Terms of Service
These Terms of Service ("Terms") govern your access to and use of the services and Scribble Maps' websites (the "Services") a product wholly owned by 52 Stairs Studio Inc, and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content") and maps listed as private or delisted ("Private Content"). is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.Basic Terms
You are responsible for your use of the Services, for any content you post or create using the Services, and for any consequences thereof. Any content you publish, could potentially be seen by others. You should only create content you are comfortable with potentially sharing with others under these Terms.
Note: Any maps created that are set to be listed will be shown publically in our map directory. Delisted maps are not shown publically in the directory, however, they are still accessible if a user knows the ID of the map. Our automatically created IDs are near impossible to guess, custom IDs are not.
We may in the future also add the ability to password protect maps, but for the time being, one should be aware of a person's capability to view your maps if they have the IDs.
You may use the Services only if you can form a binding contract with 52 Stairs Studio Inc. and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable municipal, provincial, federal, and international laws, rules and regulations.
The Services that Scribble Maps provides are always evolving and the form and nature of the Services that Scribble Maps provides may change from time to time without prior notice to you. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
We may in the future also add the ability to password protect maps, but for the time being, one should be aware of a person's capability to view your maps if they have the IDs.
Note: We are constantly adding new features, and improving existing features.
We do not take removing features lightly, and generally would not remove a feature unless it was absolutely necessary.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by 52 Stairs Studio Inc. on the Services are subject to change. In consideration for 52 Stairs Studio Inc. granting you access to and use of the Services, you agree that 52 Stairs Studio Inc. and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Privacy
Any information that you provide to Scribble Maps is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to Canada and/or other countries for storage, processing and use by Scribble Maps. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Scribble Maps account, which you may not be able to opt-out from receiving.
Note: You can opt-out of most communications from Scribble Maps including our newsletter, notifications, etc.
Passwords
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. 52 Stairs Studio Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own riskWe do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will 52 Stairs Studio Inc. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By creating maps on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license to copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content through Scribble Maps Services.
Note: Services that we can show your map through includes pages such as www.scribblemaps.com/maps/ and through our widgets.
You agree that this license includes the right for 52 Stairs Studio Inc. to make such Content, excluding Private Content, available to other companies, organizations or individuals who partner with 52 Stairs Studio Inc. for the syndication, broadcast, distribution or publication of such Public Content on other media and services, subject to our terms and conditions for such Content use.
Note: Maps listed as private or delisted will never be distributed to other companies by 52 Stairs Studio Inc.
Such additional uses by 52 Stairs Studio Inc., or other companies, organizations or individuals who partner with 52 Stairs Studio Inc., may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. 52 Stairs Studio Inc. will not be responsible or liable for any use of your Content by Scribble Maps in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
52 Stairs Studio Inc. gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by 52 Stairs Studio Inc. as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Scribble Maps, in the manner permitted by these Terms.
52 Stairs Studio's Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of 52 Stairs Studio Inc. and its licensors. The Services are protected by copyright, trademark, and other laws of both Canada and foreign countries. Nothing in the Terms gives you a right to use the Scribble Maps name or any of the Scribble Maps trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Scribble Maps, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. Account termination will not include any form of refund for previous services rendered. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Scribble Maps, its users and the public.You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Scribble Maps' computer systems, or the technical delivery systems of Scribble Maps' providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Scribble Maps (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with 52 Stairs Studio Inc. (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of 52 Stairs Studio Inc. is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Copyright Policy
52 Stairs Studio Inc. respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, 52 Stairs Studio Inc. will also terminate a user's account if the user is determined to be a repeat infringer. Please contact us at:
52 Stairs Studio Inc.
1180 Aire Pl Windsor, Ontario
N8S-4G2
Canada
Phone: 1.866.670.7527
Email: [email protected]
1180 Aire Pl Windsor, Ontario
N8S-4G2
Canada
Phone: 1.866.670.7527
Email: [email protected]
The Services are Available "AS-IS"
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, 52 Stairs Studio Inc. AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. 52 Stairs Studio Inc. will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that 52 Stairs Studio Inc. has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from 52 Stairs Studio Inc. or through the Services, will create any warranty not expressly made herein.Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by 52 Stairs Studio Inc. of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 52 STAIRS STUDIO INC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT 52 STAIRS STUDIO INC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.Waiver and Severability
The failure of 52 Stairs Studio Inc. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the province of ontario without regard to or application of its conflict of law provisions or your province or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Windsor, Ontario, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a Canadian federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of Canada (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the province of Ontario (excluding choice of law).Controlling Law and Jurisdiction
These Terms, and our Privacy Policy are the entire and exclusive agreement between 52 Stairs Studio Inc and you regarding the Services (excluding any services for which you have a separate agreement with 52 Stairs Studio that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between 52 Stairs Studio and you regarding the Services.We may revise these Terms from time to time, the most current version will always be at scribblemaps.com/tos.html. If the revision, in our sole discretion, is material we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. These Services are operated and provided by 52 Stairs Studio Inc., 1180 Aire Pl, Windsor, Ontario, N8S4G2, Canada. If you have any questions about these Terms, please contact us.
Effective: June 24, 2010
Thoughts or questions about these Terms? Please, let us know.
