BrandMapz Terms of Use

Last updated May 19, 2014
These terms and conditions ("Terms of Use") govern your use of the BrandMapz service. They apply to the service made available by BrandMapz (“BrandMapz”) on BrandMapz.com and to any other means via which the service is made available or can be used, such as, but not limited to, browser plugins and applications ("BrandMapz Software"). By using the BrandMapz service or BrandMapz Software, you agree to be bound by the following terms and conditions as well as our policies and guidelines (“Policies”) available on our policies page.

I. Basic Terms
The key rule you need to understand and accept is that BrandMapz provides you with a service, but you remain responsible for both i) how you use the BrandMapz service, and for (ii) any data, text, links, information, image and/or any other material ("Content") that you choose to use to annotate and display using the BrandMapz service. The Acceptable Use Policy sets out rules on what kind of use is acceptable and what is prohibited, and by accepting these Terms of Use you also agree to comply with the Acceptable Use Policy.

Should you violate these Terms of Use or the Policies, you are no longer entitled to use the BrandMapz service and BrandMapz is entitled to take any appropriate actions to prevent you from using the service.

II. General Conditions
We reserve the right to modify the BrandMapz service for any reason, and we will inform on our website about any substantial changes in the service.

We reserve the right to alter these Terms of Use at any time. You agree that such alteration will be effective upon posting on our website and you will be bound to any such alterations when you use the BrandMapz service after such alteration is posted. It is therefore important that you review these Terms of Use regularly to ensure that you are updated regarding any such alterations.

III. Intellectual Property Rights
The BrandMapz service is protected by copyright, trademark, trade secrets and other intellectual property rights of BrandMapz. These Terms of Use do not grant you any rights in the BrandMapz service as such, except for your right to use the service in accordance with these Terms of Use.

We claim no intellectual property rights over the material you provide to the BrandMapz service. Your materials remain yours. However, unless and until otherwise expressly informed by you, you grant BrandMapz a non-exclusive, royalty-free, worldwide and perpetual right to use, modify, distribute, and prepare derivative works of, such material solely on the BrandMapz service.

IV. User Eligibility
Our services are available to people of all ages, but children under thirteen should only use the service under the supervision of their parents or guardians. If you are using the BrandMapz service as a business entity, you (i) represent that you have the authority to bind the entity to these Terms of Use, and (ii) must sign up to a Business Account.

V. Account types and fees
BrandMapz reserves the right to modify the Account types and change prices from time to time by (i) posting the new Account descriptions and/or prices on the Website and (ii) sending current Account subscribers an email notice of the changes to the email address the subscriber gave when registering, at the latest thirty (30) days prior to the changes becoming effective. If you have a ]Business Account and do not agree to the new price or other material change in the Business Account, you can terminate your Business Account without having to pay the new price by cancelling your subscription via the Service.

VI. Release
In the event that you have a dispute with one or more BrandMapz users, you release BrandMapz (and our employees) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

VII. Removal of Content
We may, but have no obligation to, remove Content from the BrandMapz service that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates these Terms of Use.

We review all claims of copyright or other intellectual property right infringements received and remove the Content (including the tags created with the BrandMapz service) from the BrandMapz service if such Content is deemed to have been annotated or displayed in violation of any such laws. To make a claim, please provide us with the following:

A description of the work protected by copyright or other intellectual property right and claimed to have been infringed.A description of the infringing Content and information reasonably sufficient to enable us to locate the infringing Content.Your contact information, including your address, telephone number and email address.A statement by you that you have, without results, requested the provider of the infringing Content to cease the infringing activity or that you have not been able to identify the provider of the infringing Content.A statement by you that you have a good faith belief that the use of the infringing Content in the manner complained of is not authorized by the rights owner, its agent or by law.A statement by you that the information in the notification is accurate and that you are the owner of the infringed copyright or other intellectual property right or the person authorized to act on his/her behalf.Your signature.

The above claims can be sent to contact@cloudxtension.com.

VIII. Third party content
The BrandMapz service may include content developed by third parties, including but not limited to custom tags and content from third party websites incorporated to images via the custom tags (“Third Party Content”). BrandMapz accepts no liability for any errors, omissions or other deficiencies in such Third Party Content. Third Party Content can be subject to its own terms of use, which you need to comply with in order to use such Third Party Content.

IX. Privacy
Your privacy is of utmost importance to us, as we believe that by protecting your privacy, we also make our service better. In order to see how we collect and process personal data.

X. No Warranty
We, our officers, directors, employees, and our suppliers provide our website and services on an “as is” and “as available” basis. WE DO NOT MAKE ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OF THE BRANDMAPZ SERVICE OR ANY THIRD PARTY CONTENT, TO THE GREATEST EXTENT PERMITTED BY LAW.

XI. Liability Limitation
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY LOSS OF DAMAGE, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THESE TERMS OF USE (HOWEVER ARISING, INCLUDING NEGLIGENCE), TO THE GREATEST EXTENT PERMITTED BY LAW. IN CASE OF A PREMIER BUSINESS ACCOUNT, OUR TOTAL AGGREGATE LIABILITY MAY NOT EXCEED THE GREATER OF (I) AN AMOUNT EQUAL TO ONE MONTH OF SERVICE FEES ACTUALLY PAID BY YOU FOR THE ACCOUNT, OR (II) TEN dollars ($10.00).

XII Indemnity
You agree to indemnify and hold BrandMapz (and our directors, employees or partners) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

XIII. Resolution of Disputes and Applicable Law
In the event a dispute arises between you and BrandMapz, please email BrandMapz at contact@cloudxtension.com, and we will work quickly towards a solution. Should we not be able to solve such a dispute amicably in due course, such disputes shall be resolved in the first instance exclusively in the District Court of San Mateo, California. These Terms of Use shall be subject to the laws of California, excluding its choice of law provisions.

BrandMapz Acceptable Use Policy

Last updated May 16, 2014
BrandMapz’s Acceptable Use Policy (the "AUP") sets out the acceptable and non-acceptable uses of our BrandMapz service. It forms part of our Terms of Use and terms defined in the Terms of Use have the same definition in this AUP. This is binding document, and by accepting the Terms of Use you also accept this AUP. Please thus review these rules carefully and ensure that your use of the BrandMapz service complies with the rules set out in this AUP. We reserve the right to change this AUP at our sole discretion, and will notify you of any changes by posting the new version on the Website.

This AUP is structured as follows. Section I contains general rules applicable to all users. Section II contains rules applicable to users of the specific types of BrandMapz service accounts. Finally, Section III contains rules for the use of third party content from BrandMapz partners.

I. General rules for the use of the BrandMapz service
You must not annotate and/or display (i) any material protected by copyright or other intellectual property rights without the prior approval of the respective rights holder, nor (ii) any illegal or otherwise inappropriate or obscene material.

You must not use the BrandMapz service for any illegal, fraudulent or unauthorized purpose. You agree to comply with all local laws regarding online conduct and acceptable content.

You must not copy any elements of the BrandMapz service, including the code and the design, or our name, trademark, logo or other proprietary information, without our prior written consent.

You must not attempt to circumvent or breach any security or any authentication measures put in place by BrandMapz.

You must not create or submit unwanted tags to any images.

You must not transmit any worms or viruses, any code of a destructive nature or otherwise interfere with the operation of the BrandMapz service.

You must not provide us or any other users of the BrandMapz service any false or misleading information.

You must not attempt to replicate or circumvent any of the functionality of the BrandMapz service with any unauthorized solutions created by you or by a third party.

You must not collect from any third parties personal data or personally identifiable information in violation of any data protection and/or privacy laws

You must not encourage or solicit any third party to do any acts prohibited by the Terms of Use or this AUP.