Ultimo aggiornamento: 23 Maggio 2016
1. Description of the Map Maker Tool Service.
mapmakertool.com (the "Site") offers a mobile ready, web-based, cross-api, map-authoring platform. The Site is owned and operated by genialab di Giorgio Marchetto ("genialab") with technical support of GIS Solution di Andrea Caporin. The Site enables users to quickly find, create, edit, annotate, embed and use maps in various “map modes”, e.g. maps, geogames, itineraries, etc. The Map Maker Tool Service includes the Site, tools, syndicated applications, and application programming interfaces (or APIs) that provide a set of methods for accessing and updating annotated geographical data (the "Service").
2. Terms of Use.
YOUR CONTINUED USE OF OR ACCESS TO THE SITE AND/OR SERVICES SHALL BE DEEMED ACCEPTANCE OF THE TERMS OF USE.
Acceptance of Terms.
The following terms and conditions govern all use of the
https://www.mapmakertool.com website. The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the "Terms of Use") and all other operating rules, policies and procedures that may be published from time to time on the Site by genialab.
While maps and geogames may be interesting for people under 13, the Service is intended for and offered to individuals 13 years or older, or to individuals of all ages,who possess legal parental or guardian consent.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE OF THE SITE.
In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), genialab will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age. Please see our Privacy Policy for additional information and information on how to notify us of any concerns in this regard.
genialab may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.
Modification of Terms of Use.
genialab reserves the right, at its sole discretion, to modify or replace any of the Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
3. Acceptance of this Agreement and Incorporation of Related Policies.
Portions of the Service are publicly available to all visitors to the Site. Other portions of the Service are available only to registered members ("Members"). Regardless of whether you are a visitor or a registered Member, this Agreement applies to you and covers your use of the Service, including without limitation participating in online forums, bulletin boards, wikis, and chats through mapmakertool.com. This Agreement also references other important policies of Map Maker Tool that are linked directly to it. These other policies consist of Map Maker Tool's Privacy Policy (available at
http://www.Map Maker Tool.com/en/privacy-policy/) and are, by this reference, expressly incorporated into this Agreement. By registering as a Member with the Service, or by using the Service in any manner, you acknowledge and agree to all of the terms stated in this Agreement.
4. Your Identity and Authority.
You agree to provide current, accurate information in all electronic or hardcopy registration forms submitted in connection with the Service. You agree not to impersonate or in any way misrepresent your affiliation or authority to act on behalf of any person, company, or other entity. By subscribing to the Service or accepting these Terms, you certify that you are authorized to enter transactions on the Map Maker Tool Site and act on behalf of your employer, client, business, organization or any other legal entity with which you have contractual work obligations. You agree to cooperate with Map Maker Tool in reasonable measures to verify the identity and authority of persons using the Service.
5. Security.
You agree not to provide access to the Service by; (a) allowing others to use your account; (b) creating an account for someone who is not authorized to perform the role or view the information for which you have granted access; or (c) failing to revoke access for those persons who are no longer authorized to access the Service for any reason. You will immediately notify Map Maker Tool of any unauthorized access from your account or the accounts of others for which you have administrative authority, including the use of accounts, passwords, or any other breach of security. You will not solicit another party's password for any reason. You will not access someone else's account, nor disrupt, interfere, or limit the functioning of the Service, or other's enjoyment of the Service.
6. User and Content Submissions.
(a) Fair Use and the Public Domain. The Map Maker Tool team believes in creating an environment conducive to collaboration and information sharing through the Service. Therefore, nothing in this Agreement is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
(b) Your Copyright Ownership and License to Map Maker Tool. One of the features of Map Maker Tool is that it permits Members to populate maps with their own data, text, links, tags, feeds, graphics, photos, audio and video clips, messages, profiles, and other information content ("Content") through, for example, the "Create a Map" feature. When you post your own copyrightable Content on or through the Service, using these or other features of the Service, you retain ownership of any copyright you claim to your submitted Content. However, by posting your Content through the Service you simultaneously grant Map Maker Tool a royalty-free, perpetual, irrevocable, non-exclusive worldwide license to (i) use, reproduce, publish, edit, translate, modify, adapt, distribute, perform, and display the Content alone or as part of other works in any form, media, or technology whether now known or later developed, and to (ii) freely and fully sublicense such rights through single or multiple tiers of sublicensees.
(c) You also expressly acknowledge and agree that Map Maker Tool shall have the right to grant a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License ("CC BY-NC-SA License"), available at
http://creativecommons.org/licenses/by-nc-sa/2.5/legalcode, for all Content posted on or through the Service, including Content you post on or through the Service. In cases where Map Maker Tool licenses out Content through the CC BY-NC-SA License, you agree that any attribution required under the CC BY-NC-SA License shall be at minimum to the Service, in addition to any attribution to the individual user whose name or username is associated with the Content.
(d) Compilations of Content Licensed Under CC BY-NC-SA License. The compilation of the Content by the Service, all data enhancements or annotations to latitude or longitude (including without limitation comments, descriptions and tags), and all derivative works, reproductions, distributions, public performances and displays, and enhancements and modifications thereof, are the exclusive property of Map Maker Tool and protected by United States and international copyright laws. For the avoidance of doubt, any Content submitted by you is owned by you, but the compilation of any such Content is owned by Map Maker Tool. Map Maker Tool makes the compilation of this data available through a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License, available at
http://creativecommons.org/licenses/by-nc-sa/2.5/legalcode.(e) Inappropriate User-Submitted Content. Map Maker Tool prohibits certain user conduct and Content described below (see section 5) and, without obligation, will use reasonable efforts to eliminate such conduct and Content from the Service. Nevertheless, you acknowledge and agree that (i) Map Maker Tool is not and cannot be responsible for Content posted by users on the Service, (ii) you may be exposed to any such materials or Content, and (iii) you must bear all risks associated with the exposure to and/or use of any Content, including without limitation any reliance on the accuracy, completeness, or usefulness of such Content.
7. Third Party Sites.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Map Maker Tool's control, and you acknowledge that Map Maker Tool is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Map Maker Tool or any association with its operators. You further acknowledge and agree that Map Maker Tool shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
8. Visitor and Member Conduct.
As a condition of use, you agree to the following:
(a) Personal Use and Commercial Use. The Site and Service are intended for personal use and commercial use. Commercial use is defined as the intent to generate revenues. Commercial use is only allowed under the terms of a commercial license. All paid products offered by Map Maker Tool automatically include a commercial license. However, the products that Map Maker Tool provides free of charge do NOT include any commercial license. In the absence of purchasing any commercial license via the purchase of a paid Map Maker Tool product or otherwise, you agree that you will not use the Service for commercial purposes. In circumstances where a business uses the Service for the sole purpose of identifying location and business hours, such use will be considered a 'personal use' in compliance with this agreement. Businesses and commercial entities are encouraged to contact us at Questo indirizzo email è protetto dagli spambots. È necessario abilitare JavaScript per vederlo. for specific commercial use and sponsorship opportunities going beyond merely identifying location and hours.
(b) Your Username, Your Password and Your Account Access. As a condition of becoming a Member of www.mapmakertool.com, you are required to select a username and password. While Map Maker Tool will keep your username and password confidential in accordance with our Privacy Policy, you are responsible for safeguarding the confidentiality of your username, password and application keys that you use to access any secure areas of the Site or the Service. You agree not to disclose your password or key to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Map Maker Tool of any unauthorized use of your password.
One person or legal entity may not maintain more than one free account.
(c) Conduct Under Your Username. You are solely and entirely responsible for all Content that you submit, post, email, display or otherwise make available via the Service, or that you allow others to submit, post, email, display or otherwise make available under your username. You understand and agree that Map Maker Tool does not control and is not responsible for Content made available through the Service, and by using the Service you may be exposed to Content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You must bear all risks associated with the exposure to and/or use of any Content, including without limitation any reliance on the accuracy, completeness, or usefulness of such Content. Under no circumstances will Map Maker Tool be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site and/or Service. Map Maker Tool shall have the right (but not the obligation) in its sole discretion to modify, refuse, delete or move any Content that is available via the Service.
(d) Prohibited Conduct. You agree to all of the following while using the Service: You must not post, email or otherwise make publicly available Content that (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful in any way; (ii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iii) impersonates any person or entity, including, but not limited to, a Map Maker Tool employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (iv) includes personal or identifying information about another person without that person's explicit consent; (v) is false, deceptive, misleading, deceitful, misrepresentative, or constitutes "bait and switch"; (vi) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (vii) violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; or (viii) is pornographic or depicts a human being engaged in acted sexual conduct.
- You must not post, link, or promote pornographic content including words, pictures, photos, sounds, video or text.
- You must not send unsolicited email, junk mail, "spam", chain letters, or promotions or advertisements for products or services including, but not limited to, Content that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement or that constitutes or contains any form of advertising or solicitation if (i) posted in areas of the Site which are not designated for such purposes; (ii) emailed to Map Maker Tool users who have requested not to be contacted about other services, products or commercial interests, that includes links to commercial services or web sites, except as allowed in the Service; or (iii) that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law.
- You must not access, tamper with, or use non-public areas of the Site, Map Maker Tool computer systems, or the technical delivery systems of Map Maker Tool's providers.
- You must not attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures.
- You must not forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content and/or Service to send altered, deceptive or false source-identifying information.
- You must not attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content and/or Service.
- You must not interfere with, or attempt to interfere with, interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment or the access of any user, host or network, including, without limitation, sending a virus or worms, overloading, flooding, spamming, or mail-bombing the Site or the Service.
- You must not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site, unless expressly permitted by Map Maker Tool.
- You must not post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Map Maker Tool's infrastructure, as determined at the sole discretion of Map Maker Tool.
- You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable Content.
9. Site Access and API Licenses.
Map Maker Tool offers various parts of the Site in GeoRSS format so that users can embed individual feeds into a personal website or blog, or view Content through third party content aggregators. Map Maker Tool permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original Content on the Site and redirects the user to the Content when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to "Map Maker Tool" as the source, (d) your use or display does not suggest that Map Maker Tool promotes or endorses any third party causes, ideas, web sites, products or services, (e) your use does not overburden Map Maker Tool's systems. Map Maker Tool reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
10. Termination.
If you violate any terms of this Agreement, your permission to use the Service will automatically terminate. Map Maker Tool also reserves the right to revoke your access to and use of the Service, delete or deactivate your account, or block your email or IP address at any time, with or without cause. You agree that Map Maker Tool shall not be liable to you or any third party for any termination of your access to the Service.
You can terminate your Map Maker Tool membership account at any time and for any reason (without refund). To delete your account, please send an email message to Questo indirizzo email è protetto dagli spambots. È necessario abilitare JavaScript per vederlo.. All provisions of this Agreement will survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. No Warranties.
YOU AGREE THAT USE OF THE SITES, CONTENT AND/OR SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SITES, CONTENT AND SERVICE ARE PROVIDED "AS-IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, Map Maker Tool EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Map Maker Tool MAKES NO WARRANTY THAT THE SITES, CONTENT AND SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Map Maker Tool MAKES NO WARRANTY REGARDING THE TIMELINESS, ACCURACY, PERFORMANCE, QUALITY, TRUTH, COMPLETENESS OR RELIABILITY OF THE SITES, CONTENT AND SERVICE. Map Maker Tool DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITES, CONTENT OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Map Maker Tool DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITES, CONTENT OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Map Maker Tool OR THROUGH THE SITE, CONTENT AND/OR SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME STATES DO NOT ALLOW THE EXCLUSIONS OF WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU HEREBY RELEASE Map Maker Tool, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO ANY DISPUTES RELATING TO THE SITES, CONTENT AND/OR SERVICE.
12. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Map Maker Tool NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, CONTENT, AND/OR SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE THE SITE, CONTENT, AND/OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Map Maker Tool HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT Map Maker Tool IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, Map Maker Tool WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITES OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF Map Maker Tool TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITES, CONTENT AND/OR SERVICE IS LIMITED TO THE GREATER OF THE AMOUNTS YOU HAVE PAID TO Map Maker Tool FOR ACCESS TO AND USE OF THE SITES, CONTENT, AND/OR SERVICE, OR $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Map Maker Tool AND YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
13. Indemnification.
You agree to defend, indemnify, and hold Map Maker Tool, its officers, directors, employees and agents harmless from and against any claims, demands, liabilities, damages, losses, and expenses made by any third party, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to, or use of, the Site, Content, and/or Service, and/or your violation of this Agreement.
14. General Provisions.
(a) Entire Agreement. This Agreement, including the Map Maker Tool Privacy Policy, and Trademark Policy, constitute the entire agreement between you and Map Maker Tool and governs your use of the Service, and supersedes and replaces any prior agreements between Map Maker Tool and you regarding the Service. There are no understandings, agreements or representations with respect to the subjects of this Agreement not specified here. Map Maker Tool shall not be bound by any additional provisions that may appear in any communication(s) from you. This Agreement may not be modified without the mutual written agreement of Map Maker Tool and you.
(b) Governing Laws. This Agreement will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts governing Vicenza, Italy.
(c) Dispute Resolution. If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.
(d) Waiver and Severability. No term or provision of this Agreement shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent. If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
(e) Future Modifications of this Agreement. From time to time, Map Maker Tool may revise this Agreement at its sole discretion. By continuing to access or use the Site, Content and/or Service, you agree to be bound by the revised Terms of Use.
(f) Future Changes in or Elimination of the Service. Map Maker Tool reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. You acknowledge and agree that in such instances Map Maker Tool shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
(g) Assignment. Map Maker Tool may assign this Agreement to any successor or purchaser of Map Maker Tool of all or substantially all of its assets. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Map Maker Tool. Any such purported assignment or delegation by you without the appropriate prior written consent of Map Maker Tool shall be null and void and of no force and effect.
(h) Headings. Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect.
(i) Trademarks. Map Maker Tool and the Map Maker Tool logo/logotype, and any combination of the foregoing, whether integrated into a larger whole or standing alone, are trademarks of genialab.
(j) Contact Information. Please send us any questions, comments, or feedback about this Agreement, or report any violations of this Agreement, by emailing us at Questo indirizzo email è protetto dagli spambots. È necessario abilitare JavaScript per vederlo..