Click2Map Terms of Use

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Click2Map Terms of Use

Introduction

(Terms of Use: www.click2map.com, revised on March 21st, 2011)

These Terms of Use apply to the entire contents of the present website under the domain: "www.click2map.com", to the Click2Map map Editor and the Click2Map map hosting service. The Click2Map map server falls under a specific license agreement that is not part of the current Terms of Use.

These Terms of Use are the property of Click2Map SARL. Consequently, and without limitation, any dissemination, exploitation, representation, reproduction or use, whether partial or total, on any medium, of these Terms of Use, other than for strictly personal purposes, requires Click2Map SARL's prior authorization. Failure to obtain such authorization shall render the infringing party liable to criminal and civil prosecution.

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. The Click2Map map hosting service is available to those Users who pay through monthly, or yearly subscription.

We ask you to carefully read the Terms of Use below before participating with Click2Map, as a Click2Map User, in the development of a responsible and high quality site. In becoming a User of Click2Map, you undertake to comply with these Terms of Use. If you do not accept these Terms of Use, you should not register with Click2Map. Registration for one or more Services, as well as use of this site, implies full and complete acceptance of these Terms of Use by the User. By checking the box containing the words "I have read and accepted the terms of use and privacy ", located at the bottom of the registration page, in order to confirm registration, the User acknowledges that he/she is bound by all clauses of the Terms of Use.

Article 1. Definitions

The list of words below, which start with a capital letter, have been defined for the purposes of these Terms of Use as follows: :

"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.

"Click2Map Map hosting" refers to the map hosting service provided by Click2Map SARL. This service is available to those Users who pay through monthly, or yearly subscription. It does not constitute a backup service and does not come with availability warranties. It offers online map updating features, dynamic marker clustering and usage statistics features.

"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.

"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.

"Terms of Use" refers to this contract.

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.

In order to become a Click2Map User it is necessary: to register and subscribe to Services under the Terms of Use that are listed on the Click2Map website of the country where the User resides.

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 Click2Map SARL harmless against all claims of this kind. In addition, as Click2Map SARL does not have the obligation or the technical means to check the identity of every person registered with its Services, Click2Map SARL 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 Click2Map SARL immediately.

For security and quality purposes, Click2Map 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

Upon registration, and after acquiring the necessary Subscription, the User can take advantage of access to Services available on Click2Map. Prices and terms of payment for the Paid Services can be found under the Article "Prices and Terms of Payment" of these Terms of Use. This can be accessed at any time via the Click2Map site during the presentation or the use of the Paid Service(s) that the User wishes to access, as well as its/their respective price(s).

3.1. Obligations of Click2Map SARL

Click2Map SARL 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, Click2Map SARL has no legal obligation to identify Users when they connect to the Click2Map Internet site or to monitor content published by Users. Because Click2Map SARL is technically incapable of providing such Services, Click2Map SARL does not undertake contractually to identify Users or to moderate in respect of content which they publish under their own responsibility.

Click2Map SARL cannot be held liable for false declarations made by a User.

In this respect, Click2Map 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".

When using the Services, the User undertakes in particular to comply with contract law, the rights of third parties and these Terms of Use.

3.2.1. General Obligations :
The User has the following General Obligations:
  • To act fairly in respect of Click2Map SARL 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 Click2Map SARL 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 responsability 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. Click2Map SARL 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 authentification 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.
  • To use the Services in accordance with the purpose set out in these Terms of Use.

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", Click2Map SARL 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 does 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 Click2Map 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 Click2Map 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 monthly Bronze Subscription.

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

Click2Map 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: Click2Map SARL 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, information about your physical appearance, photographs, voice recording, video, personal values, religion, interests, 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 (Netscape, Internet Explorer, etc.), the operating system (Windows 98, Mac Os, etc.), the IP address of the computer from which they are visiting and statistics about maps and markers consultations.

Finally, Click2Map uses cookies, designed to store information used to identify the User while he/she is browsing on the Click2Map Internet site, in order to allow the User to continue browsing without having to re-enter this information for each new page. The User always has the option of preventing the use of cookies by modifying the options of his/her web browser. To obtain further information about this, please refer to the browser-specific advice on option modification, which is accessible on the "Your Traces" ("Vos Traces") section of the website of the French data protection authority (CNIL): www.cnil.fr.

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, Click2Map SARL), logos, graphics, photographs, animations, videos and texts featuring on the Click2Map site and in the Click2Map Service are the intellectual property of Click2Map SARL or its partners and may not be reproduced, used or represented without the express permission of Click2Map SARL or its partners, under threat of legal action.

The rights of use accorded by Click2Map SARL 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 Click2Map SARL.

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

To use the Services, the User must have the necessary hardware equipment and software and the necessary parameters required to properly use Click2Map: Navigator Internet Explorer 6 or equivalent, Javascript functions enabled, cookies enabled, and pop-ups enabled. Apple Macintosh users must use Mozilla Firefox – Click2Map does not guarantee optimal functioning of the site when using SAFARI or OPERA browsers.

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.

Click2Map SARL 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.

Click2Map SARL 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, Click2Map 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 Click2Map. 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, Click2Map 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, Click2Map shall inform its Users prior to maintenance work or updates.

7.2 Information and content supplied by the Users

The information supplied by a User of Click2Map must be accurate and conform to reality. The consequences of disclosing information on the life of the User or of other Users are the sole responsibility of the User concerned. It is the User who takes the initiative to divulge and disseminate via Click2Map personal information, data, text, content and images. Consequently, he/she waives all recourse against Click2Map, notably on the basis of any possible damage to the User's right to his/her image, the User's honor and reputation, or the User's privacy, resulting from the dissemination or revelation of information concerning the User under the conditions foreseen by this agreement, in particular by Article 5 "Personal Privacy and Protection of User Data," since the User has given his/her prior, free and express consent to such revelation through his/her registering with the Service and in application of these Terms of Use.

Click2Map 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, Click2Map cannot be held responsible for content distributed by a User that might contravene the rights of one or more other Users or third parties.

7.3 Links

Click2Map can supply or third parties may include hypertext links to other websites other than the Click2Map site and to Internet sources. As Click2Map is unable to supervise these external sites and sources, it cannot be held responsible for the availability of these external sites and sources, and cannot be responsible for their content, advertising, products, Services or any other element made available on or from any of these external sites or sources. Any difficulty relating to a hypertext link must be submitted to the administrator or webmaster of the site to which it pertains. It should, furthermore, be noted that the consultation and/or utilization of these external websites and sources are governed by their own Terms of Use.

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

Click2Map SARL can be held responsible by a User only where certain and definitive proof is adduced before the courts demonstrating a wrongful act committed by Click2Map SARL having caused that User damage.

In this regard, Click2Map SARL shall in no circumstances be liable for direct or indirect damage to the User where the User's behavior contributed to the occurrence of the damage he/she claims to have suffered. By way of illustration, Click2Map SARL shall not be liable for direct or indirect damage suffered by the User in the event of non-performance or incorrect performance of these Terms of Use by the User.

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 Click2Map SARL 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, Click2Map SARL will terminate the User's account without prior notification or warning. Such termination shall have the same effects as a termination by the User.

Without prejudice to the other provisions hereof, where the User commits a breach, Click2Map SARL will terminate the User's account seven (7) days after having sent to the User an email requesting unsuccessfully that he or she comply with these Terms of Use.

Such termination shall take effect without prejudice to any damages that Click2Map SARL might claim from the User or his/her beneficiairies 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 Click2Map SARL

These Terms of Use, and the pages on the Click2Map site to which these terms refer, constitute a contract that governs the relationship between the User and Click2Map SARL. They cancel and replace any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations of Click2Map SARL and of the User.

If any of the provisions of these Terms of Use is declared void in application of a law, a regulation, or a final decision of a court having proper jurisdiction, all other provisions shall remain fully in effect. Furthermore, failure by a Party to take action in respect of the breach by the other Party of any provisions of these Terms of Use, shall not be interpreted as constituting a waiver by said first Party of the right to take action in future in respect of such a breach.

Article 10. Amendments by Click2Map to the Terms of Use

Click2Map SARL may modify these Terms of Use at any time. The User will be informed of the nature of these modifications as soon as they are posted on the Click2Map site. The modifications shall take effect one month after their posting on the Site. For Users registered after any modifications have been put online, these modifications shall be immediately applicable, as the User will have expressly accepted them when the account was opened.

Users are therefore invited to read the most recent version online on the Click2Map Site.

Article 11. Jurisdiction and applicable law

These Terms of Use shall be governed, construed and applied in accordance with French law, and in the event of dispute as to the meaning of a term or provision of these Terms of Use the language of interpretation shall be French.

Article 12. About Us

Click2Map, a Private Limited Company (SARL), with a capital of 20 000 euros, registered in the Trade and Companies Register of Metz (France) under the number RCS 502 217 904, with head offices located at: 57 rue Lothaire, 57000 METZ, France, represented by Mr. Antony Zanetti, CEO and Director of publication of the Click2Map site. The Click2Map site is hosted on Click2Map servers. For any questions you may wish to ask, contact Click2Map by completing the contact form or send an email to contact at click2map dot com.
 
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