Maps Connect Terms of Use
APPLE INC.
MAPS CONNECT TERMS OF USE
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND APPLE INC. (“APPLE”) STATING THE TERMS THAT GOVERN YOUR USE OF THE APPLE MAPS CONNECT SITE (“MAPS CONNECT”). PLEASE READ THESE TERMS OF USE (“AGREEMENT”) BEFORE PRESSING THE “AGREE” BUTTON AND CHECKING THE BOX AT THE BOTTOM OF THIS PAGE. BY PRESSING “AGREE,” YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PRESS “DISAGREE” AND DO NOT USE THE MAPS CONNECT SITE.
MAPS CONNECT TERMS OF USE
1. Relationship With Apple; Apple ID and Password. You must be of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries) and have the right and authority to enter into this Agreement on your own behalf. If you are entering into this Agreement on behalf of your company, organization, or government agency, you must have the right and authority to legally bind such entity or organization to the terms and obligations of this Agreement. An Apple ID is required to access Maps Connect and to set up your account. You are responsible for maintaining the confidentiality of your Apple ID and password and for any activity in connection with your Maps Connect account.
2. Use of the Maps Connect Site; Changes and Availability. As a Maps Connect user, Apple may offer you access to certain services or information in relation to content associated with your business or venue (“Services”). Such Services are only for use in connection with those businesses or entities that are associated with your Maps Connect account. You are solely responsible for all costs, expenses, taxes, and activities undertaken by you in connection with your use of the Maps Connect site and Services and any related efforts. Apple may change, suspend, limit, or discontinue your use of the Services at any time without notice or liability. The Maps Connect site may enable access to the Apple Maps service and other Apple or third party services and content. Use of such services may require an Apple ID and be subject to additional terms and conditions. The Services are not available in all languages or in all countries and Apple makes no representation that the Services are appropriate or available for use in any particular location. To the extent you choose to access the Maps Connect site and use the Services, you do so at your own initiative and agree to use the site and Services only as permitted by this Agreement and any applicable law or regulation (including any local laws), as well as any additional policies or guidelines Apple may make available on the site.
3. Content You Submit to the Site. Your Maps Connect account allows you to submit maps and data related to your business or venue (“Content”). Unless you have entered into a separate written agreement with Apple, when you provide Content to Apple through the Services, you agree the Content may be used within products and services provided by Apple, its affiliates, partners, licensees and third party developers; in addition, you agree that Apple may share the Content and information provided through the Services with third parties working with Apple and may use your Content to market and promote the Services and/or Apple products and services that use the Content. You retain ownership in any intellectual property rights that you hold in the Content, and agree this Agreement grants Apple a royalty-free, unrestricted, worldwide, irrevocable, and non-exclusive license to use the Content. In no event is Apple under any obligation to use or distribute Content it receives pursuant to this Agreement.
You also agree and warrant that:
(a) you are the owner of the business or venue for which you are providing Content and/or have the legal authority and right to provide the Content to Apple; and
(b) all information and Content you provide to Apple will, to the best of your knowledge and belief, be current, true, accurate and complete and you will promptly notify Apple of any changes or updates.
4. Floor Plans. If the Content you provide includes any indoor floor plans (including CAD files, jpg’s, PDFs, etc.) of your business or venue, Apple may use the floor plans to conduct site surveys and provide maps and location-based services for your venue within Apple products and services. Following an evaluation of any floor plans that you submit through the Services, Apple may contact you to discuss the possibility of a site survey to identify the existing condition of public areas and radio frequency signals within your venue. Apple may also share the floor plans with third parties to conduct any such site surveys or otherwise assist Apple in mapping your venue. If you and Apple have entered into a separate written agreement governing the use of your floor plans or performance of surveys, then the terms of that written agreement will govern in the event of a conflict with this Section 4.
5. Apple Materials. As part of the Services, Apple may from time to time supply you with certain Apple proprietary software, tools, data, and other materials to assist with Apple’s use and processing of your Content (“Materials”). You agree that any Materials that Apple provides to you as part of the Services are licensed to you hereunder and shall be used by you only in accordance with the terms and conditions of this Agreement and any separate license agreement that may accompany the Materials.
6. Restrictions. You agree not to exploit the Maps Connect site or any Services provided to you as a registered Maps Connect user in any unauthorized way, including but not limited to, by trespass, burdening network capacity, using the site or Service to transmit any computer viruses or other malware, or otherwise interfering with other users’ enjoyment of the site or Services. You agree not to upload or provide floor plans on non-public buildings (such as private residences or secured buildings), floor plans of national defense or government security areas, images of people, illegal or inappropriate content or information, or content or information that is protected by intellectual property rights (such as copyright, trademark, etc.), unless you have the right to do so. Apple retains ownership of all of its right, title and interest in the Maps Connect site, Services and Materials and except for those use rights expressly granted in this Agreement, no other rights or licenses are granted or to be implied under any Apple intellectual property. Unless expressly permitted herein or otherwise permitted in a separate agreement with Apple, you may not reproduce, modify, perform, publish, translate, create derivative works of, rent, lease, loan, sublicense, transfer, sell, or redistribute access to or use of the Materials, site or Services, or any portion thereof, in any manner. You may not decompile, decrypt, reverse engineer, disassemble, or attempt to derive the source code of any software or security components of the Materials, Services or site (except as and only to the extent this restriction is prohibited by applicable law or by licensing terms governing the use of any FOSS components that may be included with the site or Services). Use of the Materials, site or Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, or to otherwise engage in any illegal activities, is expressly prohibited, and you agree that Apple is not in any way responsible for any such use by you. Apple reserves the right to terminate access or remove any content in violation of these restrictions.
To report a problem or concern with the Site or its Content send an email to mapsconnect@apple.com.
7. No Warranty. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT YOUR USE OF THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 7 AND 8) EXPRESSLY DISCLAIM ALL WARRANTIES CONDITIONS, REPRESENTATIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, APPLE MAKES NO WARRANTY THAT (I) THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SITE AND SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED. IN ADDITION, APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE OR SERVICES. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SITE OR SERVICES IS TO STOP USING THE SITE OR SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INDIRECT DAMAGES OR FOR LOST PROFITS OR ANTICIPATED PROFITS, LOST INCOME OR REVENUE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, COST OF SUBSTITUTE GOODS, OR BUSINESS INTERRUPTION, WHETHER OR NOT APPLE WAS AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES. In no event shall Apple’s total liability to you under this Agreement for all damages (other than as may be required by applicable law in cases involving personal injury) whether arising in contract, tort (including negligence) or otherwise, exceed the amount of fifty dollars ($50.00).
9. Indemnity. Upon Apple’s request, you agree to indemnify and hold harmless Apple, its affiliates, officers, employees and agents from any demands, losses, liability, damages, claims, suits, costs or expenses (including attorneys’ fees and taxes) arising out of or related to your violation of the terms of this Agreement, or your use of the Maps Connect site or Services.
10. Communications. Apple may contact and/or send communications to you from time to time in conjunction with your use of the Services. Such communications may be in the form of phone calls and/or emails and may include, but not be limited to, service announcements, account verification services, marketing materials, and updates or changes regarding your Maps Connect account or the Services. You agree that Apple may share your Maps Connect account information (such as phone number and mailing address you provided in your Maps Connect sign up) with third parties working with Apple in connection with the Services (e.g., business verification services).
11. Amendment. Apple reserves the right, at its discretion, to modify this Agreement at any time, including any rules and policies that govern your use of the Services. Any such new or modified terms will not apply to any Content submitted to the Service prior to any such modification of terms. In the event that Apple modifies this Agreement, in order to continue using the Services or the site, you will be required to accept and agree to such new terms. If you do not agree to the new terms, your use of the Services and/or site may be suspended or terminated by Apple. You agree that your acceptance of such new terms may be signified electronically, including without limitation, by your checking a box or clicking on an “Agree” or similar button.
12. Termination. You may choose to terminate your account and/or cease using the Services at any time and for any reason. Apple may terminate or suspend your account at any time in Apple’s sole discretion. Upon any termination of your account, all rights and licenses granted to you by Apple will cease, including your right to access and use the Maps Connect site and Services. For the sake of clarity, the licenses granted in the Content pursuant to Section 3 above, will survive any termination of this Agreement, and Apple, its affiliates, partners, licensees and third party developers, will have the right to continue to use any Content that has been received from you prior to the date of such termination under the terms set forth in this Agreement.
13. Proprietary Rights. You acknowledge and agree that the Maps Connect site and Services contain proprietary content, information and material that is owned or licensed by Apple and/or its licensors and suppliers, and is protected by applicable intellectual property and other laws, including, but not limited to, copyright, patent, trademark, and trade secret, and that you will not use such proprietary content, information or materials in any way whatsoever that is inconsistent with this Agreement or that infringes any intellectual property rights of Apple or any third party. No portion of the Maps Connect site or Services, including any content therein, may be reproduced in whole or in part without Apple’s permission, and you may be held liable for any such unauthorized copying or disclosure. Apple, the Apple logo and other Apple trademarks, service marks, graphics and logos used in connection with the Maps Connect site and Services are trademarks or registered trademarks of Apple Inc. in the US and/or other countries. Other trademarks or logos used in connection with the Maps Connect site or Services may be the trademarks of their respective owners. You are not granted any right or license in any of the foregoing trademarks, and further agree that you shall not remove, obscure or alter any proprietary notices (including trademark and copyright notices) that may be contained within the Maps Connect site or the Services.
14. Privacy. At all times any personal information collected hereunder will be treated in accordance with Apple’s Privacy Policy which can be viewed at: http://www.apple.com/legal/privacy/.
15. Export Control. Use of the Services and Materials may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Materials may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services or Materials, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Services or Materials for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
16. Governing Law; Dispute Resolution. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of California, except that body of California law concerning conflicts of law. ANY LITIGATION OR OTHER DISPUTE RESOLUTION BETWEEN YOU AND APPLE ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF MAPS CONNECT OR THE SERVICES, WILL TAKE PLACE IN THE NORTHERN DISTRICT OF CALIFORNIA, AND YOU AND APPLE HEREBY CONSENT TO THE PERSONAL JURISDICTION OF AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS WITHIN THAT DISTRICT WITH RESPECT TO ANY SUCH LITIGATION OR DISPUTE RESOLUTION.
17. Government End Users. Certain components of the Maps Connect site or Services may be considered “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
18. Miscellaneous. You understand and agree that by becoming a Maps Connect user, no legal partnership or agency relationship is created between you and Apple. Neither you nor Apple is a partner, an agent or has any authority to bind the other, and you agree not to represent otherwise. If for any reason a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, the remainder of this Agreement shall continue in full force and effect. Failure by Apple to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision. Any notices relating to this Agreement shall be in writing. Notices will be deemed given by Apple when sent to you at the email address or mailing address you provided as part of your Maps Connect sign-up process. All notices to Apple relating to this Agreement will be deemed given (a) when delivered personally, (b) three business days after having been sent by commercial overnight carrier with written proof of delivery, and (c) five business days after having been sent by first class or certified mail, postage prepaid, to this Apple address: Apple Inc., 1 Infinite Loop, Cupertino, CA, U.S.A, Attention: Legal/LF. You consent to receive notices by email and agree that any such notices that Apple sends you electronically will satisfy any legal communication requirements. This Agreement constitutes the entire agreement between the parties with respect to the use of the Maps Connect site and Services, and supersedes all prior understandings and agreements regarding its subject matter. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. If you are located in the province of Quebec, Canada, then the following clause applies to you: The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
Rev. 2/17/2017