These Terms of Service ("Terms") apply to your access and use of MapPost, mobile and desktop applications (the "App") and other online products and services (collectively, the "MapPost Service"). The MapPost Service is owned and controlled by quiply Inc. These Terms and the MapPost Privacy Policy ("Privacy") set forth the legally binding terms for your use of the MapPost Service.
MapPost is an App and Service, owned and controlled by quiply Inc, for saving information and locations of interest to you on a map, so you can easily recover it some time in the future.
You own any Content that you upload, provide, make available, or otherwise “post” on the MapPost Service. You grant quiply, Inc. rights to use such Content in connection with and in support of the MapPost Service, as set forth below. The MapPost Service contains Content provided by us and our licensors (including other Users). We and our licensors own and retain all property rights to that Content and to the MapPost Services, as set forth below. Content from other Users and third parties may be made available to you through the MapPost Service. We make no guarantees about the accuracy, quality or suitability of that Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful Content made available by other Users and by other third parties.
You are solely responsible for any and all Content that is posted through your account on the MapPost Service -
Don’t post, link or otherwise make available on or through MapPost any of the following:
Don't:
We change these Terms of Service every so often. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, provide you with additional notice (on our homepage, for example).
These terms are between you and quiply, Inc. and not with Apple, Inc. or Google, Inc. While you may be subject to certain terms and conditions with Apple, Inc. by using Apple’s App Store or other products, or with Google, Inc. by using Google’s Play Store or other products, these terms are specifically between You and quiply. Inc. Your use of the MapPost Service is governed solely by these terms and the MapPost Privacy Policy.
If you access or use MapPost, it means you agree to all the terms below and the MapPost Privacy Policy.
If you access or use the MapPost Service, it means you agree to be bound by all of the terms below and the MapPost Privacy Policy. Before you use the MapPost Service, please read all of the terms. If you don’t agree to all of the terms below, please do not use the MapPost Service. If a term does not make sense to you, please contact us at [email protected]
We reserve the right to change this Terms of Service from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Terms of Service periodically to stay informed about our practices. If you continue to use the MapPost Service after the revised Terms have been posted, then you have accepted the changes to these Terms.
Whenever we make changes to these Terms, they are effective when the revised Terms are posted. If you continue to use the MapPost Service after the revised Terms have been posted, then you have accepted the changes to these Terms.
For information about how we collect and use information about users of the MapPost Service, please refer to our Privacy Policy.
quiply, Inc. grants you a limited, nonexclusive, non-transferable and revocable license to access and use the MapPost Service. The App may only be used on mobile or desktop devices that you own or control. The terms of this license will also govern any upgrades provided by quiply, Inc. that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
If you use the MapPost Service, you agree that all information provided by you is accurate and truthful; you will maintain the accuracy of such information; and your use of the MapPost Service does not violate any applicable law or regulation, or any other obligation (including contractual obligation) you might have towards third parties. You are responsible for any and all activity that occurs on the MapPost App installed on your mobile or desktop device. You agree to notify quiply, Inc. immediately of all unauthorized use of the MapPost App installed on your mobile or desktop device. You may be held responsible for any losses incurred by quiply, Inc. or any other user of the MapPost Service that are in any way related to inaccurate or untruthful information provided to the MapPost Service by you and/or from the MapPost App installed on your device.
Unless we expressly state otherwise, your right to use the MapPost Service does not include (i) publicly performing or publicly displaying the MapPost Service; (ii) modifying or otherwise making any derivative uses of the MapPost Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the MapPost Service or any information contained therein; (v) reverse engineering or access to the MapPost Service in order to build a competitive product or service; (vi) selling, or participating in any selling, renting, leasing, loaning, assigning, distributing, licensing, sublicensing, or exploiting in any way, in whole or in part, any of the MapPost Content, the MapPost Service or any related software, except as expressly authorized herein; or (vii) using the MapPost Service other than for its intended purposes. Should you do any of this, we may terminate your use of the MapPost Service, and you may have infringed the copyright and other rights of quiply, Inc., which may subject you to prosecution and damages.
By posting any Content on the MapPost Service, you hereby grant to quiply, Inc. an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world, on or off the App. No compensation will be paid with respect to the Content that you post through the MapPost Service. You should only post Content to the MapPost Service that you are comfortable sharing with others under the terms and conditions set forth herein.
Content from other Users and third parties may be made available to you through the MapPost Service. We make no guarantees about the accuracy, quality or suitability of that Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful Content made available by other Users and by other third parties.
The MapPost Service contains information, materials and content, including, but not limited to, text, graphics, data, formatting, graphs, designs, HTML, “look and feel”, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content, provided by quiply, Inc. and our licensors (including other Users), collectively “the MapPost Content”. We and our licensors own and retain all proprietary rights in the MapPost Content, and we own and retain all property rights in the MapPost Service, or use them with permission. The MapPost Content and Service is protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Any unauthorized use of the MapPost Content or Service may violate such laws and these Terms. Except as expressly provided herein, quiply, Inc. does not grant any express or implied rights to use the MapPost Content or Service.
You own any Content that you upload, provide, make available, or otherwise “post” on the MapPost Service. You agree to follow our Community Guidelines. You may not post, link or otherwise make available on or through the MapPost Service any of the following:
Also, you agree that you will not do any of the following in connection with the MapPost Service or other Users:
When you post, link or otherwise make available any Content on the MapPost Service, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, publish, translate, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world, on or off the App. No compensation will be paid with respect to the Content that you post through the MapPost Service. You should only post Content to the MapPost Service that you are comfortable sharing with others under the terms and conditions set forth herein.
Any suggestions, comments or other feedback provided by you to us with respect to the MapPost Service will constitute our confidential information. We will be free to use, disclose, reproduce, license and otherwise distribute, and exploit this feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
THE MAPPOST SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MAPPOST SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE MAPPOST SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MAPPOST SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
QUIPLY, INC. DOES NOT ENDORSE ANY USER CONTENT SUBMITTED TO THE MAPPOST SERVICE BY ANY USER OR OTHER LICENSOR, OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND QUIPLY, INC. EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT. QUIPLY, INC. DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON THE MAPPOST SERVICE (RECOGNIZING THAT THERE ARE LEGAL EXCEPTIONS AND LIMITATIONS LIKE FAIR USE), AND QUIPLY, INC. WILL REMOVE ALL INFRINGING USER CONTENT IF PROPERLY NOTIFIED THAT SUCH USER CONTENT INFRINGES ON ANOTHER’S INTELLECTUAL PROPERTY RIGHTS.
QUIPLY, INC IS IN NO WAY RESPONSIBLE FOR THE USER-GENERATED CONTENT POSTED ON THIS APP. CONTENT POSTED ON THIS APP IS SUBJECT TO:
1ST AMENDMENT: FREEDOM/ANONYMITY OF SPEECH AS PROTECTED UNDER THE 1ST AMENDMENT.
COMMUNICATIONS DECENCY ACT: “OPERATORS OF INTERNET SERVICES ARE NOT TO BE CONSTRUED AS PUBLISHERS AND THUS NOT LEGALLY LIABLE FOR THE WORDS OF THIRD PARTIES WHO USE THEIR SERVICES”.
IN NO EVENT WILL QUIPLY, INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE MAPPOST SERVICE OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MAPPOST SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) we incur we in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the MapPost Service or the use of the MapPost Service by any person using your account violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
The software you download consists of a package of components, including certain third party software (“Third Party Software” and together with the App, the “Package”) provided under separate license terms (the “Third Party Terms”). Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in these Terms is intended to impose further restrictions on your use of the Third Party Software.
quiply, Inc. reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the MapPost Service and/or any features, information, materials or content on the MapPost Service with or without notice to you. You agree that quiply, Inc. will not be liable to you or any third party for any modification or discontinuance of the MapPost Service or any portion thereof.
By using the MapPost Service you agree that we may communicate with you electronically regarding administrative, security and other issues relating to your use of the MapPost Service. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at [email protected].
If quiply, Inc. believes that a posting you have made violates these Terms, quiply, Inc. may remove that post without prior notification. If one of your posts is removed, please feel free to contact us at [email protected] for an explanation.
quiply, Inc. may suspend and/or terminate your rights with respect to the MapPost Service for any reason or for no reason at all and with or without notice at quiply’s sole discretion. Suspension and/or termination may include restricting access to and use of the App. If your rights with respect to the MapPost Service are suspended and/or terminated, you agree to make no further use of the MapPost Service during suspension or after termination. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.
The Terms relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability and Controlling Law and Severability shall survive termination. You also agree that any breach or violation by you of any of these Terms will cause quiply, Inc. irreparable damage, for which monetary damages would be inadequate, and you consent to quiply, Inc. obtaining injunctive or equitable relief, without being required to post a bond, if quiply, Inc. seeks such relief under the circumstances. Such injunctive or equitable would be in addition to any other remedies that quiply, Inc. might have at law.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH QUIPLY, INC. AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM QUIPLY, INC.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the MapPost Service, you and quiply, Inc. agree to consult and negotiate with each other and, recognizing your mutual interests, attempt to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in Portland, Oregon. We both give up our right to litigate our disputes and may not proceed to arbitration without first attempting mediation, except that you and quiply, Inc. are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and quiply, Inc. will not commence against the other a class action, class arbitration or other representative action or proceeding.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Portland, Oregon. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding upon the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
If you are a copyright owner or an agent thereof and believe that any content available on our MapPost Service infringes your copyrights, you may, pursuant to the Digital Millennium Copyright Act ("DMCA"), notify our Copyright Agent by providing the following information in writing (see 17 U.S.C § 512(c)(3)):
You acknowledge that a failure to comply with all of the above requirements will result in an invalid notification. If you knowingly misrepresent that content on the MapPost Service is infringing, you may be subject to significant civil penalties, which may include monetary damages, court costs, and attorneys’ fees incurred by us, by any copyright owner, or by an copyright owner’s licensee that is injured as a result of our relying upon your misrepresentation.
The designated Copyright Agent receiving notifications of claimed infringement on behalf of quiply, Inc. is:
quiply, Inc. DMCA Agent 2373 NW 185th Avenue, #511 Hillsboro, OR 97124 email: [email protected]
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to other law, to submit the content to quiply, Inc., you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, quiply, Inc. may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the sole discretion of quiply, Inc.
While you may be subject to certain terms and conditions with Apple, Inc. by using Apple’s App Store or other products, these terms are specifically between You and quiply, Inc. Your use of the MapPost Service is governed solely by these terms.
Notwithstanding any terms to the contrary in these Terms, the following additional terms will apply to the download of the App for use on the iPhone or iPad:
You and quiply, Inc. acknowledge that the terms are solely between you and quiply, Inc., and not with Apple, Inc. (“Apple”), and that quiply, Inc., not Apple, is solely responsible for the MapPost Service, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple App Store (“App Store”). You agree to pay all fees charged by the App Store in connection with the App (if any). You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App. In the event of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the terms and conditions of these Terms, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will govern if they are more restrictive.
While you may be subject to certain terms and conditions with Google, Inc. by using Google’s Play Store or other products, these terms are specifically between You and quiply, Inc. Your use of the MapPost Service is governed solely by these terms.
Notwithstanding any terms to the contrary in these Terms, the following additional terms will apply to the download of the App for use with Google’s Android OS:
You and quiply, Inc. acknowledge that the terms are solely between you and quiply, Inc., and not with Google, Inc. (“Google”), and that quiply, Inc., not Google, is solely responsible for the MapPost Service, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Google Play Store (“Play Store”). You agree to pay all fees charged by the Play Store in connection with the App (if any). You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in Google’s Terms of Service as of the date you download the App. In the event of any conflict between Google’s Terms of Service and the terms and conditions of these Terms, Google’s Terms of Service will govern if they are more restrictive.
The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPad, Android Phone or Desktop system that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service and Google’s Terms of Service, respectively.
quiply, Inc. is solely responsible for providing maintenance and support services with respect to the App. You acknowledge and agree that neither Apple nor Google has any obligation whatsoever to furnish any maintenance and support services with respect to the App.
You acknowledge and agree that Apple and Google are not responsible for any product warranties, whether express or implied by law, with respect to the App on an iPhone, iPad or Android Phone, respectively. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google, respectively, and Apple or Google will refund the purchase price, if any, paid to Apple or Google for the App by you; and to the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the App. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of quiply, Inc. However, you understand and agree that in accordance with these Terms, quiply, Inc. has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App, except those implied by law.
You and quiply, Inc. acknowledge and agree that as between Apple and quiply, Inc., and between Google and quiply, Inc., quiply, Inc., not Apple or Google, is responsible for addressing any of your claims or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and quiply, Inc. acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, quiply, Inc., and not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Any end user questions, complaints or claims with respect to the App should be directed to:
quiply Inc. 2373 NW 185th Avenue, #511 Hillsboro, OR 97124 email: [email protected]
The parties acknowledge and agree that Apple and Apple’s subsidiaries, and Google and Google’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of these Terms, on the iPhone, iPad and Android Phone, respectively, against you as a third party beneficiary thereof.
quiply Inc. 2373 NW 185th Avenue, #511 Hillsboro, OR 97124 email: [email protected]