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MapVivo Terms of Use Agreement and Privacy Policy

We want you to enjoy MapVivo, and we are looking forwards to having a great relationship with you as a user! As such we have set out our Terms of Use to ensure the following:

  • Whilst we reserve the right to use content submitted by you to help promote and attract users to our site (that’s our business after all), we do not take ownership of your content – it’s your stuff and you are free to use it wherever else you may like
  • At the same time, please make sure that anything you submit on MapVivo is decent, legal and that you have permission to submit it to us if it’s not yours
  • The Internet unfortunately reflects the real world – where bad things happen, and we can’t be held responsible for problems caused through the use or misuse of our site – but we’ll always do our best to avoid such things and act promptly on issues brought to our attention
  • We protect your privacy – we take this seriously (see our Privacy Policy)

But please make sure you read the small print – it’s there to make sure we can stay friends.

MapVivo Terms & Conditions of Use Agreement, applicable as of 1st April 2009

  1. 1. Terms of use
    1. 1.1. Mapness Ltd ("Mapness", “MapVivo” or "we") makes available this Web site to you (“You”, “the User”), including without limitation, the information, materials, services and products contained herein (the "Web site"), subject to the following terms and conditions (the "Terms of Use"). By using the Web site, you agree to be bound by and comply with the Terms of Use. If you do not agree with any part of the Terms of Use, you must not use the Web site.
    2. 1.2. The Terms of Use are applicable as of 1st April 2009.
  2. 2. Changes
    1. 2.1. We reserve the right to change the Terms of Use from time to time at our sole discretion. Should the Terms of Use change, You will be notified via the email address with which you have registered for the Service. If you do not agree with any change to the Terms of Use, you must immediately cease use of the Web site and, if you are a registered user of the Web site (hereinafter referred to as a "User"), notify MapVivo that you are terminating your registered usership. The unrevised Terms of Use shall continue to apply to all past use of the Web site by you, even if you are no longer using the Web site.
  3. 3. User Account, Password and Security
    1. 3.1. As part of the registration process, you are required to designate a user ID and password. You are responsible for keeping your user ID and password confidential. You are also responsible for all activity occurring through use of your account and/or password. You agree to immediately notify MapVivo of any actual or suspected unauthorized use of your user ID and password. MapVivo will not be responsible for any loss to you arising from your failure to comply with the above. You understand that you are responsible for all uses of the Web site by you and those using your login information.
  4. 4. User Conduct
    1. 4.1. Without limitation, MapVivo reserves the right to terminate your access to and use of the Web site if, in MapVivo's view it needs to do so to retain the integrity of the Web site. Considerations which may have an impact are your failure to meet any of the following rules:
    2. 4.2. You must be over the age of 18 or be authorised by your parents or guardian to use the website;
    3. 4.3. You shall not use a the Web site for uploading, posting, emailing, messaging or otherwise making available material that is unlawful, infringes on another's intellectual property rights, is harmful to minors in any way, contains pornographic material, contains inappropriate images of minors, promotes or provides information about illegal activities, or promotes physical harm or injury against any group or individual;
    4. 4.4. You shall not attempt to interfere with any other person's use of the Web site;
    5. 4.5. You shall not misrepresent your identity or impersonate any person;
    6. 4.6. You shall not disclose or transfer your password or user name to another person or entity;
    7. 4.7. You shall not hold yourself out as sponsored by, endorsed by, or affiliated with MapVivo unless given specific written permission;
    8. 4.8. You shall not use any portion of the Web site for uploading, posting, emailing or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation;
    9. 4.9. You shall not use any portion of the Web site for uploading, posting, emailing or otherwise making available messages that are harmful, threatening, abusive, vulgar, obscene, defamatory, libellous, hateful, or racially, ethnically or otherwise objectionable;
    10. 4.10. You shall not use the Web site for conducting raffles or contests;
    11. 4.11. You shall not post content that includes hyperlinks to content not allowed to be posted to this Web site;
    12. 4.12. You shall not attempt to gain unauthorized access to MapVivo's database(s) or other computer systems;
    13. 4.13. You shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by MapVivo in connection with the Web site;
    14. 4.14. You shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Web site; and
    15. 4.15. You shall not use any portion of the Web site for any unlawful purpose.;
    16. 4.16. All judgments concerning the applicability of these rules shall be at the sole discretion of MapVivo.
  5. 5. Submission of Journeys and Other User Content.
    1. 5.1. Registered users have the opportunity to submit information and material regarding their travel experiences. By submitting information relating to travel experiences, including recommendations, opinions, images, videos and photographs to the Web site ("User Content"), you warrant that: (a) you are the owner of such Content, or have been granted all the rights necessary from the owner (and subject matter, if applicable) to submit such Content to the Web site and for the use by MapVivo as stated herein, and (b) the use of such User Content by MapVivo will not infringe the intellectual property rights of or otherwise violate the rights of any third party.
    2. 5.2. MapVivo does not claim ownership rights to any of the User Content. By submitting User Content to the Web site, in the case that you elect to designate User Content as public (“Public Content”) by using the Web site’s “Publish button”, to grant to MapVivo a nonexclusive, royalty-free, perpetual, irrevocable, license to use, modify, adapt or sublicense your Public Content for our own marketing and commercial purposes.
    3. 5.3. Content not designated as Public Content will be made available only to those parties notified of the Content by the User via communication of a specific URL (or “link”) using the Web sites’ “Share” functionality. Once disclosed to other parties, MapVivo cannot be held responsible for the misuse of further communication of the URL by others.
    4. 5.4. MapVivo may, without prior notice, place any Public Content on the front-page of the Web site, or on other MapVivo web-pages, or on Affiliate or Partner Websites.
    5. 5.5. MapVivo does not pre-screen or review User Content before it is posted to the Web site. You agree that MapVivo will have the right (but under no circumstances will MapVivo have any obligation) to screen, edit, refuse to post or remove any User Content, in whole or in part, from any portion of the Web site, in its sole discretion, including, but not limited to, User Content that violates the Terms of Use or is otherwise objectionable.
    6. 5.6. MapVivo reserves the right to disclose any User Content as necessary to satisfy any applicable law, regulation, legal process or governmental request. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary or other right or any other harm resulting from your use of the Web site and your submission of User Content.
  6. 6. Submission of User Profile Information
    1. 6.1. By registering as a MapVivo User, the User is required to provide a valid email address, and may optionally provide additional personal information. MapVivo recommends that You submit such personal information with care.
    2. 6.2. You agree that such personal information may be transmitted outside of the borders of the European Union, or other Safe Haven via the public Internet and made publically available to other users of the Website.
  7. 7. Proprietary Rights
    1. 7.1. The Web site is owned and operated by MapVivo and the arrangement and compilation of the content found on the Web site is the copyrighted property of MapVivo. The content on the Web site is owned by MapVivo and/or its subsidiaries, affiliates, and licensors (including Registered Users).
    2. 7.2. No copyrighted material or other content may be reproduced, modified, used to create derivative works from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution via a third party Web site or other networked computer environment) without the express prior written consent of MapVivo and/or its licensors.
  8. 8. Copyright infringement
    1. 8.1. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MapVivo with the following written information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed upon; (3) a description of where the material that you claim is infringing is located on the Web site; (4) your address, telephone number, and e-mail address; (5) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notice of claims of copyright infringement should be sent to:

      2. MapVivo

      Mapness Ltd
      83 Wimpole Street
      W1G 9RQ
      London
      United Kingdom
      Email: service@mapvivo.com

  9. 9. Third Party Advertisements, Links and Services.
    1. 9.1. The Web site may contain hyperlinks to third party web sites and/or advertisements generated by third parties. The presence of these hyperlinks and advertisements does not constitute endorsement by MapVivo of the products, services, opinions, or views expressed by these third parties and MapVivo does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites.
    2. 9.2. Furthermore, MapVivo is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, MapVivo will not be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, MapVivo will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the use, exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites or any of the products or services offered by such third parties.
  10. 10. Termination of Service
    1. 10.1 MapVivo may discontinue the Web site and/or any of the Services at anytime in its sole discretion, with or without notice. Additionally, MapVivo may suspend or terminate your access to our website or your status as a user or any use by you of our website without prior notice and in our sole discretion without giving any reason, if MapVivo reasonably believes that: (i) your conduct has violated any provision of the Terms of Use; or (ii) you have violated or misappropriated any of MapVivo's or any third party's rights. Such right of termination shall in addition to, and not be lieu of, any other right to relief or remedy to which MapVivo, its affiliates or its third party providers, partners or distributors may be entitled at law or in equity.
  11. 11. Disclaimers
    1. 11.1. To the fullest extent permissible pursuant to applicable law, the web site and the information, software, products and services associated with it are provided "as is." MapVivo disclaims any warranty, representation and condition of any kind, whether express or implied, as to any matter whatsoever relating to the web site and any information, software, products and services provided herein, including without limitation the implied warranties and conditions of merchantability, merchantable quality, satisfactory quality, fitness for a particular purpose, title, and noninfringement, whether arising by law, statute, use of trade or course of dealing. Use of this website and the services offered herein is at your own risk.
  12. 12. Limitation of Liability.
    1. 12.1. Without prejudice to the generality of paragraph 10.1 above you agree that our liability to you is limited to £100. However, nothing in these Terms shall limit or exclude our liability for personal injury or death caused by our negligence.
  13. 13. Indemnification.
    1. 13.1. You agree to indemnify, defend and hold harmless MapVivo, its officers, directors, shareholders, affiliates, employees, consultants, agents, licensors, content providers and suppliers from any and all claims, liability, damages, losses, expenses and/or costs (including but not limited to reasonable legal fees) arising from your failure to comply with the Terms of Use, your negligent or wrongful conduct, your infringement or violation of any intellectual property or other right of a third party, from content provided by you or from your violation of any applicable law.
  14. 14. Governing Law
    1. 14.1. The laws of England & Wales shall govern this Agreement and you and MapVivo agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.
    2. 14.2. By accessing at this website, you agree that all matters relating to your access to, or use of, the website shall be governed by the laws of England and Wales without regard to conflicts of law principles. MapVivo makes no representation that materials on its website are appropriate or available for use in other jurisdictions. If you choose to access our website from other jurisdictions you do so entirely at your own risk. It is your sole responsibility to obtain any licenses which may be required.
    3. 14.3. If there is a dispute between users on the Web site, or any third party, MapVivo is under no obligation to become involved. In the event that a User has a dispute with one or more Registered users or a user of the Web site, such User hereby releases MapVivo, its officers, employees, agents, successors and assigns from claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
  15. 15. Entire Agreement
    1. 15.1. The Terms of Use constitutes the entire agreement between you and MapVivo regarding your use of the Web site, including the Services, and supersedes any prior agreements between you and MapVivo with respect to the subject matter contained herein. You may also be subject to additional terms and conditions that may apply when you use third party services, content or software made available on, or linked to, the Web site. The failure of MapVivo to exercise or enforce any right or provision of the Terms of use shall not constitute a waiver of such right or provision.

MapVivo Privacy Statement

We want you to enjoy MapVivo, and we take your privacy very seriously which is why we’ve put together this privacy statement. In short, we’d like you to know that:

  • The nature of the internet and its workings mean that various information is passed between your computer and our website in the form of IP addresses, cookies, and the personal information such as names and email address that you give us if you register with MapVivo
  • We use this information for administrative and communications purposes with the primary objective of providing you with the best possible MapVivo experience
  • We’ll never give away your personal information to anybody without your express prior permission, except as may be required by law
  • We try to keep the collection of personal information to an absolute minimum, and only collect such information in the interest of enhancing your MapVivo experience

But please make sure you read the small print:

This privacy policy ("Privacy Policy") applies to collection and use of personal information by means of this Web site (the "Web site" or “MapVivo”). The use of the Web site is also governed by the Terms of Use, of which this Privacy Policy forms a part.

BY USING THE WEB SITE, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY.

Use Of Personal Information

Mapness Limited owns and operates the Web site and is committed to protecting the privacy of its users. MapVivo does not collect personal information about individual users except when such personal information is provided to MapVivo on a voluntary basis and when monitoring traffic to the Web site. MapVivo uses your personal information to help it create and deliver content most relevant to you and to provide you with information about MapVivo and its products and services.

If you choose to provide information via the Web site though site registration, surveys, forms or any other means, that information becomes the property of MapVivo (the foregoing does not apply to User Content, as defined in the Terms of Use). Subject to the Terms of Use, personal information about users will not be sold or otherwise transferred or disclosed to unaffiliated third parties without the user's approval except MapVivo reserves the right to disclose personal information: (a) to its affiliates and subsidiaries, (b) to third party service providers of MapVivo provided that such disclosure will be limited to information needed to deliver their service, and further provided that such third parties shall be prohibited from using the information for any other purpose; (c) to conform to the edicts of the law or comply with legal process served on MapVivo; (d) to protect and defend the rights or property of MapVivo; and, (e) to act in urgent circumstances to protect the personal safety of users of MapVivo, its Web sites, or the public. In addition, MapVivo shall be entitled to disclose and transfer personal information as part of a sale of substantially all of its assets to a third party provided that such third party agrees to protect the personal information with no less a degree of care as set out within this policy.

Some services on this Web site allow individuals to publish and publicly display personal information, including personal profile information, publishing personal information in travel journals posted to the Web site, and in comments and discussion forums provided within the Web site. Participation in such services is always optional. If you choose to disclose personal information when participating in such services, you do so at your own risk. MapVivo shall have no liability to you whatsoever regarding the use of such personal information by persons other than MapVivo.

Please note that once you post information and comments on the Web site, it becomes part of the public conversation. Our policy is that we will not remove a user’s information or comments unless we deem them to be in violation of our Terms of Use or if we consider that the integrity of the Web site is otherwise at risk. So if you want to say something that you will later regret personally, it is advisable that you provide registration information that does not identify you. We cannot remove your information and comments simply because you have a change of heart about making them public.

MapVivo may conduct statistical analyses through the use of data collected through the Web site on an anonymous and aggregated basis in order to measure interest in and use of the Web site. MapVivo may also provide its analyses based on such anonymous and aggregated data to third parties.

Personal information collected on this Web site may be stored and processed in The United Kingdom of Great Britain and Northern Ireland or any other country in which MapVivo or its agents or service providers maintain facilities, and by using the Web site, you consent to any such transfer of personal information outside of your country.

Data Protection Act 1998

MapVivo is committed to complying with all relevant UK Data Protection Legislation, and is registered accordingly with the relevant authorities.

You should be aware that, in accordance with our Terms of Use, personal data as provided by you to the Website on a voluntary basis may be transmitted outside of the borders of the European Union, or other Safe Haven via the public Internet and made publically available to other users of the Website. It is for this reason that we advise users to act with care when submitting personal information to this Website.

E-MAIL

MapVivo will not monitor, edit, or deliberately disclose private communications unless: (i) required to do so by law; (ii) you grant us permission; or (iii) in the good faith belief that such action is necessary to: (a) comply with the law; (b) comply with any legal process that is served on MapVivo; (c) protect and defend the rights or property of MapVivo including the integrity of the Web site; (d) or act in urgent circumstances to protect the personal safety of users of MapVivo, its Web sites, or the public. However, you acknowledge that: (i) there are security and privacy limitations of the Internet which are beyond the control of MapVivo; (ii) the security, integrity and privacy of any and all information and data exchanged between you and MapVivo through the Web site cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party.

E-Mail Addresses

There are two sets of e-mail addresses that MapVivo collects and stores: (i) MapVivo User e-mail addresses, and (ii) e-mail addresses stored in MapVivo User notification lists (address books). The e-mail address of MapVivo Users is used to send Users warnings, alerts, information about their travel blog and its usage. Examples of e-mail communications which MapVivo sends to its Users include confirmation of subscribing or unsubscribing to a travel journey and sending Users their password, if forgotten. Most features which involve a MapVivo's e-mail address can be disabled or opted out of. MapVivo Users e-mail addresses are considered personal information pertaining to the applicable User and will treated in the same manner as other personal information as described above (see "Use of Personal Information").

E-mail addresses stored in MapVivo Users' notification lists are used to e-mail notifications of updates to the applicable MapVivo User's travel journey. These e-mail addresses are not used for any other purpose.

Information from Your Computer

Our site recognizes information about your computer, such as the browser, operating system, IP address, and the home server from which you access the Internet. We keep track of the domains from which people visit our site. Your IP address is used to help identify you, gather broad demographic data, identify trends and statistics, help diagnose problems with our server, and administer our web site. We may use your IP address information when compiling and reporting aggregate information about our Web site and to provide geo-location services.

Cookies

Cookies are small data files containing information to specify unique preferences and to provide personalized content. Cookies collect information such as your browser type, time and length of your visit and any personal information you agree to provide.

When you visit our Web site, we assign a unique visitor ID to a cookie file stored on your computer. This code is generated at random to enable us to "remember" you the next time you visit. This technique enables us to better serve you by providing content that is tailored to your specific interests and needs. Cookie information is neither connected to external data sources nor passed on to any outside party that is not connected with this Web site.

In addition, third party service providers and advertisers may use cookies to recognize your computer each time you visit certain pages and to compile anonymous information in relation to those page views.

Most browsers are initially set up to accept cookies but visitors always have the option of disabling cookies and you can reset your browser to refuse all cookies or indicate when a cookie is being sent. However, if you refuse cookies, you may be limited in your ability to access and/or use some areas of the Web site.

Third Party Web Sites

As this site contains links to other Web sites, we cannot be held responsible for the privacy practices or the content of these other sites. You should check the privacy policies of these other Web sites when providing personally identifiable information. Similarly, the Web site may contain co-branded Web pages which feature services provided by our third party service providers. For example, you may see a Web page which features a "Power by _____" or similar designation. When providing personal information on a co-branded Web page you should carefully read the privacy policies provided by or in association with such co-branded Web pages.

We may use third party advertising companies to place ads on our Web site. These companies may use information (not including your name, address or email address) about your visits to this and other Web sites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you. We DO NOT share any information (such as your name, e-mail address, etc.), which may be used to personally identify you with these companies.

Security of Information

The security of your personal information is important to MapVivo. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. For example, we store personal information you provide on computer servers with limited access that are located in controlled facilities. Additionally, when we transmit sensitive personal information over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Always the Ability to Opt-Out

At any time, you may choose to opt out of further e-mail communication with MapVivo by requesting so via our contact form.

All requests for removal will be handled expeditiously and without question.

Amendments To This Privacy Policy

MapVivo reserves the right to change this Privacy Policy at any time by notifying you of the existence of a new Privacy Policy. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Web site, or by any other means by which you obtain notice thereof. Your continued use of the Web site after such modifications will constitute your: (a) acknowledgement of the modified Privacy Policy; and (b) agreement to abide and be bound by the modified Privacy Policy. This Privacy Policy was last updated on 6th March 2009.

Contacting Us

If you have any questions about this Privacy Policy or the privacy practices of MapVivo in respect of this Web site, please direct your inquiry to us via our contact form, or to service [at] mapvivo [dot] com.

Contents

MapVivo

A brand of

Mapness Ltd
8 Highview Court
57a Augustus Road
SW19 6LU
London
United Kingdom  
Company registration number: 6794762  

Email: service [at] mapvivo [dot] com