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TERMS OF SERVICE
By accessing, viewing, using or by downloading
materials from this website, Mapdetroit.com's
database, or using other Mapdetroit.com services
(collectively the "Services"), you agree
to be bound by the following terms and conditions
(the "Terms of Service"). You further
acknowledge that these Terms of Service are binding
between you and us, the owner of Mapdetroit.com,
and set forth the rights and obligations regarding
the use of the Services. We may revise these Terms
of Service at any time by posting revised terms
on this website. Unless we expressly state otherwise,
such revised terms take immediate effect. Please
note that it is your responsibility to check these
Terms of Service before each use of the Services.
If you do not agree to be bound by these Terms
of Service, do not access or use the Services,
and please exit our website.
YOUR
RESPONSIBILITIES AND REGISTRATION OBLIGATIONS
In order to use the Services, you may be required
to register on our website and agree to provide
truthful information when requested. You are responsible
to maintain the confidentiality of your password
and you are responsible for all uses of the Services
via your registration materials and/or login information,
whether authorized or unauthorized by you. You
agree to notify us immediately of any improper
or unauthorized use of your registration materials
and/or login information. Failure to immediately
notify us of any improper or unauthorized use
of your registration materials and/or login information
is considered a breach of these Terms of Service
and, at our discretion, may preclude you from
any future use of the Services.
PERSONAL
USE ONLY
The Services are made available for your personal,
non-commercial use only. You may not use the Services
to sell a product or service, or to increase traffic
to your website for commercial reasons, such as
advertising sales. For example, you may not take
the results from a Mapdetroit.com search and reformat
and display them, or mirror the Mapdetroit.com
home page or results pages on your website. You
may not disseminate our database information,
or dissect or decompile our database of any files
associated with the Services. If you want to make
commercial use of the Services, you must enter
into a separate agreement with us to do so in
advance. Please contact us for more information.
If you are interested in adding a Mapdetroit.com
search box to your website or your company's website,
we encourage you to do so, provided that any such
search box links to our home page only.
CONTENT
LINKED TO BY MAPDETROIT.COM
The websites displayed in the search results or
linked to by Mapdetroit.com are in many cases
developed and operated by individuals or entities
over whom we exercise no control. The search results
generated through Mapdetroit.com’s categories
are indexed by Mapdetroit.com’s automated
database programs and computers, and although
we make every reasonable effort to screen websites,
we cannot and do not screen each website before
including them in their respective categories.
A search using the Services may produce search
results and links to websites that some people
find objectionable, inappropriate, or offensive.
We cannot guarantee that a Mapdetroit.com search
will not locate unintended or objectionable content
and we assume no responsibility for the content
of any website included in any search results
or otherwise linked to by the Services. In the
event you have a dispute with the owners of such
websites, you release us, the owners of Mapdetroit.com
(and our parent, subsidiaries, affiliates, related
parties, officers, directors, employees, agents,
independent contractors, advertisers, partners,
and co-branders) from claims, demands and damages
of every kind and nature arising out of or in
any way connected with such disputes.
RESPONSIBILITY
FOR CONTENT
You agree that all information or data of any
kind, whether text, software, code, music or sound,
photographs or graphics, video or other materials
("Content"), publicly or privately provided
and accessible through our website, shall be the
sole responsibility of the person providing the
Content or the person whose user account is used
to deliver Content to our website. You understand
and agree that our website may expose you to Content
that may be objectionable or offensive. We shall
not be responsible to you in any way for the Content
that appears on this website nor for any error
or omission pertaining to such Content.
INTERNATIONAL
USE
Recognizing the global nature of the Internet,
you agree to comply with all local rules regarding
online conduct and acceptable Content. Without
limiting this general obligation, you agree to
comply with all applicable laws regarding the
transmission of technical data exported from the
United States or the country in which you reside.
CONTENT
SUBMISSION
By providing any Content to our website:
(a)
You agree to grant us a worldwide, royalty-free,
perpetual, non-exclusive right and license to
use, display, reproduce, modify, adapt, publish,
distribute, perform, promote, archive, and translate
such Content, and to create derivative works and
compilations, in whole or in part from such Content.
Such license will apply with respect to any form,
media or technology for the display of Content
now known or later developed;
(b)
You warrant and represent that you have all legal
rights that may be necessary to grant us the license
set forth in subsection (a);
(c)
You acknowledge and agree that we shall have the
right (but not the obligation), in our sole discretion,
to refuse to publish or to remove or block access
to any Content you provide to our website at any
time and for any reason, with or without notice;
(d)
You warrant and represent that you have all rights
necessary to publish, post or otherwise use the
information you request to be posted to the Mapdetroit.com
website;
(e)
You agree that we shall be free to use any ideas,
concepts, know-how or techniques contained in
your Content for any purpose whatsoever including,
without limitation, publication on the website,
or other Mapdetroit.com publications/broadcasts,
and developing, manufacturing, and marketing products
using such information, and we shall have no obligation
to compensate you for such use in any manner;
(f)
You agree that we exclusively reserve the right
to and may, at any time and without notice and
any liability to you, modify or discontinue this
website and the Services or delete the Content
you provide, whether temporarily or permanently.
We shall have no responsibility or liability for
the timeliness, deletion, failure to store, inaccuracy,
or improper delivery of any data or information
provided through or associated in any way with
us or associated entities;
(g)
You explicitly agree, in using the Services, that
you shall not:
(i)
provide any Content or engage in any conduct that
may be unlawful, illegal, threatening, harmful,
abusive, harassing, stalking, tortious, defamatory,
libelous, vulgar, obscene, offensive, objectionable,
pornographic, designed to or does interfere or
interrupt this website or any service provided,
infected with a virus or other destructive or
deleterious programming routine, give rise to
civil or criminal liability, or which may violate
an applicable local, national or international
law;
(ii)
impersonate or misrepresent your association with
any person or entity, or forge or otherwise seek
to conceal or misrepresent the origin of any Content
provided by you;
(iii)
collect or harvest any data about other users;
or
(iv)
provide or use this website and any Content or
service in any commercial manner or in any manner
that would involve junk mail, spam, chain letters,
pyramid schemes, or any other form of unauthorized
advertising without our prior written consent.
REQUESTS
FOR REMOVAL OF LINKS OR CACHED MATERIALS
We may receive requests from people to remove
links from its search categories. Although we
reserve the right to address such requests individually,
the general approach that we take reflects the
following principles:
Mapdetroit.com’s
search categories consist of information that
has been identified, indexed and compiled through
a combination of automated processes with minimal
or no advance review by human beings. Given the
volume of information (web or otherwise) that
may be added, deleted, and changed on a regular
basis, we cannot and do not screen all information
made available through Mapdetroit.com's search
categories. The information reflected in any Mapdetroit.com
search category may be unavailable, if either
(a) a business or website owner restricts access
to their information or website, or (b) a business
closes or their website is taken down from the
web. Upon receipt of a request by the business/website
owner experiencing (b) above, we would consider
on a case-by-case basis requests to remove the
link to that website from its search categories.
However, if the operator of the business or website
does not take steps to prevent it, the facilities
used by us to create search categories are likely
to find that website or business and index it
again in a relatively short period of time.
THIRD
PARTY OFFERINGS
Goods and services of third parties may be advertised
and/or made available on or through this website.
Representations made regarding goods and services
provided by third parties are governed by the
policies and representations made by these third
parties. We shall not be liable for or responsible
in any manner for any of your dealings or interaction
with third parties or for any loss or damage of
any sort incurred as the result of the presence
of such advertisements on the Mapdetroit.com website.
ACCESS
AND INTERFERENCE
Much of the information on the Mapdetroit.com
website is updated on a real time basis and is
proprietary or is licensed to us by third parties.
You agree that you will not use any robot, spider,
scraper or other automated means to access the
Services for any purpose without our express written
permission. Additionally, you agree that you will
not: (i) take any action that imposes, or may
impose, in our sole discretion, an unreasonable
or disproportionately large load on our website;
(ii) copy, reproduce, modify, create derivative
works from, distribute or publicly display any
Content from the Mapdetroit.com website without
our prior expressed written permission and the
appropriate third party, as applicable; (iii)
interfere or attempt to interfere with the proper
working of the Services; or (iv) bypass any measures
we may use to prevent or restrict access to the
Services.
PRIVACY
POLICY
Click here to review the Mapdetroit.com Privacy
Policy
INDEMNIFICATION
You agree to indemnify, defend, and hold us, the
owner of Mapdetroit.com (and our parent, subsidiaries,
affiliates, related parties, officers, directors,
employees, agents, independent contractors, advertisers,
partners, and co-branders) harmless, from financial
liabilities associated with any and all claims
or demands, including reasonable attorney's fees,
that may be made by any third party, that arises
from or relates to your use of this website or
the Services, your provision of Content, or your
violation of these Terms of Service.
INTELLECTUAL
PROPERTY
You acknowledge and agree that our website, the
Services, and the Content provided by us and our
licensors is protected by proprietary rights throughout
the world, including but not limited to copyrights,
trademarks, trade secrets, service marks or patents
(called "Intellectual Property Rights").
These Intellectual Property Rights are valid and
protected in all forms, media and technologies
existing now or developed later. All right, title
and interest in and to our website, the Services,
and such Content, including but not limited to
all Intellectual Property Rights, belong solely
and exclusively to the owners of Mapdetroit.com
or its licensors.
Copyright law limits your right to reproduce,
use, sell, transmit, publish, broadcast, or otherwise
disseminate or distribute Content from this website
to anyone, including but not limited to others
in the same company or other organization, whether
or not for a charge or other consideration, including
but not limited to use in connection with the
sale, retransmission, distribution, publication,
broadcasting, circulation or other dissemination,
for any purpose, whether commercial or otherwise,
without the express prior written permission of
the copyright owner or the owners of Mapdetroit.com.
You further agree not to modify, rent, lease,
loan, sell, distribute or create derivative works
based on the Content or the Services, in whole
or in part, without the express prior written
permission of the copyright owner or the owners
of Mapdetroit.com.
All product or company names, or other marks appearing
on this website are the trademarks of their respective
owners. Nothing contained in this website should
be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any
trademark displayed on this website without the
express prior written permission of the trademark
owners or the owners of Mapdetroit.com.
ARBITRATION
All controversies and claims arising out of or
relating in any way to these Terms of Service,
or any breach thereof, shall be settled solely
by arbitration held in Wayne County, Michigan,
in accordance with the Commercial Arbitration
Rules of the American Arbitration Association,
except we may seek injunctive relief from a state
court located in Wayne County, Michigan, or federal
court in the Eastern District of Michigan, to
enforce provisions of these Terms of Service relating
to confidential information or protection of its
intellectual property rights. Judgment upon any
arbitration award may be entered and enforced
in any court having proper jurisdiction. No demand
for arbitration hereunder may be filed by you
as a claim or counterclaim if you have not given
timely written notice of such claim to us or if
more than one year has expired from the date of
the cause of action accrued, as provided in these
Terms of Service.
The arbitrator(s) shall be bound by the terms
of these Terms of Service, shall not apply principles
of equity or allow any claims not permitted by
the Terms of Service, may only award or grant
to the parties such remedies as a court of competent
jurisdiction could award or grant within the locality
where the arbitration takes place and which are
authorized (and not excluded or otherwise limited
under these Terms of Service), and may not award
consequential or punitive damages. The arbitrator(s)
may include the arbitration fees in an award.
DISCLAIMER OF WARRANTIES
We disclaim any and all responsibility or liability
for the accuracy, content, completeness, legality,
reliability, or operability or availability of
information or material displayed in the Mapdetroit.com
search results. We disclaim any responsibility
for the deletion, failure to store, misdelivery,
or untimely delivery of any information or material.
We disclaim any responsibility for any harm resulting
from uploading, downloading or accessing any information
or material on the Internet through the Services.
The Services, and all materials, information,
products and services included in the Services
are provided “as is,” with no warranties
whatsoever. We, the owners of Mapdetroit.com,
and its licensors expressly disclaim to the fullest
extent permitted by law all express, implied,
and statutory warranties, including, without limitation,
the warranties of merchantability, fitness for
a particular purpose, and non-infringement of
proprietary rights. We, the owners of Mapdetroit.com,
and its licensors disclaim any warranties regarding
the security, reliability, timeliness, and performance
of the Services. We, the owners of Mapdetroit.com,
and its licensors disclaim any and all warranties
pertaining to the completeness or accuracy of
information or advice obtained through the Services.
LIMITATION
OF LIABILITY
Under no circumstances shall we, the owners of
Mapdetroit.com, or our licensors be liable to
any user on account of the use or misuse of, or
reliance on the Services. This limitation of liability
prevents recovery of direct, indirect, incidental,
consequential, special exemplary, and punitive
damages whether such claim is based on warranty,
contract, tort (including negligence), or otherwise.
Such limitation of liability shall apply to claims
based on the inability to use the Services, or
from the interruption, suspension, or termination
of the Services (including such damages incurred
by third parties). This limitation shall also
apply with respect to damages incurred by reason
of other services or goods received through or
advertised on the Services or received through
any links provided in the Services, as well as
by reason of any information or advice received
through or advertised on the Services or received
through any links provided in the Services. This
limitation shall also apply, without limitation,
to the costs of procurement of substitute goods
or services, lost profits, or lost data. Such
limitation shall apply notwithstanding any failure
of essential purpose of any limited remedy and
to the fullest extent permitted by law.
MISCELLANEOUS PROVISIONS
These Terms of Service will be governed by and
construed in accordance with the laws of the State
of Michigan, without giving effect to its conflict
of laws provisions or your actual state or country
of residence. By registering or using this website
and service you consent and submit to the exclusive
jurisdiction and venue of the county or city where
the headquarters of the owner of this website
is located. If, for any reason, an arbitrator
or a court of competent jurisdiction finds any
provision or portion of the Terms of Service to
be unenforceable, the remainder of the Terms of
Service will continue in full force and effect.
These Terms of Service constitute the entire agreement
between the parties with respect to the subject
matter hereof and supersede and replace all prior
or contemporaneous understandings or agreements,
written or oral, regarding such subject matter.
Any waiver of any provision of the Terms of Service
will be effective only if such waiver is in writing
and signed by one of our authorized representatives.
Our waiver of any provision of these Terms of
Service or of a breach by you of any provision
of these Terms of Service shall not be deemed
a waiver of future compliance with these Terms
of Service and such provision, as well as all
other provisions of these Terms of Service, shall
remain in full force and effect.
Please
report any violations of the Terms of Service
to: violations@mapdetroit.com
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