The mobile applications, services, site and documentation available in connection with this site and mobile application (the "Services") are made available to you by Mapture ("Mapture", "we", "us", or "our") subject to these Terms of Use (the "Terms" or "TOU"), including those set forth in the Privacy Policy.
By accessing, using or downloading any materials from the Services, you agree to follow and be bound by the Terms, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time via https://mapture.com/tou. We may make improvements and/or changes in the products, services, mobile applications, features, programs, and prices described in the Services at any time without notice.
The Services are not intended for and are not designed to attract children under 13 years of age. If you are over 13 years of age but not yet of legal age to agree to a binding contract (in most jurisdictions over the age of 18) you must have a parent or guardian read these Terms and agree to them. If you are a parent or guardian providing consent on behalf of a minor, you agree to be bound by these Terms regarding the minor’s uses of our Services.
IF YOU DO NOT AGREE WITH THE TERMS, PLEASE DO NOT USE THE SERVICES. BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.
Most of our services, particularly those providing data as part of a subscription, require continued verification via account Credentials, e.g. user name and password, or other forms of authentication, such as provided by your device manufacturer or operating system provider. While we make every reasonable effort to safeguard such information, you are responsible for maintaining and protecting your Credentials in connection with the Services. Any activity using your Credentials is your responsibility, regardless of whether you authorized that activity. If you learn that someone is using your Credentials without your consent or of any other security violation, you agree to notify us immediately. Please note that – other than where permitted by us with express permission, which you must request in writing – it is a violation of our Terms for you to share account Credentials for the purpose of allowing another person to avoid paying for our Services. We reserve the right to cancel your Account immediately without refund and terminate access to all Services should it come to our attention a violation has occurred.
Non-payment for services will result in restriction or reduction in access to those portions of content or features requiring purchase or subscription. Where allowable by payment processors, we may – at our discretion – elect to pro-rate refunds upon notification of cancellation by the processor. Generally, a refund will not be provided and you will have access to the content and features provided under the terms of the purchase through the end of its current duration.
You agree that Mapture or its Licensors own all legal right, title and interest in the Services and Content provided by Us. This Content is protected by trade or servicemarks, patents, copyrights or other proprietary rights and laws, regardless of those rights being registered or not, wherever in the world such rights exist. Except as provided in Section 6, Mapture agrees that it has no right, title or interest from you to any Content you create, upload, post, share or transmit via our Services. You may waive these rights in writing. For example, if we request the use of your Content in an advertisement or news article. You agree that you are solely responsible for protecting and enforcing any rights related to your Content and that Mapture has no responsibility on your behalf regarding this.
Mapture grants you a limited, non-transferrable, non-sublicensible, non-exclusive license to access and view Content provided by us or or licensors and make use of our Services solely for personal, non-commercial use. Reproduction of our Content, including cartographic depictions, in print is limited to a reasonable number of pages suitable for your personal, non-commercial use.
Services provided by Mapture to you are licensed, not sold to you. You may not reproduce, screen scrape, "data mine", reverse-engineer or attempt to in any other manner to obtain data from our Services and Content beyond what is reasonable for your personal, non-commercial use. Other than Content expressly provided in a shareable, downloadable format by Us, such as GPX data (e.g. waypoints, routes, tracks) – whether created by you or others – you may not store Content provided via our Services in any format or storage system not integral to our Services.
You may not (or allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in our Services. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services.
You may not interfere with or disrupt the Services nor access them in a manner intended to circumvent fees, exceed usage or storage limits, or impede the ability of other users to use the Services and Content.
You may not access our Services for the purpose of creating products or services competitive with our Services or for the purpose of bringing an intellectual property infringement claim against Mapture or our licensors.
As a user of our Services you are expected to use them in lawful and ethical ways, particularly adhering to the principles of "fair chase" and game, wildlife, or environmental regulations. We may restrict or remove your access to these products and services for actions harmful to us, other users, the general public or any others.
Examples of unacceptable behavior by users include:
a) Public or private harassment;
b) Publishing others’ private information, such as a physical or electronic address, without explicit permission;
c) Trolling, insulting/derogatory comments, and personal or political attacks; or
d) The use of sexualized language or imagery and unwelcome sexual attention or advances.
e) The use of our Services to surveil or track others who have not expressly agreed to participate such activities, regardless of whether they are registered users or not.
Your use of our Service is also governed by Mapture’s Privacy Policy. By using our Services, you agree to the terms set forth in that policy. Your use of Mapture’s services will further be subject to other terms specific to those services. Please read our Privacy Policy (https://mapture.com/privacy) for more information.
Mapture may, at its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Mapture through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, and initiation of support requests ("User Content"). Mapture may, in its sole discretion, remove, edit or disable User Content for any reason, including if Mapture reasonably determines that User Content violates this TOU. Mapture does not assume any responsibility or liability for User Content, for removing it, or not removing it or other Content. Mapture does not pre-screen all User Content and does not endorse or approve any User Content available on the Services.
Any User Content provided by you remains your property. However, by providing User Content to Mapture, you grant Mapture a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Mapture’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that:
i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Mapture the license to the User Content as set forth above; and
ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Mapture’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
If you believe that your work has been copied and posted to Mapture’s Services in a way that constitutes copyright infringement, please provide us with the following information:
i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
ii) a description of the copyrighted work that you claim has been infringed;
iii) a description of where the material that you claim is infringing is located on our Services or our Site;
iv) your address, telephone number, and email address;
v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please send all of the above information to:
Copyright Agent
Mapture, Inc.
718 S. Raleigh St.
Helena, MT 59601
If you do not send us all of the required information, your notice/request may not be valid.
Mapture, in its sole discretion, may terminate or suspend use of the Services at any time for any reason or for no reason at all, without prior notice or liability to you. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We may change this TOU from time to time. You should check back here periodically to see if the TOU has been updated. We will always show the date of the latest modification of the TOU at the top of the page so you can tell when it was last revised.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY. Mapture and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors hereby disclaim all warranties with regard to such information, software, products, services and content, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and noninfringement.
Mapture and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the information obtained from the use of the Services will be accurate, reliable, current or complete; (d) the quality of any information or other material obtained by you through the Services will meet your expectations; and (e) any errors in the Services will be corrected.
CONTENT PROVIDED THROUGH OUR APPLICATIONS AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. It is your responsibility to confirm its accuracy, especially as related to property boundaries. Source data may vary in positional accuracy, update frequency (e.g. change of ownership or subdivision of property), or in other ways. Our content, algorithms and use of locational and other data may not be used for any purpose requiring precise location, direction or measurement.
CONTENT PROVIDED THROUGH OUR APPLICATIONS AND SERVICES IS NOT A LEGAL DESCRIPTION OR SURVEY. Property ownership is subject to change at any time. Data provided to us may or may not reflect changes in ownership or boundaries in a timely manner. It is your responsibility to verify boundaries, roads and other infrastructure, and rights of way. To obtain a legal description of real property, consult official records, such as deeds, recorded by an applicable governmental authority.
You expressly agree to release Mapture, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the "released parties") from any and all liability connected with your activities, and promise not to sue the released parties for any claims, actions, injuries, damages, or losses associated with your activities.
You also agree that in no event shall the released parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with:
a) your use or misuse of the Services;
b) any delay or inability to use the Services experienced by you;
c) any information or content obtained through the Services, whether based on contract, tort, strict liability, or otherwise, even if Mapture has been advised of the possibility of damages.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to indemnify, defend and hold harmless Mapture, its parents, subsidiaries, affiliates, customers and vendors, and their respective officers, directors and employees from any liability, damage, cost, or fees (including reasonable attorneys’ fees) arising from:
a) any claim or demand made by any third party due to or arising out of your access to the Services;
b) your use of the Service or site, and/or violation of the Terms;
c) or the infringement by you, or any third party using your Mapture account, of any intellectual property or other right of any person or entity.
These Terms shall be governed by and construed in accordance with the laws of the State of Montana in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of Montana and further agree that any cause of action arising from or relating to the use of the Services or these Terms shall be brought exclusively in the Federal or State Courts residing in Helena, Montana.
To the fullest extent of the law, you agree that any claim or cause of action arising from or relating to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mapture with respect to your use of the Services. The failure of Mapture to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Any waiver of any right or provision by Mapture must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. Any rights not expressly granted herein are reserved.
We regularly review our compliance with these Terms. Questions, comments and requests regarding this TOU are welcomed and should be addressed to [email protected].