TERMS AND CONDITIONS OF USE AGREEMENT
In honor of the Esteemed Narby Krimsnatch, our business name is Krimsnatch, LLC, DBA Steve Spindler Cartography (hereafter “Krimsnatch” or “Company”). We are the owner of the web site, www.wikimapping.net, as well as other web sites located on the Internet. All information provided in this Terms and Conditions of Use Agreement (hereafter, “Terms”), pertains to Krimsnatch, LLC, DBA Steve Spindler Cartography, www.wikimapping.net (hereafter “web site”)and our other web sites, either existing now or created in the future. Krimsnatch provides a collection of online mapping and related resources, including tools, services, products, Feedback and Discussion, as well as user interface customization, data summarization and custom cartography (hereafter “Services”).
By using our Products/Services and accessing our web site(s), User agrees to abide by the policies and terms outlined in the two (2) links, above.
iii. DEFINITIONS AND MISCELLANEOUS
The following Terms govern your use of www.wikimapping.net, and provide details on the Services we offer to our Users (hereafter, “You” or “User”), as well as their use and limitations. It is vitally important that you read the Terms carefully, as your use of our web site and our Services will automatically constitute your agreement to be legally bound by the Terms set out herein. Each time you use our Services, you acknowledge that you have read these Terms and agree to be legally bound by them.
User agrees and understands that these Terms are the only contract between User and Krimsnatch. These documents supersede any and all verbal or written communications. If you do not agree to be bound by these Terms, you may not use the web site or the Services we provide.
The following words used in these Terms have the following meanings:
1. “Personal Information” shall mean all data and/or information provided by, and about, Users.
2. “Krimsnatch web site” shall mean all web sites on which Krimsnatch provides its Services, primarily www.wikimapping.net.
3. “Krimsnatch User” shall mean Contributors, Project Administrators and Affiliates, who use our Services.
4. “Krimsnatch Services” shall mean all Products and/or Services provided by Krimsnatch.
Users can access these Terms by clicking on the “TERMS” link that appears on the Krimsnatch web site “Homepage” and by reading it on their computer monitor, printing it out, downloading it and/or saving it at any time, even after the Terms have been closed.
User hereby acknowledges and agrees as follows:
Krimsnatch reserves the right to make amendments, modifications or revisions to the Krimsnatch web site and these Terms. The posting of any amendments, modifications or revisions, online at the Krimsnatch web site, shall constitute effective notice under these Terms, and User’s continued use of the Krimsnatch web site, thereafter, shall constitute User’s acceptance of such changes or modifications.
I. License Grant
Krimsnatch grants you a limited, non-exclusive, personal, non-assignable and non-transferable license to access and use the Krimsnatch web site(s) and its Services, provided, and expressly conditioned, upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in these Terms.
II. The Krimsnatch Web Site
A. The “Krimsnatch web site” includes, as applicable and without limitation:
1. Krimsnatch Services, accessed by or through the Krimsnatch web site, including the Community, as defined below, and individual items within those Services, which may constitute independent works of authorship or contribution;
2. All documentation, including user manuals, operations manuals, instructions and the like, provided to you by Krimsnatch, for use in connection with the web site or its Services; and
3. Any other courses, video presentations, audio presentations, slideshows, software, products, services, data or information provided by Krimsnatch or obtained through the Krimsnatch web site.
III. Ownership, Use and Intellectual Property Rights
A. The Krimsnatch web site is the valuable, exclusive property of Krimsnatch, and nothing in these Terms shall be construed as transferring or assigning any ownership rights in such property to User or any other person or entity. User is granted a license to use our web site, as long as User complies with these Terms or until Krimsnatch terminates this Agreement or User’s access rights. Ownership of the Krimsnatch web site, and any documentation or information, shall remain, at all times, with Krimsnatch. Contract and intellectual property law, including domestic and international copyright law, protects the Krimsnatch web site and the data and information contained therein.
B. If Krimsnatch provides User with access to its Services, User may not allow concurrent use of our web site by multiple users, utilizing identical user names, or allow another person or entity to use their User name to access the web site. User may not remove, alter or obscure any copyright, legal or proprietary notice in, or on, any portion of the web site. User may store in the memory of his/her computer, and may manipulate, analyze, reformat, print and/or display, for User’s use only, the information received or accessed through our web site, pursuant to these Terms. User may not resell, redistribute, rebroadcast or transfer the information or use the information in a searchable, machine-readable database, except as expressly permitted under these Terms. Unless separately and specifically authorized in writing by an officer of Krimsnatch, User may not rent, lease, sub-license, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the web site, any part thereof, or any of the information received or accessed therein, to or through any other person or entity. Krimsnatch expressly reserves any rights not specifically granted to User in these Terms. Krimsnatch reserves all rights to enforce its copyright and intellectual property rights.
A. These terms, and the limited license rights granted hereunder, shall remain in full force and effect unless terminated or canceled for any of the following reasons:
1. Immediately, by Krimsnatch, for any unauthorized access or use by User, including, without limitation: concurrent access of the Krimsnatch web site by multiple users utilizing identical user names and passwords; permitting another person or entity to use User’s name and password to access the Krimsnatch web site; or any other access or use of the Krimsnatch web site, except as expressly provided in these Terms;
2. Immediately, by Krimsnatch, if you assign or transfer (or attempt to assign or transfer) any rights granted to you under these Terms;
3. Immediately, by Krimsnatch, if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in, or accessed through, the Krimsnatch web site;
4. Immediately, by Krimsnatch, if you transmit or receive, using the Krimsnatch web site (or cause the transmission or receipt of), any pornographic, obscene, disparaging, defamatory, or libelous information of any nature or form whatsoever, with respect to any other User, company, or any other person or business entity (Krimsnatch, in its sole discretion, shall determine whether any information transmitted or received violates this provision);
5. Immediately, upon discontinuance of the Krimsnatch web site; or
6. Immediately, by Krimsnatch, if you violate any of the other conditions of these Terms.
B. Termination or cancellation of these Terms shall not affect any other right or relief to which Krimsnatch may be entitled, whether at law or in equity. Regardless of the reason for cancellation or termination of this Agreement:
1. All rights granted to you will terminate and revert to Krimsnatch;
2. As requested by Krimsnatch, you agree to erase and destroy any copies of the Krimsnatch web site you have made; and
3. You agree to certify to Krimsnatch your compliance with these requirements in writing upon Krimsnatch’s request.
THE PROVISIONS CONTAINED IN THE LIABILITY SECTIONS OF THESE TERMS SHALL SURVIVE TERMINATION OF THESE TERMS. IN NO EVENT SHALL KRIMSNATCH OR ITS AFFILIATES BE LIABLE FOR ANY LOSS OR LIABILITY, INCLUDING ANY FUTURE MONETARY LOSSES, DUE TO YOUR USE OF THE KRIMSNATCH WEBSITE.
User acknowledges that Krimsnatch reserves the right to, and that Krimsnatch may, from time to time, choose to monitor any and all information transmitted or received through the Krimsnatch web site. Krimsnatch, in its sole discretion and without further notice to User, may review, censor or prohibit the transmission or receipt of any information which Krimsnatch deems inappropriate (such as that specified in subparagraph (A)(4) of the Termination paragraph above), or that Krimsnatch determines violates any condition of these Terms.
V. Krimsnatch Community
A. The Krimsnatch Community (hereafter “the Community”) helps Users to obtain insight, exchange ideas and connect online with other Users who use Krimsnatch Services. Krimsnatch believes that the Community is a valuable place for Krimsnatch Users to exchange information and learn from one another. Krimsnatch wants the Community to be a friendly, informative and safe place for all of our Users.
B. By participating in this Community, User agrees to adhere to these Terms, as amended, modified or revised, from time to time. Any failure to adhere to these conditions may lead to disciplinary action, which can include the termination of your rights to participate in our Feedback and Discussion Boards and other features of the Community. In addition, Krimsnatch reserves the right to remove any post to a Feedback and/or Discussion Board that we believe is inconsistent with the conditions or the spirit of these Terms.
C. The Community is for Users who are at least eighteen (18) years of age. The Community is primarily an English-language online community, for the various Users of Krimsnatch Services.
A. Users are required to register in order to access the Community and in order to be able to read the Feedback and Discussion Boards. Registration (by providing a valid email address, user name and password) is required if User wants to post material to the Community. Krimsnatch may refuse to grant to User, and User may not use, a User name or email address that is already being used by someone else, or impersonates another person, belongs to another person (without that person’s prior consent), violates the intellectual property or other rights of another person or entity, is offensive for any reason, or that we reject for any other reason, in our sole discretion. You may have only one User name. You are responsible for maintaining the confidentiality of your password, and you will be held liable for all activities that occur under your User name. If Users become aware of any unauthorized use of their password or account, they agree to notify Krimsnatch immediately at MapTeam@wikimapping.net.
B. User agrees that all information provided in the User profile is accurate, true and complete. We may terminate your registration if any of the information you provide is found to be inaccurate, false or incomplete.
VII. Content is for Informational Purposes Only
A. The information shared by Krimsnatch and Community members is for informational purposes ONLY. Such information is not meant to be advice, in any way or for any purpose. Each Community member is responsible for conducting his/her own analysis on any comments or information posted by other Users. Under no circumstances can Krimsnatch, any member of this Community or any affiliate of Krimsnatch, be held responsible for a User’s reliance upon information contained in another User’s posted comments.
B. NEITHER KRIMSNATCH, NOR ANY THIRD PARTY, HAS VERIFIED THE TRUTH OR ACCURACY OF THE COMMENTS DESCRIBED IN COMMUNITY MEMBER POSTS.
VIII. Links to Third-Party Web Sites
Users may post our web site link to other web sites that are not under the control of Krimsnatch. Krimsnatch is not responsible for the contents of any linked web site or any link contained in a linked web site, or any changes or updates to the information contained in such web sites. Any such link on our web site does not imply Krimsnatch endorses the web site, the organization operating such web site, nor any products or services of that organization. Your linking to any off-web site pages or other web sites is entirely at your own risk.
IX. Communicating with Krimsnatch
The Community Feedback or Message Board is not an appropriate environment to express concerns or issues about Krimsnatch, its Affiliates or Services. Constructive feedback regarding Krimsnatch Services can be submitted to MapTeam@wikimapping.net. Feedback regarding the web site, its use or application, can also be submitted to that address. Postings on the Community Feedback or Message Board do not constitute notice to Krimsnatch for any purpose. No one in the Community is authorized to provide official responses to questions on behalf of Krimsnatch.
X. Uses Not Permitted
A. Use of the Krimsnatch web site, as described below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
1. Illegal/Criminal Activity – TheKrimsnatch web site may not be used in connection with criminal or civil violations of state, provincial, territorial, federal, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.
2. Security Violations – The Krimsnatch web site may not be used in connection with attempts—whether successful or not—to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service (DoS) attacks; and distributing viruses or other harmful software.
User is responsible for maintaining the basic security of his/her/its own computer system and to prevent its use by others in a manner that violates these Terms. Examples include: improperly securing a mail server so others can use it to distribute spam; improperly securing an FTP server so that it may be used by others to illegally distribute licensed software or media content. User is responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.
3. Threats – The Krimsnatch web site may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation.
4. Offensive Materials – The Krimsnatch web site may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials. Further, Users agree to adhere to the following requirements:
a. Comply with all laws, ordinances, statutes and applicable legislation and to respect all third-party rights. In particular, User shall not:
i. Use or post any insulting or defamatory words, music, symbols, photographs or other similar content, regardless of whether said contents are directed at another User or Krimsnatch personnel or other companies or individuals;
ii. Use or post any pornographic materials or any content that violates any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products that do not comply with any applicable legislation for the protection of minors;
iii. Unreasonably annoy (particularly with SPAM) any other User;
iv. Use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law;
v. Use, post or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, Ponzi schemes, illegal multi-level selling or pyramid sales).
vi. Engage in any of the following annoying actions, even if they do not constitute a breach of any applicable laws or ordinances:
1. Sending chain letters;
2. Sending identical messages to more than one (1) User at the same time;
3. Performing, posting, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing); or
4. Communicating in any insinuating, discriminatory or sexually abusive way (suggestive, implicit or explicit).
b. You may not provide, post or otherwise distribute, User content that:
i. Contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
ii. Is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third-party, is unreasonably harmful or offensive to any individual or community;
iii. Violates any right of Krimsnatch, or any third-party;
iv. Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law or moral standards;
v. Violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;
vi. Interferes with any User’s uninterrupted use of the Krimsnatch website;
vii. Advertises, promotes or offers to trade any goods or services;
viii. Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;
ix. Disrupts, interferes with, or otherwise harms or violates the security of the Krimsnatch web site or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Krimsnatch web site;
x. “Flames” any individual or entity (e.g. sends repeated messages related to another User and/or makes derogatory or offensive comments about another User or individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: ANY VIOLATION OF THESE RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON SUCH NOTICE BEING RECEIVED BY KRIMSNATCH.
c. User is further prohibited from the following activities:
i. Employing any mechanisms, software or scripts when using the Krimsnatch web site. However, the User may use the interfaces or software provided by Krimsnatch, within the scope of the Services available on our web site and in accordance with these Terms;
ii. Blocking, overwriting, modifying or copying of any content of the Krimsnatch web site. For example, the use of the “Robot/Crawler” search engine technology is not required for proper use of our web site or Services, and is therefore prohibited;
iii. Distributing or publicly disclosing the contents of our web site or any of its Terms, without written permission from Krimsnatch; or
iv. Performing any actions that may impair the operability of the Krimsnatch web site infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software.
5. Spam – Spam is an unacceptable use of the Krimsnatch web site. Spam includes any of the following activities:
a. Posting a single message or messages similar in content, to more than five (5) online forums or newsgroups and posting messages to online forums or newsgroups that violate their rules.
b. Collecting responses from unsolicited e-mail.
c. Sending any unsolicited e-mail that could be expected, in our opinion, to provoke complaints.
d. Sending e-mail with charity requests, petitions for signatures, or any chainmail-related materials.
e. Sending bulk e-mail, without identifying in the e-mail, a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail. NOTE: The inclusion of an opt-out clause does not necessarily legitimize sending unsolicited e-mail.
f. Sending e-mail that does not accurately identify the sender, the sender’s return address, and the e-mail address of origin.
6. Indirect Access – A violation of these Terms by someone having only indirect access to the Krimsnatch web site, through a User, will be considered a violation, whether or not with User’s knowledge or consent.
7. In addition, these Terms apply to any email or content transmitted by User, or on your behalf, that uses a Krimsnatch account as a mailbox for responses or promotes content, hosted or transmitted, using Krimsnatch facilities, or that indicates, in any way, that Krimsnatch was involved in the transmission of such email or content.
B. The resale of Krimsnatch Services is not permitted, unless expressly permitted by these Terms or in a separate written agreement.
C. Violations of these Terms may result in immediate suspension or termination of your account and our Services to you, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by Krimsnatch, in its sole discretion.
D. When feasible, it is Krimsnatch’s preference to give notice so that violations may be addressed voluntarily. However, we reserve the right to act without notice, when necessary, as determined by us, and in our sole discretion. Krimsnatch may involve, and will cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of these Terms.
E. The Community may not be used to discuss competitive offerings, or to allow competitors of Krimsnatch or its Affiliates to solicit their businesses. The focus of the Community is to allow members of the Community to share insights, exchange ideas and connect online with other Users who use Krimsnatch Services.
F. Users may not use the Community to collect personal information of other Users or to solicit other Users for another business.
G. Users may not use the Community to promote their business ventures or to promote the businesses of any third-party.
XI. Intellectual Property Rights
A. Users may not post copyrighted material or trademarks, belonging to other parties, to the Community, without the other parties’ written permission.
B. If you own intellectual property and believe it is being infringed through a posting, please let us know immediately, by filing a complaint, as set forth in paragraph XII below. The copyright in your postings is yours (most generally). We, at Krimsnatch, sometimes use postings in our publications, including, without limitation, advertising, web sites, newsletters and the like. By posting on the Community Feedback or Message Boards, you are giving Krimsnatch a non-exclusive, perpetual, irrevocable, royalty-free worldwide license to reproduce, communicate, re-publish, edit, adapt or otherwise use your postings as we see fit, including the right to sub-license or transfer them to others, in our sole discretion. You also give us a license to deal with the postings, as necessary, to perform technical and administrative functions in managing the Community.
C. User may also have moral rights, so you consent to your postings being altered, edited or adapted so we can use them under our license in any way we deem appropriate. You consent to us not attributing authorship to you at all, or only attributing it to your registered name. We generally attribute authorship, but that is not always possible or feasible and we decide this on a case-by-case basis. If we do use your material, we may attribute such material to your registered name, or contact you to request that your real name be used. We will not publish your real name without your permission. If you do not want to give us a license to use your postings and do not want your postings used in this way, do not post on the Community Feedback or Message Board. Once you have made a posting, you cannot withdraw or retract the license and consents.
D. If you think a posting is violating these Terms or infringing on anyone’s legal rights, please notify Krimsnatch immediately at MapTeam@wikimapping.net. Krimsnatch will investigate your allegations and take appropriate action, if Krimsnatch believes that action is necessary. Such action may include removing the posting or banning the relevant User.
A. To make a formal complaint regarding the Community, send a signed, written letter of complaint, to:
Krimsnatch, LLC Community Complaints
PO Box 217
Jenkintown, PA 19046
B. Your letter of complaint must:
1. identify the posting in issue and include a copy of, and the location of, the posting, and describe, with reasonable detail, the offending behavior;
2. identify the intellectual property right or other law, rule or regulation that is being infringed or violated; and
3. provide information sufficient to permit Krimsnatch to contact you (e.g., email address, postal address and fax number).
C. To the extent your complaint involves intellectual property rights, please note that Krimsnatch honors the intellectual property rights of others and asks the same of our Users. Krimsnatch may, in its sole discretion, terminate the account or access right of Users whose actions infringe or otherwise violate the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (17 U.S.C. §512), any notification of claimed copyright infringement must be sent to Krimsnatch’ Designated Agent. If you believe that your work has been infringed, please provide Krimsnatch’s Designated Agent with the following information:
1. A physical copy or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyright works at a single online web site are covered by a single notification, a representative list of such works at that web site;
3. Identification of the material that is claimed to be infringing or could 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 Krimsnatch to identify the material;
4. A statement that the complaining party has a good faith belief that the use of the material in the manner of complained of is not authorized by the copyright owner, its agent, or the law; and
5. A statement that the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Krimsnatch’s Designated Agent may be contacted at the address provided in section XII (A), above.
XIII. User’s Personal Information
A. By registering and using the Krimsnatch Services (including submitting postings), or e-mailing us, you will be supplying us with “personal information.” We collect this to administer, and help you use, our web site and Services, send you a password, contact you about postings, and generally, keep in touch with you. Your screen name will be visible to other Users, and when you register for the Community, you can chose whether your User profile and e-mail address will be also be visible to other Users.
B. You can access and update your personal information in the Profile section of the web site.
D. Krimsnatch may release information concerning your use of the Community or disclosure of your personal information when Krimsnatch believes such action is necessary or appropriate to comply with the law (such as a subpoena, warrant or court order), to enforce these Terms, to protect Krimsnatch rights or property, or to protect other Users of the Community from fraudulent, abusive, or unlawful actions, or if Krimsnatch believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies immediate disclosure of records.
Krimsnatch does not pre-screen, verify or edit the content posted by Users in the Community. However, Krimsnatch and its agents reserve the right to investigate any violation of the conditions in these Terms and to take remedial action, as it deems appropriate. Krimsnatch has the sole discretion to enforce these Terms, including, but not limited to, warning Users of violations, disabling or suspending privileges and access, deleting, screening or editing any content or prohibiting any behavior that does not comply with these Terms. If Krimsnatch decides it is necessary to remove any content, Krimsnatch may remove the entire thread and any accompanying material, without notice to you.
XV. Delays in Services; Force Majeure
Any delays in, or failure of, performance by Krimsnatch or any of its Affiliates, (including officers, directors, employees, agents, representatives or subcontractors) shall not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, or occurrences beyond our control, including, but not limited to, acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. Krimsnatch shall have no responsibility to provide User access to the Krimsnatch web site while interruption of the Krimsnatch web site, due to any such or similar cause, shall continue.
XVI. Equipment, Operation Payment for Certain Services
A. User shall provide and maintain all telephone and other equipment necessary to access the Krimsnatch web site, and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by User.
B. Some of the Services provided by Krimsnatch require a fee. In those situations, User shall pay Krimsnatch for such Services, through www.wikimapping.net or other payment service authorized in the future.
C. Users are responsible for operating their own equipment and for familiarity with the information used with, or available through, the Krimsnatch web site. Neither Krimsnatch nor its Affiliates shall have any responsibility to provide User with alternate access to the Krimsnatch web site if User’s access is interrupted due to a breakdown or failure of User’s equipment.
XVII. Warranty Disclaimer
A. User acknowledges that the information provided through the Krimsnatch web site is compiled from sources that may be beyond the control of Krimsnatch. Though such information is recognized by the parties to be generally reliable during the term of this Agreement, User acknowledges that inaccuracies may occur and Krimsnatch does not warrant the accuracy or suitability of the information for any particular purpose. The information is provided by Krimsnatch for User’s personal information only, and is not intended for other business purposes. Information on our web site does not constitute advice. Krimsnatch shall not be liable for any errors, inaccuracies or delays in content, or for any actions taken by User in reliance thereon. Krimsnatch makes reasonable efforts to obtain reliable content from third parties, but we do not guarantee the accuracy of, or endorse the views or opinions given by, such third parties. The Krimsnatch web site may point to other Internet web sites that may be of interest to Users; however, Krimsnatch does not endorse nor take responsibility for the content on such other web sites.
B. USER ACKNOWLEDGES THAT THE KRIMSNATCH WEB SITE IS PROVIDED TO USER ON AN “AS IS, WITH ALL FAULTS”, BASIS. KRIMSNATCH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, KRIMSNATCH DOES NOT REPRESENT OR WARRANT:
1. THAT THE KRIMSNATCH WEB SITE WILL MEET USER REQUIREMENTS OR IS SUITABLE FOR USER NEEDS;
2. THAT THE ACCESS OR USE OF THE KRIMSNATCH WEB SITE WILL BE ERROR-FREE; OR
3. THE ACCURACY OF ANY DATA OR INFORMATION IN, OR PROCESSED WITH, THE KRIMSNATCH WEB SITE SERVICES OR THE RESULTS OF ANY SUCH PROCESSING.
C. USER IS SOLELY RESPONSIBLE FOR ALL DECISIONS MADE IN CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND FOR VERIFYING THE ACCURACY OF SUCH DATA, INFORMATION AND RESULTS FROM INDEPENDENT SOURCES.
XVIII. Limitation of Liability; Disclaimer of Consequential Damages
NEITHER KRIMSNATCH NOR ANY OF ITS AFFILIATES SHALL BE LIABLE TO USER OR ANY THIRD-PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF, OR PARTICIPATION IN, THE KRIMSNATCH WEB SITE, ITS SERVICES OR ITS CONTENT. USER ALSO AGREES THAT KRIMSNATCH AND ITS AFFILIATES (INCLUDING ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) SHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE KRIMSNATCH WEB SITE FOR ANY PURPOSE WHATSOEVER, EVEN IF KRIMSNATCH OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL, AT ANY TIME, BE OR ARISE, ANY LIABILITY ON THE PART OF KRIMSNATCH OR ITS AFFILIATES BY VIRTUE OF THESE TERMS OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF KRIMSNATCH OR ITS AFFILIATES OR OTHERWISE, SUCH LIABILITY IS, AND SHALL BE LIMITED TO, A MAXIMUM OF TEN DOLLARS (USD$10.00), AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. USER ACKNOWLEDGES AND AGREES THAT KRIMSNATCH WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH, THE KRIMSNATCH WEB SITE OR THE SERVICES OFFERED. HOWEVER, USER HEREBY ASSUMES ALL RESPONSIBILITY (AND HEREBY HOLDS KRIMSNATCH HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON USER’S COMPUTER EQUIPMENT, BY WHATEVER MEANS USER DEEMS MOST APPROPRIATE FOR USER’S NEEDS. THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THESE TERMS.
USER HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS KRIMSNATCH AND ITS AFFIALIATES (INCLUDING OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FOR, AND AGAINST, ANY AND ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THESE TERMS, ARISING FROM OR RELATED TO USER’S ACCESS TO, AND USE OF, THE KRIMSNATCH WEB SITE, INCLUDING THE INFORMATION OBTAINED ON OR THROUGH THE KRIMSNATCH WEB SITE.
XX. Export Control
User agrees that he/she/it is not in a country where such export of information, such as that contained on or through the Krimsnatch web site, is prohibited, or that User is a person or entity to which such export is prohibited. User is responsible for compliance with the laws of User’s local jurisdiction regarding import or export of the information contained on or through the Krimsnatch web site and its Services.
XXI. No Conflicting Terms
If there is any conflict between these Terms, any help text, manuals or other documents relating to the Krimsnatch web site or the Services provided, these Terms shall govern, whether such documents are prior or subsequent to these Terms, or is signed or acknowledged by any director, officer, employee, representative or agent of Krimsnatch.
XXII. Attorney’s Fees
If Krimsnatch takes action, by itself or through its representatives, to enforce any of the provisions of these Terms, including collection of any amounts due hereunder, in addition to all sums to which it is entitled or any other relief at law or in equity, Krimsnatch shall be entitled to recover from User, and User agrees to pay, reasonable and necessary attorney’s fees and all costs of any litigation.
XXIII. Governing Law; Limitations; Venue
Excluding any conflict of laws principle, the laws of the Commonwealth of Pennsylvania shall govern these Terms. To the extent allowed by applicable law, any claims or causes of action arising from, or relating to User’s access and use of the Krimsnatch web site contemplated by these Terms, must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the appropriate Commonwealth of Pennsylvania court, and User agrees to submit to the exclusive personal jurisdiction of such court and hereby appoints the officer of such court as agent for service of process. No claim made pursuant to these Terms, may be brought as a class action; only an individual person or business entity may file claims against Krimsnatch or its Affiliates.
If any provision of these Terms is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce the remainder of the Terms.
XXV. Data Protection
A. Krimsnatch recognizes that any data provided by User is extremely important and we shall, therefore, be particularly sensitive in handling such data.
B. Users are advised that there are inherent security risks in transmitting data, such as emails or other personal information, via the Internet, because it is impossible to completely safeguard against unauthorized access by third-parties. Nevertheless, Krimsnatch shall do what is reasonable to safeguard User data, subject to this cautionary limitation.
C. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third-party rights, unless the respective party has given prior consent in view of such security risks.
XXVI. Unsolicited Idea Submission Policy
KRIMSNATCH DOES NOT 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. PLEASE DO NOT SEND US ANY ORIGINAL SAMPLES, DEMOS OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDING OR DISPUTES WHEN KRIMSNATCH SERVICES OR MARKETING STRATEGIES SEEM SIMILAR TO IDEAS SUBMITTED TO US BY OTHERS. WE ASK THAT YOU DO NOT SEND YOUR UNSOLICITED IDEAS TO KRIMSNATCH OR ANYONE ASSOCIATED WITH KRIMSNATCH. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT KRIMSNATCH MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
XXVII. Section Titles
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
XXVIII. Contact Information
You can contact Krimsnatch by sending an email to:
MapTeam@wikimapping.net. You may also send mail, via prepaid U.S. Mail, to us at:
PO Box 217
Jenkintown, PA 19046
XXIV. Entire Agreement
These Terms constitute the entire Agreement between the parties regarding the subject matter hereof, and no other Agreement as to such subject matter, written or oral, exists.
XXV. What is the Effective Date of These Policies?
These Terms were last updated on December 29, 2012.