MAPIAN MOBILE TECHNOLOGIES INC. (“MAPIAN”/ “WE” / “US”) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.MAPIAN.CO (“WEBSITE”) AND THE MAPIAN APPLICATION (“APP”). THESE TERMS OF SERVICE (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN MAPIAN AND ALL USERS OF THE WEBSITE AND APP INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE THE SERVICES PROVIDED THROUGH THE WEBSITE, USERS WHO DOWNLOAD THE APP, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THE WEBSITE (COLLECTIVELY, “USERS” / “YOU”) . THESE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE MAPIAN APP, WEBSITE AND SERVICES AND ANY CONTENT THEREIN. UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO THE SERVICES INCLUDE THE SERVICES AVAILABLE THROUGH THE APP AND THE WEBSITE, AS WELL AS ANY SOFTWARE THAT MAPIAN PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SERVICES FROM A MOBILE DEVICE AND ANY OTHER MATERIALS (AS DEFINED BELOW).
You may download and/or print a copy of these Terms for you records at: http://www.mapian.co/terms.
Important Note: These Terms contain a dispute resolution and arbitration provision, including class action waiver, which affects your rights under these Terms and with respect to any dispute you may have with Mapian. You may opt out of the binding individual arbitration and class action waiver as provided below.
Mappian provides a photo-sharing service based on Users’ geographic location. Users will be able to take a photo of a particular location or event and share that photo on the map in the App. Users can choose to make the post visible to some friends, all friends, or to the public. Users will be able to tap on the location in the map and see all the photos (that they have permission to view) that other Users have posted in connection with that particular location and/or event in the last twenty-four (24) hours. All posts will disappear from the map 24 hours after first being posted, regardless of your chosen visibility settings. Additionally, the App will provide push notifications for events and locations you may be interested in based on your geographic location.
Account Activation; Invitation Codes
In order to activate your account, you must be physically present in one of our designated geo-fencing areas (for example, a university campus). Once every twenty four (24) hours, Users can sent an invite code to a friend who is not located within one of our designated activation areas, and that individual will be able to activate an account regardless of his or her geographic location.
The Services may not be available in all locations, and we may block access to the Services from certain locations based on your device’s geolocation information. We may add to or remove the areas in which the Services are not available at any time, without notice to you.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.
You are responsible for any information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on, through or in connection with the Services (“User Content”). We reserve the right to retain User Content, even after it has expired from view within the App or even after you have deleted them. However, you agree that we have no obligation to retain any User Content for any period of time, nor shall we be responsible or liable to you or any third party for any lost content or losses related to the expiration or deletion of a Submission.
You may not upload, post or otherwise make available on the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage or harm resulting from any User Content you create. You have full responsibility for all User Content, including its legality, reliability and appropriateness.
You may use the App for your personal, non-commercial use. You may not:
Except for the limited rights expressly licensed in these Terms, Mapian and its third-party licensors or suppliers retain all right, title, and interest in and to the Services.
When using the App and/or any other part of the Services, you agree not to:
Mapian reserves the right to (a) terminate access to your account and your ability to post to the Services (or otherwise use the Services) and/or (b) refuse, delete or remove any User Conduct; with or without cause and with or without notice, for any reason or no reason, or for any action that Mapian determines is inappropriate or disruptive to the Services or to any other user of the Services. Mapian may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Mapian’s discretion, Mapian will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services or on the Internet.
We may ask for your mobile number in order to verify your account when you try to post content or if we suspect improper activity on your account. Please note that your carrier’s text messaging and data fees apply for mobile number verification.
End User License
Mapian provides content through the Services that is copyrighted and/or trademarked work of Mapian or Mapian’s third-party licensors and suppliers or other users of the Services (collectively, the “Materials”). Materials may include logos, text graphics, video, images, photos, software and other content.
Subject to these Terms, Mapian hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to use and to display the Materials, to download one (1) copy of the App onto a mobile device that you own or control, and to use the Services solely for your personal, non-commercial use (“License”) The App is licensed to you and not sold. Nothing in the Terms gives you a right to use the Mapian names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or App shall be subject to the terms of these Terms. Except for the foregoing license, you have no other rights in the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner.
License of User Content
Additional App Store Terms.
The following additional terms and conditions apply with respect to any App that Mapian provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
If you breach any of these Terms, the above license will terminate automatically and you must immediately stop using the Services and destroy any downloaded or printed Materials.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS.
THE WEBSITE, SERVICE, MAPIAN APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” MAPIAN SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. MAPIAN DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND MAPIAN SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. MAPIAN WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
Limitation of Liability
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any User Content posted by you to or through the Services. When you provide User Content you agree that User Content shall not be in violation of the “User Conduct” section above. Although Mapian may, in its sole discretion, monitor and remove or edit User Content for any reason, including but not limited to violation of the “User Conduct” section of this Agreement, Mapian is not obligated to do so. Unauthorized use of any Materials or Third-Party Content contained in the Services may violate certain laws and regulations. You agree to indemnify and hold Mapian and its officers, directors, employees, consultants, affiliates, agents, licensors, and business partners (collectively, the “Indemnified Entities”) harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Mapian or any other Indemnified Entity suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Services or the use of the Services by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Because we do not supervise or control interactions between Users, and because We cannot guarantee the true identity, age, nationality of Users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Website, App or Services, You agree that You bear all risk and You agree to release Mapian(and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the App or Services, Your interactions and transactions with Users, Your third party transactions, and our resolution of any disputes between Employer Administration, Supervisors and Workers. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
Local Laws; Export Control
Mapian controls and operates the Services from its headquarters in Canada and the Services may not be appropriate or available for use in other locations. You are responsible for following applicable laws and regulations in your jurisdiction, including but not limited to laws and regulations regarding the transmission of technical data exported from Canada or the country in which you reside.
If you send or transmit any communications, comments, questions, suggestions, or related materials regarding Mapian or the Services, whether by email or otherwise (collectively, “Feedback”), such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Mapian is free to use, without any attribution or compensation to you, any and all Feedback for any purpose whatsoever. You understand and agree that Mapian is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Availability & Updates.
Mapian may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service and/or App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Mapian may periodically add or update the information and materials on this Website without notice.
Information sent or received over the Internet is generally unsecure and Mapian cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Mapian will not be liable for any loss or damage arising from your failure to comply with these requirements
Dispute Resolution and Arbitration; Class Action Waiver
Please read the following provision (the “Provision”) carefully; it requires you to arbitrate disputes with Mapian and otherwise limits the ways you can seek remedies from us.
Many customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at email@example.com. We ask that you please contact us if you have any concerns.
This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and Mapian. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
This provision provides that all Disputes between you and Mapian shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “Mapian” means Mapian and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, contractors and agents. The term “Dispute” means any dispute, claim, or controversy between you and Mapian regarding any aspect of your relationship with Mapian, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Mapian’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give Mapian an opportunity to resolve the Dispute. You must commence this process by mailing written notification to:
Mapian Mobile Technology Inc.
The Hub, Instructional Centre
1265 Military Trail,
Toronto, ON M1C 1A4,
That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Mapian does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or Mapian may choose to pursue a Dispute in court and not by arbitration if (a) given the nature and amount of the Dispute, it may be initiated in small claims court; or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to:
Mapian Mobile Technology Inc.
The Hub, Instructional Centre
1265 Military Trail,
Toronto, ON M1C 1A4,
Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Yik Yak through arbitration. Your decision to opt out of this Arbitration Provision will have no adverse effect on your relationship with Mapian. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
Arbitration Organization: If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Mapian may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration: You or Mapian may initiate arbitration in either Ontario, Canada, or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, Mapian may transfer the arbitration to Ontario, Canada in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs: Mapian will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Mapian as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Mapian specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into this Agreement you and Mapian are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Mapian might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided in this Provision, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your service with Mapian or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if Mapian makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Mapian to adhere to the language in this Provision if a dispute between us arises.
Mapian respects the intellectual property rights of others. If you believe that your intellectual property appears on the Services in violation of your copyright, please provide Mapian’s designated agent the following information:
Mapian’s agent for notice of claims of intellectual property infringement on the Services can be reached as follows:
Mapian Mobile Technology Inc.
Attn: Copyright Agent
Mapian Mobile Technology Inc.
The Hub, Instructional Centre
1265 Military Trail,
Toronto, ON M1C 1A4,
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid notice from a government agency.
If you have any questions about these Terms or otherwise need to contact Mapian for any reason, you can reach us at firstname.lastname@example.org