Terms of Use and End User License Agreement

The following MAPS.ME Terms of Use and End User License Agreement is an agreement between you and Benstar Limited, hereinafter – “BENSTAR” (the “Agreement”), and shall govern your use of MAPS.ME’s services and tools including the MAPS.ME client software for mobile or other platforms as may be made available by BENSTAR, the MAPS.ME web site, products, the Tools and any other MAPS.ME application, service, software, component, functionality, program provided by BENSTAR (collectively, the “MAPS.ME Services”).

Your use of MAPS.ME Services is governed by My.com TERMS OF SERVICE placed on the Internet at http://legal.my.com/us/general/tos/ (hereinafter the 'General Terms'), by this Agreement, as well as Privacy Policy placed on the Internet at My.com portal (hereinafter the “Privacy Policy”). In case of contradiction between any provision of this Agreement and any provision in any of the General Terms, the provision of this Agreement shall prevail. By using the MAPS.ME Service, you expressly agree with General Terms, this Agreement and Privacy Policy.

Any reference made in this Agreement to 'BENSTAR' shall be deemed to have been made to BENSTAR, its subsidiaries, successors, assignees, and affiliates, as well as any company that controls BENSTAR, directly or indirectly, and any other subsidiary of that controlling company.
Limited License

BENSTAR hereby provides you with a non-exclusive, non-transferable, limited license to use the MAPS.ME client software (including, any mobile applications) provided to you by BENSTAR (the “Software”) and applicable MAPS.ME Services on an 'AS IS' basis subject to the terms and conditions of this Agreement, Privacy Policy and the General Terms. You are allowed to use the MAPS.ME Services for personal non-commercial use only.
MAPS.ME Services

In order to use certain MAPS.ME Services, BENSTAR may require that you provide BENSTAR with your name/nickname, mobile phone number and your date of birth. Please note that when you register to MAPS.ME other users will be able to search for you and find you on MAPS.ME using the details provided. Your name/nickname, mobile phone number, date of birth, profile photo that you may upload, may be viewed by any user of the MAPS.ME Service. In addition to your mobile phone number when using the Software on certain mobile devices BENSTAR may need to access and collect certain details and data from your mobile device including details of your location (shall include, but not be limited to country, state, city/town/locality, street).

BENSTAR collects and stores such information:

to inform you about your location;
to send you notifications or content according to your location;
to show you content (e.g. images) according to your location;
to inform you about your goal course;
to inform you about certain area (e.g. museums, stores, restaurants, hotels, gasoline stations etc.);
to inform you about other user’s comments on certain area.

Also, please note that MAPS.ME may offer you functionality in which your log-in credentials are stored on your mobile device so that you can be automatically logged in to MAPS.ME. If someone else obtains access to your mobile device (e.g., through theft), the automatic log-in feature will enable such person to have access to your MAPS.ME account. Therefore, in the event your mobile device is lost or stolen, it is your responsibility to contact your wireless carrier immediately to prevent the unauthorized use of your mobile device. In no case BENSTAR will be liable for your losses caused by any unauthorized use of your account in MAPS.ME Services.
Updates

The MAPS.ME Services or any part thereof including, without limitation, any version of the Software installed on your mobile device may be changed, updated, added to, limited or terminated, at any time, temporarily or permanently, without notice, for any reason or no reason by BENSTAR in its sole discretion ('Updates'). You agree to bear the risks of and hold BENSTAR harmless for any and all effects that the Updates may have on you and your ability to use the Software and the MAPS.ME Services, in whole or in part, as a vehicle navigation system or for any appropriate information searching.
Restrictions on Use

You may use the MAPS.ME Services' features, offerings and content for lawful purposes only. You may not (1) enter any information for the purpose of impersonating another person, (2) violate the intellectual property rights of any person, (3) enter offensive details, or (4) use MAPS.ME for any illegal purposes.

You agree not to (1) extract information from the MAPS.ME Services, reverse engineer, decompile, disassemble, alter, duplicate, make copies, create derivative works from, distribute or provide others with the Software, the MAPS.ME communications protocol or any information available on, derived or extracted from the MAPS.ME Services, or any part thereof; (2) block, disable or otherwise affect any advertising, or other features that constitute an integral part of the Software and MAPS.ME Services; and (3) connect, use, attempt to connect or use in any way the MAPS.ME Services, for any commercial purpose. In addition you may not create any software or incorporate into any software any portion of the MAPS.ME Services or enable communication between the MAPS.ME Services and any other service except as specifically permitted by BENSTAR. Materials and information used within MAPS.ME according to open licenses may be used by you subject to such open licenses.

Materials You Send or Post

While you retain ownership of all right, title, and interest in any information, documents, content, images, photographs or other materials ('Materials') sent, posted, upload or submit through use of the MAPS.ME Services, by sending, posting, uploading or submitting such Materials you hereby grant BENSTAR, its affiliates, subsidiaries, assignees, licensees, and legal representatives an irrevocable, perpetual, worldwide license to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Materials (as such may be edited and modified by BENSTAR in its discretion) through the MAPS.ME Services and such other products or services as BENSTAR may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes.

You agree that you will not upload, post, submit or send any Materials through the MAPS.ME Services or to BENSTAR that: (1) is offensive, harmful, vulgar, sexually explicit, or unlawful; (2) you don't have a right to transmit under any law, including but not limited to Materials that infringes patent, trademark, trade secret, copyright or other proprietary right or violates any right of privacy or publicity; (3) contains software viruses or any other computer code that may be harmful to BENSTAR or to Internet users in general; (4) is unsolicited advertising, promotional materials, or any other forms of solicitation; (5) impersonates in any way any person, entity or BENSTAR officials; (6) collects or stores personal data about other users in any way or form or solicit or harvest passwords or screen names; or (7) is confidential, secret or proprietary information belonging to someone else.

BENSTAR reserves the right and the sole discretion to refrain from publishing on the MAPS.ME Services and to delete or remove from the MAPS.ME Services any Materials posted or sent, by any user or any part thereof. You acknowledge that you (and not BENSTAR) are solely liable for any damage resulting from infringement of copyrights, proprietary rights or any other intellectual property rights, or any other harm or damage arising from your submission and BENSTAR's display of any Materials. You hereby hold BENSTAR harmless from and against any third party claim arising from use of the Materials.

You further understand and thereby authorize, that your Materials may be accessed, viewed, stored or reproduced by BENSTAR users or other visitors to the MAPS.ME Services.
Proprietary Rights

BENSTAR and its licensors owns all intellectual property in the MAPS.ME Services and the proprietary BENSTAR databases, including but not limited to MAPS.ME components and algorithms, and access to the MAPS.ME Services' server complex.

You may not modify, publish, transmit, display, participate in the transfer or sale of, create derivative works or in any way exploit the content of the MAPS.ME Services or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the MAPS.ME Services without the express permission of BENSTAR. No portion of the content on the MAPS.ME Services may be stored in a computer except for personal and non-commercial use.

No license is granted to you in this Agreement, either expressly or implicitly, to use any trademarks, servicemarks, names, or logos of BENSTAR.
Privacy Policy

In order for you to feel comfortable in communicating using the MAPS.ME Services, BENSTAR has adopted a privacy policy that governs how BENSTAR processes and treats the information it collects from you. By your use of any of the MAPS.ME Services, you authorize the collection, use, and disclosure of information by BENSTAR as provided for under BENSTARs then-current Privacy Policy and this Agreement.
Monitoring

Unless produced by BENSTAR, the information you access or receive by using the MAPS.ME Services, is provided by the users, is entered or posted by them, and is not controlled, verified or endorsed by BENSTAR in any way. BENSTAR has the right, but not the obligation, to monitor content made available on or through the MAPS.ME Services, to determine compliance with this Agreement and any other operating rules that may be established by BENSTAR from time to time. With respect to user’s content/information, BENSTAR employees do not monitor such content/information but BENSTAR may employ certain automatic computer systems and filters to scan such messages for the purpose of limiting the sending of spam or other unsolicited commercial content through the BENSTAR systems. Users shall remain solely responsible for their content/information. You acknowledge and agree that BENSTAR shall not assume or have any liability for any action or inaction by BENSTAR with respect to any conduct within the MAPS.ME Services.
Other Services

The MAPS.ME Services may contain features, functionalities and/or third party offerings that may link you or provide you with certain reference, functionality or products of third parties ('Other Services'). These Other Services are provided by BENSTAR only as a convenience. The Other Services are not controlled by BENSTAR in any way and BENSTAR is not responsible for the content of any such Other Services, any link contained therein or for the performance, availability, or quality, of any Other Service. If you choose to install and/or use any such Other Services then your use is subject to such Other Services license agreement, terms of use and privacy policy. BENSTAR does not warrant or guarantee that the information sent through the network of Other Services will reach its destination or that the details of the recipient or sender are correct or accurate. In addition, the offering of these features does not imply endorsement of the Other Services by BENSTAR. Furthermore, BENSTAR does not endorse any service or product that may be offered by any third party advertising through the MAPS.ME Services. In no event shall BENSTAR be liable to anyone for any damage arising from or occasioned by the creation or use of the Other Services or the information or material accessed or delivered through the Other Services.
Disclaimer of Warranties

THE MAPS.ME SERVICES AND SOFTWARE IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS. BENSTAR MAKES NO AND HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON INFRINGEMENT, TITLE, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. BENSTAR DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, AVAILABILITY OR RELIABILITY OF THE SOFTWARE, OR THE MAPS.ME SERVICES, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE, AND THE MAPS.ME SERVICES IS ASSUMED BY YOU.

BENSTAR does not warrant or guarantee that all Software versions shall be provided with similar grades and level of service, features, functionality and the ability to use, the MAPS.ME Services. BENSTAR does not warrant or guarantee (1) that any program or information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; (2) that the information available on or through the MAPS.ME Services will not contain adult-oriented material, or material which some individuals may deem objectionable; (3) that the MAPS.ME Services and the functions or services performed by BENSTAR will be uninterrupted or error-free; or (4) that defects in the MAPS.ME Services will be corrected. You are solely responsible to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage your information or system.
Security and Privacy Limitations

Please note that the MAPS.ME Services, as with most Internet applications, are vulnerable to various security issues and hence should be considered unsecured. By using the MAPS.ME Services and the Internet in general, you may be subject to various risks, including among others:

Exposure to objectionable material and/or parties, including without limitation, contaminated files.
Unauthorized invasion of your privacy during, or as a result of, your use or another's use of the system.
Spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, 'imposturing', electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer (or any other device) and other forms of activity that may even be considered unlawful.
Unauthorized exposure of information and material you listed or sent, on or through the BENSTAR system to other users, the general public or any other specific entities for which the information and material was not intended by you.
That information, data or messages may not reach their destination or may reach an erroneous address or recipient and may viewed by such recipients.
Downloading viruses or other files from other users that may cause damage to your device.
Others may be able to view your IP address or location.

You acknowledge that you are aware of the risks and limitations of the MAPS.ME Services and that while BENSTAR may provide you with certain security and privacy features that such features are provided to you as a convenience only and may not operate according to their description or may not operate at all. If you do not wish to be subjected to these risks, you are advised not to use the MAPS.ME Services. Furthermore, please do not use the MAPS.ME Services for 'Mission Critical' or 'Content Sensitive' applications and purposes. For the purpose of this section 'Mission Critical' applications and purposes shall mean applications and use that may result in damage; 'Content Sensitive' shall mean any information or data you do not wish to be freely accessible and generally available to Internet users.

Charging Policies: Unless expressly stated to you by BENSTAR, the MAPS.ME Services are provided to you free of charge. However BENSTAR may charge fees for some advanced features in the MAPS.ME Services. If any payments were made for any materials, equipment, products or services that bundle or offer any part of the MAPS.ME Services, or for accessing the MAPS.ME Services through any platform or network (including any telephone or communication charges), you acknowledge, that such payments were made for the equipment, products, services or access offered, and not for the actual MAPS.ME Services.

While BENSTAR does not currently charge for use of MAPS.ME Services on mobile devices, please note that when using MAPS.ME Services on mobile devices you may be charged by your cellular operator for data or access to the Internet. Therefore, please check with your cellular provider of any charges that will apply when using the MAPS.ME Services through your mobile device.

There may be extra charges to use or access certain premium or subscription content, products or services ('Premium Services') on or through the MAPS.ME Services. The Premium Services may be subject to additional terms and conditions, which will supplement this Agreement. You will need to agree to such additional terms and conditions in order to access any Premium Services.
Communications from BENSTAR

BENSTAR may send (i) notices about your use of the MAPS.ME Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information, to your MAPS.ME account or to a mobile phone number provided by you on or through any of the MAPS.ME Services.
Termination

BENSTAR may at any time terminate your access to the MAPS.ME Services, cancel, change, introduce different options and features to different users or refrain from publishing any other details of the users on the various MAPS.ME directories and listings for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of this Agreement or the MAPS.ME Terms of Service. BENSTAR has no obligation to provide you a warning prior to termination of your use of the MAPS.ME Services.
Support

You understand that your use of the MAPS.ME Services is at your own risk and that BENSTAR is not obliged to provide you with any assistance. BENSTAR is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Software or any MAPS.ME Service.

Changes to Agreement

BENSTAR may change, from time to time, the terms of this Agreement with or without prior notice to you, and it’s your responsibility to review this Agreement for any changes. By continuing to use the MAPS.ME Services, you signify your consent to the new or revised Agreement. If you do not agree to the revised Agreement you shall discontinue the use of the MAPS.ME Services. Subject to the foregoing, you further agree to be bound by the provisions of the Agreement available on the http://legal.my.com/us/maps/tou , if such license is marked with a more recent date than that on the license agreement that accompanies your Software.

Please read the full text at http://legal.my.com/us/maps/tou/