RELATED SERVICES OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS NOR DOES SCHMAP WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE SITE, THE MATERIALS, OR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, TO THE EXTENT YOUR JURISDICTION PERMITS SUCH LIMITATIONS, ANY IMPLIED REPRESENTATIONS, WARRANTIES, AND/OR TERMS OR CONDITIONS ARE LIMITED IN DURATION TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY BY JURISDICTION.

LIMITATION OF LIABILITY AND DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCHMAP OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, THE MATERIALS, AND/OR THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SCHMAP OR ITS LICENSORS, AND EVEN IF SCHMAP OR ANY OF ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE NOT SATISFIED WITH THE SITE, THE MATERIALS, AND/OR THE SERVICES OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST SCHMAP WITH RESPECT TO THESE TERMS, THE SITE, THE MATERIALS, AND/OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, THE MATERIALS, AND THE SERVICES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTION 12 AND SECTION 13 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

TRADEMARKS

"Schmap" is a trademark of Schmap, Inc. Certain other words, phrases, names, designs or logos contained on the Site or within the Services may constitute trademarks, service marks or trade names of Schmap or other entities. The unauthorized use of any trademarks contained on the Site or within the Services is strictly prohibited.

FEEDBACK

In the event that You provide Schmap with any information such as (but not limited to) feedback, data, answers, questions, comments, suggestions, plans, or concepts, You recognize the submission of such information to Schmap shall in no way prevent the development, use, or sale of similar products, services, plans and/or concepts by Schmap for any purpose whatsoever.

MISCELLANEOUS PROVISIONS

Except as expressly stated herein, these Terms constitute the entire agreement between You and Schmap with reference to Your usage of the Services. There are no agreements, conditions, understandings or representations, oral or written, express or implied, with reference to the subject matter of these Terms that are not merged herein, expressly referenced herein, or superseded hereby. These Terms do not limit any rights that Schmap may have under trade secret, copyright, patent, trademark or other laws. If there is any dispute about or involving these Terms, the Site, the Materials, or the Services, You agree that such dispute shall be governed by the laws of the State of California without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco. If any provision of these Terms is ruled unenforceable, such provision shall be enforced to the extent permissible, and the remainder of these Terms shall remain in effect. No decision, action or inaction by Schmap shall be construed to be a waiver of any of its available rights or remedies. You may not assign, sublicense, delegate or transfer all or any portion of Your rights or responsibilities under these Terms, by operation of law or otherwise, without Schmap's express prior written consent. Any attempts to do so shall be void and constitute a material breach of the Terms. Schmap may freely assign, sublicense, delegate or transfer all or any portion of its rights or responsibilities under the Terms by operation of law or otherwise without notice to You. Any assignment of these Terms by Schmap in connection with a sale of its business shall relieve Schmap from any further liability hereunder. All the terms and provisions of the Terms shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns. The captions and section headings used in these Terms are inserted for convenience only and shall not affect the meaning or interpretation of these Terms.

Effective: October 12th, 2010