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MapIt TERMS OF USE

(Last updated MARCH, 2014)

These are the terms of use (.TOU.) which you agree to as a condition to using MapIt. Any changes to the TOU posted by MapIt become a part of the terms which you agree to by continued use of MapIt.

Mapit Queen Creek is limited to businesses located within Town of Queen Creek limits or those that are members of the Queen Creek Chamber of Commerce. The Town of Queen Creek is not liable for any event postings and does not sponsor any events except for those listed as Town-sponsored. All information is provided by the organizer or promoter of the event. The Town will not approve events containing nudity or profanity, and reserves the right in its sole discretion to decline to post events, and to remove events from Mapit Queen Creek. All events are subject to verification.

Limitations On Your Use Of MapIt

By agreeing to TOU, you will become authorized to use the services provided by MapIt, which are limited to the publication of notice of events and deals, pursuant to the terms and guidelines stated herein and in the website pages, both immediately preceding your payment for those services and throughout the website generally.

In accepting your application to use MapIt and after your agreement to the TOU, MapIt has granted you a limited, revocable, nonexclusive license to access and use MapIt for the purposes stated herein, but not to the MapIt intellectual property therein.

"MapIt" is a trademark of MapIt, LLC and is protected by United States and international laws. You are not authorized to use .MapIt. or any similar or related marks for any use pertaining to classified advertising, Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by, or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with MapIt.

The services provided by MapIt include

  • the ability for any businesses to post a business listing, (whether basic or advanced business information)
  • the ability for anyone to post event information (whether basic or advanced event information)
  • the ability for businesses to post current coupons / deals specifically for their business and only their business

Those services specifically do not include

  • any sort of endorsement of your events or deals;
  • any agency for any purpose with respect to your events or deals;
  • any responsibility for meeting any governmental or other agency requirements, laws, ordinances, or regulations with respect to your event, activity, business, or deal; or
  • any requirement to participate in or facilitate your communications with those who would partake of your event or deal.
Who May Use MapIt

You are not authorized to create accounts and to use MapIt unless you are 18 years of age or older, nor are you authorized to use MapIt on behalf of someone who is not 18.

You are not authorized to post notice of an event unless you are directly associated with that event. In this context, .associated. shall means that you are the owner, organizer, sponsor, or promoter, or that you carry a significant amount of responsibility with respect to the event.

Limitations On Your Membership

MapIt reserves the right to reject any application for membership for any reason and without cause. MapIt also reserves the right to terminate a membership at any time for violation of the TOU or other content or conduct which reflects badly on or affects MapIt or its users. Although MapIt acknowledges no legal requirement that it do so, MapIt will refrain from making acceptance or termination decisions on the basis of race, sex, religion, gender, sexual preference, national origin, disability or age.

MapIt reserves the right to make preferential arrangements with 501(c)(3) corporations at its discretion.

Limitations On Your Content And Conduct

You are responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account. Prohibited contents and conduct include, but are not limited to,

  • Illegal content;
  • Offensive or malicious content (including, without limitation, defamatory, threatening, hateful, mean or pornographic content);
  • False or fraudulent content;
  • Content that offers, promotes, advertises, or provides links to posting or autoposting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to MapIt would violate these TOU or MapIt.s other legal rights; or
  • Content that offers, promotes, advertises or provides links to unsolicited products or services.

In addition, MapIt specifically prohibits the use of MapIt to embarrass, get even with, or play a practical joke on any other individual.

No posting with respect to a deal will be allowed to remain on the site after 365 days.

Our Right To Use Your Content

By agreeing to these TOU, you grant and assign to MapIt the exclusive right to copy, display, publish, distribute and otherwise use any content that you post. You also grant to MapIt all rights and causes of action needed to prohibit any unauthorized copying, displaying, publishing, distributing, or other use of the content you post.

Your Responsibility For Your Use Of MapIt

MapIt does not control, is not responsible for and makes no representations or warranties with respect to any user content or conduct, including without limitation others. conduct in relating to or through your account. You are solely responsible for your access to, use of and/or reliance on any user content. It is your obligation to conduct any necessary or prudent investigation, inquiry, research and due diligence with respect to any user content.

You agree to indemnify and hold MapIt and its representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of content that you post or transmit, conduct that occurs through or by use of your account, your use of or reliance on any user content, and your violation of these TOU. This indemnification obligation includes payment of any attorney.s fees and costs incurred by MapIt or its representatives.

Our Right To Regulate Your Content and Conduct

MapIt has the right, but not the obligation, to regulate the content of your notices and/or any conduct by you in conjunction with the posting of a notice of any event or deal. MapIt may exercise or not exercise or stop the exercise of this right in its sole discretion. A decision by MapIt to not enforce this right or to end the enforcement after it has been started in no way constitutes a waiver by MapIt of its right to enforce this right in the future, even if the two instances are similar. Also, the form of MapIt's exercise of this right is at its sole discretion, and may extend even toexclusion of you from the site without prior notice or reimbursement of any kind.

You understand and agree that MapIt.s investigation of your content or conduct, and its enforcement of its rights with respect to your content and conduct, is necessary for the good faith protection of the quality and integrity of MapIt.s site, business, and responsibility to the community and its other users. Accordingly,you expressly agree that neither MapIt nor any of its employees or agents shall be liable to you or anyone else for said investigation or enforcement.

The TOU does not constitute a promise to investigate, punish or otherwise stop, cure or prevent any problem with content, conduct or other TOU violation. Nor does any MapIt representative have the authority to make such a promise.

MapIt has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of MapIt at any time without notice. You expressly agree that neither MapIt nor its employees and agents shall be liable for the effects of any such limitation, modification, interruption, suspension or discontinuance, including any purported losses, harm or damages arising there from.

Your Relationship With Other Users

Neither MapIt nor its representatives are parties to, have any involvement or interest in, or make any representations or warranties relating to, and have no responsibility or liability with respect to, any of your interactions or disputes with other users.You agree to indemnify and hold MapIt and its representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorney's fees and costs incurred by MapIt or its representatives.

Requirements Regarding Posting

You may not post the same or substantially similar content more than once every 48 hours.

An events notice may not be posted in the deal section, and vice versa.

You cannot post in a place or manner that misrepresents - impliedly or expressly - who you are or what your event or deal is.

Affiliate marketing is expressly prohibited. You may not post content or communicate with any MapIt user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

Requirements Regarding Accounts

You may use and maintain no more than one account to post content. Posting two accounts under different names is a violation of this requirement. Creating an account on someone else's behalf or allowing someone else to do that for you is a violation of this requirement.

You may not sell your account or purchase someone else's account.

Failure to provide your own phone number and email address in setting up and maintaining your account, or allowing another user to list your phone number or email address as his/her own, violates this requirement.

Requirements Regarding Flagging

You cannot flag or otherwise seek removal of content on MapIt without a personal and good faith belief that the content violates these TOU.

You may flag particular content only on your own behalf, and you cannot allow others to do it on your behalf.

You may flag a particular item of content only once.

All flagging must be done manually and not through the use of any automated means, products or services.

Requirements Regarding Fees

You are responsible to MapIt for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize MapIt, or its designated payment processor, to charge your specified credit card, debit card or other payment method for those fees.

All fees are in United States dollars, and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

All fees are nonrefundable, including without limitation in situations where paid posts are removed by MapIt or community flagging. MapIt reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion.

Additional Prohibitions

You may not collect any of MapIt's users' personal information for any purpose.

You may not copy, aggregate, display, distribute, publish, perform or otherwise use any content posted on MapIt, other than your own, whether done directly or through intermediaries.

You are prohibited from making any effort to decompile, disassemble or reverse engineer all or any part of MapIt in order to identify, acquire, copy or emulate any source code or object code.

You are prohibited from attempting (whether successful or not) to induce, encourage, cause or assist anyone else to engage in any of the above unauthorized and prohibited activities.

Disclaimers

THE FOLLOWING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:

MapIt IS PROVIDED ON AN .AS IS. OR .AS AVAILABLE. BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL IMPLIED WARRANTIES . INCLUDING SPECIFICALLY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS . ARE EXPRESSLY DISCLAIMED.

MapIt ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO:

THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF MapIt AND CONTENT ACCESSED THROUGH MapIt;

COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF MapIt OR CONTENT ACCESSED THROUGH MapIt; AND

ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF MapIt OR CONTENT ACCESSED THROUGH MapIt.

Limitations Of Liability

YOU AGREE THAT, IN THE EVENT OF A SUCCESSFUL CLAIM OF ANY KIND BY YOU AGAINST MapIt, AND BECAUSE OF THE DIFFICULTY IN DETERMINING EXACT DAMAGES, YOUR DAMAGES OF ANY AND ALL KINDS SHALL BE LIMITED TO THE FEES PAID BY YOU TO MapIt IN CONJUNCTION WITH THAT CLAIM.

Injunctive Relief

You acknowledge and agree that any violation of the TOU may cause MapIt immediate and irreparable harm and damages; consequently, MapIt has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including without limitation temporary restraining orders) and seek permanent injunctive relief regarding any violation of the TOU. In addition to any and all other remedies available to MapIt, MapIt may seek specific performance of any term in the TOU.

Privacy Policy

Our Privacy Policy may be found on our website.

Additional Provisions

These TOU constitute the entire agreement between you and MapIt and supersede any prior written or oral agreement or representations.

Any claims by you or disputes between you and MapIt must be brought in the Superior Court of Maricopa County, Arizona, which is acknowledged by you and MapIt to have personal and exclusive jurisdiction. Said claims and disputes are subject to the laws of Arizona without regard to conflict or choice of law principles.

You agree that any claim by you against MapIt must be filed in court within one year of the time when the claim first arose, regardless of any law or statute to the contrary, or that claim will be forever barred.

If any provision of the TOU is found by a court to be unenforceable, all other provisions of the TOU shall remain in full force and effect.

PRIVACY POLICY

(Last updated June, 2013)

Protecting Your Privacy

We don't share your information with third parties for marketing purposes.

We don't engage in cross-marketing or link-referral programs with other sites.

We don't employ tracking devices for marketing purposes (e.g., "cookies")

We don't send you unsolicited communications for marketing purposes.

We offer email anonymization and relay, to reduce 3rd party harvesting and spam.

Account information is password-protected. Keep your password safe.

We do not knowingly collect any information from persons under the age of 13. If MapIt learns that a posting is by a person under the age of 13, we will remove that post.

We are not responsible for, nor do we have any control over, the privacy policies of third party websites to which users connect, and encourage users to read the privacy policies of each website visited.

Data We Collect

We sometimes collect your email address for purposes such as sending self-publishing and confirmation emails, authenticating user accounts, providing subscription email services, registering for forums, etc.

We sometimes collect your phone number for account authentication purposes, and may transmit it to a third party service for tele-robotic verification.

We do not store credit card information. Credit card transactions are transmitted to a financial gateway, and we endeavor to protect the security of your payment information during transmission.

We may collect personal information if you provide it in feedback or comments, post it on our classified or interactive forums, or if you contact us directly. Please do not post any personal information that you expect to keep private.

Our web logs collect standard web log entries for each page served, including your IP address, page URL, and timestamp. Web logs help us to diagnose problems with our server, to administer each MapIt site, and to otherwise provide our service to you.

Data We Store

All classified and forum postings are stored in our database, even after "deletion", and may be archived elsewhere.

Our web logs and other records are stored indefinitely.

Although we make good faith efforts to store the information in a secure operating environment that is not available to the public, we cannot guarantee complete security.

Circumstances In Which MapIt May Release Information

MapIt may disclose information about MapIt users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.

MapIt may disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce our TOU, respond to claims that any posting or other content violates the rights of third parties, or protect the rights, property, or personal safety of MapIt, its users or the general public.

Yes, I agree to the Terms of Service.

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