Click2Map is an online map creation service accessible on the Internet. The Click2Map map Editor can be accessed free of charge for a limited number of maps and markers. Additional functionalities need to be paid for by users on a monthly, annual or unlimited basis.
Article 1. Definitions
"Click2Map" refers to the group of Services, the purpose of which is to facilitate online mapping creation, for personal, or business purposes.
"Click2Map Map Editor" refers to an online map editing service available free of charge on the internet. The Click2Map map Editor can be used for free by the User to create up to 2 maps and 150 markers; use of the Click2Map map Editor requires full acceptance by the User of the Google™ terms and conditions, among which those pertaining to the Google Maps API.
"Subscription" refers to a paid fixed rate granting access to the corresponding Click2Map paid services. Monthly subscriptions are automatically renewed for an additional month when purchased by credit card or any other payment method authorizing recurring payments. Yearly subscriptions are renewed only after the User's explicit authorization. Unlimited subscriptions grant access to the Click2Map version in place at the time of purchase for an unlimited duration; the current Click2Map version is version 3; if a newer version is released, Click2Map will maintain access to the previous version FOR A ONE YEAR PERIOD – at the end of this period, the user will have the choice to upgrade to the newer version or cease using Click2Map with no claim for any counterpart, refunding or indemnity whatsoever.
"Service(s)" refers to the entirety of the Services accessible to Click2Map Users, whether paid or unpaid.
"Paid Services" refers to all Services accessible, at rates quoted, by Click2Map Users with a valid Subscription.
"User(s)" refers to any or all valid registered users of the Click2Map Service who have or have not paid to use Click2Map.
Article 2. Access and registration for the Click2Map Services
2.1 Terms of access and registration
The equipment (computer, software, telecommunications systems, etc.) used to allow access to Services shall be the responsibility of the User, as shall the telecommunications costs incurred by its use.
To be a Click2Map User you must be at least 18 years of age and complete all compulsory fields appearing on the registration forms.
The user guarantees that the information entered in the registration form are exact and truthful. The user understands that he must keep AxioCode SAS informed without delay of any modifications to their registration information and will take proper steps to update their information in the My account section of the Click2Map website.
When the conditions required for registration are met, each User will have one or more identifier(s) (usernames) and one or more Password(s), according to the different Services with which the User is registered (Internet, newsletters, telephone). These identifier(s) and Password(s) are strictly private and confidential and must not be shared with any third parties.
If a User disseminates or uses these elements in a manner deemed contrary to its original purpose, Click2Map SARL will terminate the User's Account.
The User shall be solely liable for the use of this identification information by third parties or for the actions or statements made through the User's account, whether these be fraudulent or not. The User holds AxioCode SAS harmless against all claims of this kind. In addition, as AxioCode SAS does not have the obligation or the technical means to check the identity of every person registered with its Services, AxioCode SAS is not liable in the event a User's identity is used by someone else. If the User has reason to believe that a person is using his or her User identification information or account, he or she must inform AxioCode SAS immediately.
For security and quality purposes, AxioCode SAS may deactivate the accounts of Users who have not used the Service for a period of 6 months or more, and for whom no Subscription remains valid. This six-month period referred to above shall begin on the date that the Subscription term expires.
2.2 Right of withdrawal
In accordance with Article L. 121-20 of the French Consumer Code, the User is informed that he/she enjoys a period of seven calendar days from the time he/she accepts the Services to exercise his or her right of withdrawal, without penalty and without the need to provide any reason. However, in accordance with Article L. 121-20-2, 1st of the French Consumer Code, the right of withdrawal may no longer be exercised once the User has accessed the Services concerned.
Article 3. Use of Click2Map
3.1. Obligations of AxioCode SAS
AxioCode SAS will remotely and by electronic means supply an online mapping creation Service via Internet. Click2Map's activity does not include supplying access to the Internet network, or providing an electronic communication Service to the public. Consequently, AxioCode SAS has no legal obligation to identify Users when they connect to the Click2Map Internet site or to monitor content published by Users. Because AxioCode SAS is technically incapable of providing such Services, AxioCode SAS does not undertake contractually to identify Users or to moderate in respect of content which they publish under their own responsibility.
AxioCode SAS cannot be held liable for false declarations made by a User.
In this respect, AxioCode SAS reminds its Users that they are prohibited from using Click2Map Services to disclose information that allows them to be identified, such as last names, mailing/email addresses, or telephone numbers, to other Click2Map users.
3.2 Obligations of the User
The provisions of this Article shall apply without prejudice to the Article "Termination".
3.2.1. General Obligations
The User has the following General Obligations:
To act fairly in respect of AxioCode SAS and other Users.
To respect the intellectual property rights relating to content supplied by Click2Map and by other Users.
To understand that he/she alone defines the boundaries of his/her privacy and that it is his/her responsibility only to communicate to AxioCode SAS and to other Users such personal information the dissemination of which he/she considers cannot cause him/her any harm.
3.2.2. Essential Obligations
The User has the following Essential Obligations:
Not to post, disseminate, or broadcast in any form whatsoever inaccurate or false information or content.
Not to make comments, propagate or disseminate in any form whatsoever content that contravenes the rights of others or that is defamatory, injurious, obscene, offensive, violent or inciting to violence, political, racist or xenophobic and, in general, any content that is contrary to the purpose of Click2Map, current rules and laws in force or acceptable norms and standards. In particular, photographs, videos and any other information in terms of data or files supplied by a User of Click2Map must be decent and refer exclusively to the User or to a third party from whom the User has expressly obtained consent and are the sole responsibility of the User concerned.
Not to post, disseminate, or broadcast in any form whatsoever information or content that has the effect of diminishing, disorganizing or preventing normal usage of the Services, or of interrupting and/or slowing down normal circulation of communications between Users through the Services, such information comprising, for example, software, worms, viruses, software bombs, mass mailing, etc. AxioCode SAS reserves the right to delete access to the generated maps visited massively by a User in order to maintain the quality of use of the Services provided to its Users.
Not to post, disseminate, or broadcast in any form whatsoever information or content that incorporates links to third-party websites that are illegal in character, contrary to what is generally acceptable and/or not in accordance with the principles of Click2Map.
To use his/her Password and/or ID only for his/her purpose of authentication for the Services. In this regard, the User must not, without limitation, communicate, disseminate, share or make accessible, in any way, his/her Passwords and/or IDs to any third party.
To ensure that the personal data of his/her entourage is communicated legally and without risk of harm. The User must thus obtain the prior consent of Users of said entourage to receive, on the User's behalf, an email from Click2Map.
Failure to comply with the Essential Obligations as set out above shall constitute a serious breach by the User of his/her obligations. Without prejudice to the provisions of the Article "Termination", AxioCode SAS shall, where the User fails to comply with one or more of these Essential Obligations, be entitled to terminate the contract and will definitively delete the account of the User concerned.
Article 4. Prices and terms of payment
The use of the Paid Services assumes that the User has a Subscription. Users can acquire a Subscription by using credit card (on the Internet or by telephone).
The prices and the terms of payment for the different Paid Services are displayed at all times on the Click2Map website, including at the point when the user chooses to make a purchase.
The prices shown are in US dollars or Euros and do not include taxes.
The activation of a Click2Map Subscription on a user's account occurs as soon as, or a few moments after a valid transaction has been completed (successful online transaction).
The user can contact AxioCode SAS at any time to cancel their Subscription. The cancellation will take effect from the expiry date given for the active Subscription, in accordance with Article 8, 'Termination', below.
Upon expiration of a monthly subscription, such Subscription shall, except where the User notifies termination thereof to AxioCode SAS prior to the Subscription's expiration date, be renewed by periods of the same duration (1 month). Upon expiration of a yearly Subscription, such Subscription shall be renewed by periods of the same duration (1 year), after the User's explicit authorization. Upon expiration of an unlimited Subscription, in other words after a one year period following the release of a newer Click2Map version, the User's Subscription will be converted to a free account.
The user can cancel their Subscription at any time, with termination taking effect from the end of the validity period covered by the last monthly payment made.
In the event that a user wishes to upgrade to another Subscription while they have a currently active Click2Map-Subscription, then the new rate will be charged on the next billing cycle for a monthly subscription and in proportion to the time remaining for an annual subscription.
Article 5. Personal privacy and protection of User data
AxioCode SAS upholds the strictest of standards with respect to protection of privacy and of personal information, and has made a declaration to the French data protection authority (Commission Nationale de l'Informatique et des Libertés - CNIL), using number 1276049.
Each User can access or request access to information concerning him/her in order to have it modified, deleted or to forbid any use by Click2Map of it. Users can submit such requests for access by mailing requests to the following address: AxioCode SAS, 57 rue Lothaire, 57000 METZ, France, or by filling out the contact forms, and each User shall carefully identify the sender's personal information.
Each User can, at the time of registration or at any time thereafter, request to receive and, subsequently, request without charge via Click2Map to cease to receive, the Click2Map newsletters and/or promotional offers sent to her/him by email or to cellular phone from Click2Map and/or its partners. The rights and warranties of Click2Map Users respect in particular the French law on "information technology and civil liberties", n° 78-17 dated 6 January 1978 as modified by Law n° 2004-801 dated 6 August 2004 transposing into French law the EU Directive 95/46/EC dated 24 October 1995 on the protection of personal data and privacy within the European Union; and the French law on "confidence in the digital economy", n° 2004-575 dated 21 June 2004 (article L 33-4-1, as modified, of the Post and Electronic Communications Code and the new article L. 121-20-5 of the Consumers Code) transposing into French law the EU Directive 2000/31/EC dated 8 June 2000 on electronic commerce and EU Directive 2002/58/EC dated 12 July 2002 on the protection of personal data and privacy in electronic communications.
5.1. When and why do we gather information about you?
The User is asked to supply information about himself/herself when he/she registers with the Service, participates in a contest, responds to a survey, participates in a chat or acquires a Subscription. Certain items of information are mandatory in order to gain access to Services.
5.2. What sort of information do we gather?
Personal information gathered by Click2Map can include your name, mailing and/or email address, fixed line and/or cellular telephone numbers, bank information, and your use of the Service.
Furthermore, certain non-personal information are also gathered, such as the version of the User's and any other visitor's web browser, the operating system, the IP address of the computer from which they are visiting and statistics about maps and markers consultations.
5.3. Who has access to your information?
The information gathered about you when you register with Click2Map and subscribe to our Services is used to offer you our different Services. All precautions have been taken on our databases to archive your information in a secure environment. Only a small number of our employees have access to your information, which is only accessible in case of necessity. The personal information you provide at the time of registration which does not comprise your personal ad and your profile will not be accessible by third parties, nor Subscriptioned on, sold or exchanged, except in the cases named below and subject to your prior information and agreement, or in assumption of your non opposition hereto.
We may send you promotional offers from some of our partners, subject to your explicit and informed consent given during registration, unless you choose not to be contacted during your registration or unless you change your mind at any moment thereafter. If you do not wish to receive any special offers from Click2Map or our partner companies, let us know when you subscribe, or alternatively at any time by going to "My Account" on the Click2Map website, or contact us by mail.
Article 6. Intellectual property
6.1. Content broadcast by Click2Map
The trademarks (including Click2Map), logos, graphics, photographs, animations, videos and texts featuring on the Click2Map site and in the Click2Map Service are the intellectual property of AxioCode SAS or its partners and may not be reproduced, used or represented without the express permission of AxioCode SAS or its partners, under threat of legal action.
The rights of use granted by AxioCode SAS to the User are strictly limited to accessing, downloading, printing and reproduction on all media (hard disk, floppy disk, CD-ROM, etc.) and to use of these documents for private and personal purposes in the scope of and for the duration for of the User's usership with Click2Map. Any other use by the User is prohibited without the authorization of AxioCode SAS.
In particular, the User is prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever the Services, the Click2Map site pages or software codes for elements comprising the Click2Map Services and site.
Article 7. Liabilities and warranties
7.1 Functioning of the Click2Map site and Services
The User must have the skills, hardware and software required to use the Internet or, as appropriate, Internet, and acknowledges that the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data transmissions cannot be guaranteed.
AxioCode SAS does not guarantee that the Services will function if the User activates a popup killer tool. In this case, the function should be deactivated before using the Service.
AxioCode SAS does not guarantee that the Services will be usable if the User's Internet Service provider is unable to provide its Service properly. In this context, AxioCode SAS cannot be held responsible for the non-functioning, non-availability or adverse conditions of usage of the Click2Map site resulting from incorrect hardware, problems experienced by the User's Internet Service Provider or blockages on the Internet networks or for all other reasons outside the sphere of influence of AxioCode SAS. Moreover, due amongst other things to the specifics of their Internet browser, Users who are AOL users may encounter problems making Click2Map function properly.
Under these conditions, AxioCode SAS does not guarantee that the Services shall function without interruption or error. In particular, the use of this Site may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, AxioCode SAS shall inform its Users prior to maintenance work or updates.
7.2 Information and content supplied by the Users
AxioCode SAS cannot be held liable for (and the consequences of) the accuracy or inaccuracy of the information and content provided by other Users, site visitors and/or the User himself/herself. Correspondingly, AxioCode SAS cannot be held responsible for content distributed by a User that might contravene the rights of one or more other Users or third parties.
Finally, if during the scope of a search performed on the Click2Map site where the result of this search would point the User to access sites, pages or forums of which the content and/or purpose constitutes a violation of the French law, the User is required to cease consultation of the site concerned in order to avoid being held responsible for such violation.
7.4 Limitation of responsibility
AxioCode SAS can be held responsible by a User only where certain and definitive proof is adduced before the courts demonstrating a wrongful act committed by AxioCode SAS having caused that User damage.
Article 8. Termination
A User may at any time and without the need to provide any reason end his/her registration with Click2Map by requesting the closure of his/her account in the area of the Click2Map site designated for such purposes. Such request shall be deemed effective from the first working day after receipt by AxioCode SAS of the request for closure of the account concerned. Such a request does not trigger reimbursement of, if appropriate, any time remaining on the User's Subscription.
Termination of a Subscription by a User shall be effective on the Subscription's expiration date.
Without prejudice to the other provisions hereof, where the User commits a serious breach, AxioCode SAS will terminate the User's account without prior notification or warning. Such termination shall have the same effects as a termination by the User.
Such termination shall take effect without prejudice to any damages that AxioCode SAS might claim from the User or his/her beneficiaries and legal representatives, in compensation of the harm suffered as a result of such breaches.
The User will be informed by email of the termination, or the confirmation of the termination, of his/her account. Data relating to the User will be destroyed at his/her request or upon expiration of the legal time period following the termination of the User's account.
Article 9. Agreement between the User and AxioCode SAS
Users are therefore invited to read the most recent version online on the Click2Map Site.
Article 11. Jurisdiction and applicable law
Article 12. About Us
AxioCode SAS,is registered in the Trade and Companies Register of Metz (France) under the number 794 875 104, with head offices located at: 57 rue Lothaire, 57000 METZ, France. For any questions you may wish to ask, contact AxioCode SAS by completing the contact form or send an email to contact at click2map dot com.