You may use the following quick links to assist you in navigating this Agreement:
If you have any questions about this Policy, please feel free to contact us at: email@example.com.
IMPORTANT: BY USING THE SERVICES, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES.
In order to better provide you with information mapping services, we collect two types of information about our users: Personally Identifiable Information ("PII") and Aggregate Information.
Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities such as voluntarily creating or submitting content in through our Services, or contacting us, we may ask you to provide certain information about yourself, or you may choose to provide certain information about yourself.
Examples of PII may include your first and last name, e-mail address, social media account information (such as user names and passwords), residential or commercial address or location, and other identifying information.
Aggregate Information: This refers to information that does not by itself identify a specific individual. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. We gather certain information about you based upon how you use our Services, such as which filters you use in connection with the “Search” feature on MAPOOI; which features you use or view on our Services; which device you are using and your Internet Protocol ("IP") address.
We do not collect any PII about you unless you voluntarily provide it to us. However, you may be required to provide certain PII to us when you elect to use certain features available through our Services. These may include providing your social media login information (such as user names and passwords) when you use MAPOOI's "Map" feature; or when you submit messages, emails, or answers to questionnaires to us through our Services.
We may also collect certain Aggregate Information. For example, we may use your IP address to diagnose problems with our servers or Services; or to administer our Services and to gather demographic information. Our third party Service Partners (as defined in our "Release of Information" section below) may also provide us with aggregate, but not individual, reports that may tell us information such as which features you used on our Services, or which locations or terms you searched on our Services.
A cookie is a small data text file which is stored on your computer that uniquely identifies your browser. While we do not set or access cookies on your computer, we will permit our Service Partners to store cookies on your computer in order to collect Aggregate Information about our users and to customize certain aspects of your specific user experience.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of our Services may not function properly if you elect to disable cookies.
We will not sell, trade, or rent your PII to others. We do provide some of our Services through contractual arrangements made with affiliates, service providers, partners and other third parties ("Service Partners"). We and our Service Partners may need to use some PII in order to deliver our Services to you, to analyze and improve our Services, or to perform tasks between our respective organizations.
Occasionally, we may be required by law enforcement or judicial authorities to provide PII to the appropriate governmental authorities. In such cases, we will disclose PII upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our Services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
California Civil Code Section 1798.83, known as the "Shine the Light" law, requires us to provide to you, upon our request, with: (a) a list of your personal information, if any, which we have disclosed to third parties for direct marketing purposes in the preceding calendar year, and (b) the names and addresses of those third parties. You may make such a request once per calendar year, and we will provide the information to you free of charge. Please send any requests made pursuant to this section to us at: firstname.lastname@example.org. However, as defined under Section 1798.83, we do not currently share any personal information with third parties for their direct marketing purposes.
Do Not Track Disclosures: Pursuant to the California Online Privacy Protection Act, Spotlight is required to disclose how it responds to "Do Not Track" signals or similar mechanisms ("DNT") emitted from the web browsers of visitors of the Site. To date, no conclusive DNT technology standard has been established, and so our Services currently do not respond to DNT signals.
We believe you should have the ability to access, correct, and inquire about your personal information and privacy preferences. You may do so by emailing us at: email@example.com.
Please include your name, address, and/or email address when you contact us.
We encourage you to promptly update your PII if it changes. You may ask to have information relating to you deleted or removed; however it may be impossible to completely delete your information without some residual information because of backups.
We may, from time to time, send you email regarding new services that we feel may interest you if you indicated to us that you are interested in receiving offers or information from us or our partners. If you do not want to receive offers or information from us, you can "opt-out" by emailing us at firstname.lastname@example.org and requesting that you no longer receive such offers and mailings.
In using our Services, you can be assured that your PII is secure, consistent with current industry standards. We strive to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of your PII. For example:
- We encrypt all PII in order to prevent unauthorized parties from viewing such information when it is transmitted to us. We strive to keep collected information only for as long as reasonably necessary; however, we may keep collected PII indefinitely as it may be difficult or impossible to completely delete all PII due to system backups. We will use PII only for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
- We limit access to PII only to specific employees, contractors and agents who have a reasonable need to come into contact with your information. For example, we may provide members of our technical support team with limited access to your information in order to allow them to troubleshoot problems you may be having with the Services.
- Additionally, we also employ a number of physical, electronic, and procedural safeguards to protect PII. Our secure servers and our data centers are protected by industry-standard encryption, and our servers reside behind firewalls and employ high-level password protection.
- Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through the Services or through email cannot be guaranteed.
You must be at least 18 years old to have our permission to use our Services. Our policy is that we do not knowingly collect, use or disclose PII about any user of our Services who is less than 18 years of age.
Last Updated: September 15, 2016
You may use the following quick links to assist you in navigating this Agreement:
We require that all users of our Services are at least 18 years old. By accessing or using our Services, you represent and warrant that you are legally able to form a binding contract with us, and you are not barred from accessing or using our Services under the laws of your jurisdiction. If you are not at least 18 years of age, you must not use our Services.
Our Services give users a virtual platform where they can access information mapping services and communicate with one another about the location of events or other items of interest. By using our Services, you acknowledge and agree that you may voluntarily disclose your location or locations of certain events or occurrences to the public; and that by doing so, you expressly assume any associated risk and sole responsibility therefor.
License to Use the Services
Records and Disclosures
Termination of Our Services
By using our Services, you understand and agree that at our sole discretion, and with or without cause or notice to you, we can terminate this Agreement, your access to our Services; or suspend or block your access to our Services.
Our Services may be subject to limitations, delays, and other problems that are associated with the use of the internet and electronic communications. We are not responsible for any delays, delivery failures, or other damage resulting from these problems.
Disclaimers and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE OUR SERVICES REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER WE HAVE BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OUR SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO US FOR YOUR ACCESS TO OUR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT OUR SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN AUTHORIZED REPRESENTATIVE OF PEL WILL CREATE A WARRANTY.
Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.
Your Indemnification of PEL
By accessing, registering for, using, or downloading our Services, you agree to indemnify, defend and hold harmless PEL, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including reasonable attorneys’ fees) related to:
b. Your use of and/or access (or any use or access by a third party through a social media account owned by you) to our Services;
c.Your violation of any third party right, including without limitation, any copyright, property, moral or privacy right; or
d.The unavailability of our Services
You and other users may use our Services to create or transmit content such as information, data, text, photographs, graphics, video, social media postings, messages, tags, or other materials ("User Content").
By using our Services, you agree to respect PEL, fellow users of our Services, and members of the public, and you represent, warrant and agree that your User Content will not contain anything that is or could appear to be:
- Threatening, bullying, harmful, stalking, harassing, offensive or hateful;
- Racially, ethnically, or otherwise objectionable;
- Untrue, misleading, libelous, or invasive to another person's privacy or protected data;
- Pornographic, sexually explicit, unlawful or plagiarized;
- Infringing or allegedly infringing on a third party's intellectual property rights, including patent, trade secret, copyright, trademark, right of publicity or other proprietary rights;
- Anything that you do not have the legal right to transfer;
- Anything that you are legally bound not to disclose under contractual or fiduciary relationships including, but not limited to, inside information or proprietary and confidential business information;
- Undisclosed or unauthorized advertising;
- Software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunication equipment;
- Data or information obtained by the unauthorized access of another's computer or social media account, submission of which to the Services would constitute unauthorized use; and
- Anything that violates applicable local, state, federal or international law, regulation or statute (including export laws).
We take conduct and use violations very seriously.If you use our Services in a prohibited way, or in a way that we deem to be unacceptable, it will result in immediate suspension or cancellation of your access to the Services and the possibility that we will pursue civil remedies against you without providing advance notice.
You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid, and sublicensable license to use, copy, perform, display, distribute, and make derivative works from the User Content you submit through our Services.
User Content Disclaimer
We have no way to control nor do we have a duty to take any action with regard to how you and other users of our Services interpret, receive or use content on our Services. You are solely responsible for how you view, use and interpret User Content on our Services. You, not PEL, are fully responsible for the quality, integrity, legality, accuracy, intellectual property ownership, reliability, appropriateness, or the right to use all of the User Content. We cannot be held responsible for the deletion, correction, destruction, damage, loss or failure to store any User Content, or for any damage resulting from errors or omission in User Content.
User Identity Disclaimer
We cannot guarantee the identity of any users with whom you interact on or outside our Services, and cannot guarantee which users gain access to the Services. You should take reasonable precautions when visiting any location, event or user listed on the Services.
Monitoring User Content
We expressly disclaim any and all liability in connection with User Content. Wemay, but are not obligated to, modify or remove User Content from our Services at our sole discretion and without prior notice. We also reserve the right to terminate your access to our Services at any time at our sole discretion and without prior notice.
BY USING OUR SERVICES YOU UNDERSTAND AND AGREE THAT WE RESERVE THE RIGHT, BUT DO NOT ASSUME RESPONSIBILITY, TO MONITOR USER CONTENT ON OUR SERVICES. ALL CONTENT ON OUR SERVICES IS PRESENTED TO YOU AS IS AND MAY BE USED ONLY BY YOU, AND ONLY AT YOUR OWN RISK.
Social Media Accounts
You agree to accessor use our Services only through the use of social media accounts which are personal to you and which are not used by any other user or legal entity. You agree to be solely responsible for maintaining the confidentiality of your social media account information, andto immediately notify us of any unauthorized use of your account(s) or any other breach of security by emailing us at email@example.com.
You understand that all User Contentis the sole responsibility of the account owner from which the User Content originated, and you agree that you are solely responsible for all activities that occur on the Services through your social media account(s), whether such activities result from you or any third party.
Harmful or Illegal Use
To the extent permitted by applicable law, you are NOT ALLOWED to:
- use User Content or any information displayed on our Services to commit a crime or to stalk, threaten, mislead or harass any individual or entity;
- permit another useror legal entity to access our Services through any social media account which is owned or operated by you;
- undergo excessive use of CPU time, bandwidth, network capacity, disk IO, or storage space in relation to our Services;
- use our Services to send unsolicited bulk electronic mail messages ("Spam");
- use "warez," including pirated software, ROMs, emulators, phreaking, hacking, phishing, password cracking or cheating, IP spoofing, etc.;
- use or launch any automated system on our Services or network, including (without limitation) "robots" or "spiders."
- use BitTorrents or related technology on our servers;
- attempt to access through our Services any accounts or other networks that do not belong to you;
- undertake any act that interferes with the use of our Services by another user;
- circumvent security measures on our Services;
- engage in illegal activities or engage in activities harmful to PEL, our Services, users of our Services or members of the public;
- use our Services to collect or use any personally identifiable information ("PII") including, without limitation, account names or email addresses;
- engage in terroristic activities;
- send or store infringing, obscene, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or that violates any third party IP or privacy rights; or
- provideor disseminate false data to or on ourServices.
Our Services may contain User Content or advertisements which link to third party websites and services that are not owned or
controlled by us and we cannot control, and will not be held responsible for, the content, privacy policies, or practices of
any third party websites or services. By using our Services, you specifically release PEL from any and all liability arising
(a) use of any third party website; (b) use of any third party services, or (c) interaction with any third party.
We respect the intellectual property rights of others and expect you to do the same. To the extent permitted by applicable law, you are NOT ALLOWED to:
- decompile, disassemble, or electronically transfer our Services to third parties;
- modify our Services in any way;- reverse engineer, or permit others to reverse engineer, our Services;
- copy the help features, textor other documentation associated with our Services;
- rent, lend, publicly present, broadcast or distribute our Services;
- make derivative works related toour Services;
- translate our Services into another computer language;- use our Services on a device that you do not own or control;
- permit multiple users to share a single user name on our Services; or
Our Intellectual Property
- The content provided in our Servicesis owned by us or is licensed to us. This includes, but is not limited to the text, graphics, photos and interactive features created by and for us (collectively, "PEL Content"). This also includes trademarks, service marks, and logos contained in our Services ("PEL Marks"), subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. By registering for our Services, you are not granted a right or license to the PEL Content or Marks other than as set forth in this Agreement.
The PEL Content and Marks displayed on our Services are provided to you AS IS, for your information and personal use only. PEL Content must not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever. This includes any use, copying, or distribution of PEL Content obtained through our Services for any commercial purpose.
If you believe that your work has been copied on our Services in a way that constitutes copyright infringement, please send the following information to firstname.lastname@example.org:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the allegedly infringing material is located on the PEL Services, with enough detail that we are able to find it on the Services;
- Your Address, Telephone Number, and Email Address where you may be reached;
- A statement by you that you have a good faith belief that the use of the material is not authorized by copyright or intellectual property owner, its agent, or the law; and
- A statement made by you, under the penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or that you are authorized to act on their behalf.
a. Entire Agreement
b. Choice of Law and Forum
c. Location and Data Transfers
We may assign or transfer (whether by merger, reorganization, consolidation, or otherwise) this Agreement or any obligation incurred under this Agreement. We may assign this Agreement without your consent to a subsidiary or affiliated company that currently exists or that may be created in the future. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors.
e. Waiver and Severability of Terms
If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. If we do not enforce any right or provision in this Agreement, it does not create a waiver of these rights of provisions.
f. Statute of Limitations
g. No Third Party Beneficiaries
h. No Agency
You acknowledge and agree that no joint venture, partnership, employment or agency relationship is intended or created between you and PEL by this Agreement.