TERMS & CONDITIONS

1. Introduction

These terms of use (Terms) set out the relationship between you and (Active Mapper,LLC) (“us” or “we”) regarding your use of our app and services.

By downloading, using or accessing our Services you agree to these Terms. 

Please read these Terms. If you do not understand these Terms, or do not accept any part of them, then you should not use or purchase the Services. By installing, using or accessing our Services you accept our Terms, Privacy Policy.

If a child wishes to use our Services, the child’s legal guardian agrees to these Terms as a precondition to the child’s use.

You can access these Terms at any time at activemappersoftware.com. We reserve the right, at our sole discretion, to change, modify, add or remove portions of our Terms, Privacy Policy and House Rules by posting the amended terms at activemappersoftware.com. Your continued use of our Services confirms your acceptance of the updated Terms, Privacy Policy or House Rules.

 

2. Right To Use Our Services

2.1

Subject to these Terms, we grant you a non-exclusive, non-transferrable, non-sublicensable, limited right to use our Services for your own personal, entertainment purposes. You agree not to use our Services for any other purpose. The rights granted to you are subject to your full compliance with these Terms.

2.2

Except as set out in clause 2.1 above, you do not receive any other license and we retain all right, title and interest in and to the Services. This means we own at all times all copyright, trade marks, code, software, characters, themes, artwork, trade secrets, patents, titles, and any and all rights in, or derived from, the Services. The Services must not be copied, reproduced or distributed in any manner or any medium without our prior written consent, which will be granted or withheld in our sole discretion.

2.3

The license ends on the earlier of your disposal of the Services or our termination of the license in accordance with these Terms.

 

3. Your Obligations

3.1

You will not:

            i.        rent, lease, lend, sell, transfer, redistribute or sublicense our Services, or make our Services available over a network where it could be used by multiple Devices at the same time. If you sell or otherwise dispose of, transfer or assign any Devices containing our Services, you must remove any copies of our Services before doing so;

           ii.        use or promote the use of any form of modifications, exploits or other unauthorized means to interfere with, or gain undue advantage in your use of, our Services;

          iii.        attempt to disrupt or burden the normal operation of our Services, or any of our infrastructure or any of our other business activities;

         iv.        attempt to gain unauthorized access to our Services;

          v.        make any automated use of our Services;

         vi.        impersonate any other person in your use of our Services;

        vii.        post another person’s personal information or data through our Services without that person’s consent;

       viii.        use our services to distribute any information,

         ix.        attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;

          x.        use our Services to harass, abuse, threaten or harm another person or to attempt to, or incite another, to harass, abuse or harm another person or group;

         xi.        copy, distribute, make available to the public or create a derivative work from our Services or any part thereof unless we have first agreed to this in writing;

        xii.        use our Services to gather, accumulate or otherwise aggregate information or data including, but not limited to, data or information about us, our Services or other users; or

       xiii.        use our Services in connection with the actual or attempted contravention of any laws.

3.2

You are responsible for ensuring that your installation and use of our Services does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.

3.3

You must comply with the terms of service of the relevant digital storefront where you obtained our Services, including but not limited to the Apple iOS App Store, the Google Play Store and the Amazon App Store.

3.4

Information that you provide to us must be true, accurate and complete at all times.

3.5

To use our Services you must:

            i.        not be located in a country that is subject to an embargo by the government of the United States of America or the Commonwealth of Australia;

           ii.        not be included on any list of prohibited or restricted parties by the government of the United States of America or the Commonwealth of Australia; and

          iii.        comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and using our Services.

 

4. User Interaction

4.1

To use our Services you must:

            i.        our Services may enable you to communicate with other users, or to post materials that may be made publicly available;

           ii.        you are solely responsible for the User Content that you post on, through or in connection with our Services;

          iii.        User Content is considered non-confidential and non-proprietary. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on our Services. We have no obligation to evaluate, use or compensate you for any ideas or information you choose to submit;

         iv.        you are responsible for all risks associated with the use of any User Content available when using our Service. We are not responsible or liable for the accuracy or content of user posts or transmissions made by other users of our Services, and we are not liable for any Loss or Claim resulting from any action taken or reliance made by you regarding any User Content; and

          v.        you are solely responsible for interaction with other users of our Service and any other parties that you interact with through our Services. We reserve the right to become involved in these disputes at our sole discretion. If you have a dispute, you release us from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with the dispute.

 

5. Intellectual Property

5.1

You agree that all Intellectual Property relating to our Services is owned by or licensed by us. Our Services are being licensed to you and you understand that no title or ownership in our Services is being transferred or assigned and these Terms are not a sale of any rights in our Services.

 

6.  Accounts and Login

6.1

Our services enable you to create an Account or otherwise login to the Services. Where you do so you must take reasonable steps to protect your log in details and keep them secret. You are responsible for all activities performed using your Account whether the access is authorized by you or not. We will assume anyone using your Account has your permission to do so.

 

7. Updates & Access To Our Services

7.1

We have the right to withdraw or modify our Services (in whole or in part) at any time for any reason. For the avoidance of doubt, you understand that we have the right to alter our Services at our sole discretion.

7.2

You understand that there may be times when our Services or any part of our Services are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

7.3

You understand that:

            i.        we may, at our sole discretion, provide Updates and we may require you to accept the Updates to our Services;

           ii.        you may need to update third party software from time to time in order to receive our Services;

          iii.        it is your responsibility to update our Services when updates are available. We are not liable for any Loss that you may suffer as a result of your failure to update; and

         iv.        we are not obliged to support our Service by providing advice, training, error-correction, modifications, new releases, enhancements, hosting, telecommunication, internet or other services in relation to your use of our Services

 

8. Termination Of Account Or Services

8.1

We reserve the right to limit, suspend, terminate, modify or delete your Account or your access to our Services or portions of our Services if you, or we suspect that you are, failing to comply with any of these Terms, our Privacy Policy or for any actual or suspected illegal or improper use of our Services, with or without notice to you.

8.2

You understand that if you delete your Account, or if we delete your Account in accordance with these Terms, you may lose access to any data previously associated with your Account.

8.3

You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.

 

9. Disclaimer & Release

9.1

TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS OR LOSSES ARISING DIRECTLY OR INDIRECTLY FROM:

            I.        A FAILURE TO PROVIDE OUR SERVICES, OR ANY PART THEREOF;

          II.        CORRUPTIONS TO OR LOSS OF DATA, ERRORS OR INTERRUPTIONS OCCURRING IN THE COURSE OF USING, OR AS PART OF, ANY OF OUR SERVICES;

         III.        ANY SUSPENSION OR DISCONTINUANCE OF ANY OF OUR SERVICES, OR ANY PART THEREOF; OR

        IV.        ANY USE OF OUR SERVICES BY OTHER USERS, INCLUDING ANY USE OF OUR SERVICES BY OTHER USERS WHICH CONTRAVENES THESE TERMS.

 

10. Warranty

10.1

OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. YOU UNDERSTAND THAT OUR SERVICES CANNOT BE GUARANTEED TO BE ERROR FREE AND THE EXISTENCE OF ANY ERRORS WILL NOT BE A BREACH OF THESE TERMS.

10.2

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN THESE TERMS, AND TO THE FULL EXTENT PERMITTED BY LAW:

            I.        WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (SUCH AS LOSS OF PROFITS), OR CLAIM, ARISING OUT OF BREACH OF THESE TERMS OR ARISING OUT OF THE SUPPLY OF DEFECTIVE SERVICES;

          II.        OUR LIABILITY FOR ANY TERM, CONDITION, GUARANTEE OR WARRANTY THAT IS IMPLIED BY LAW AND CANNOT LAWFULLY BE EXCLUDED BY US, 

§  IN THE CASE OF GOODS (TO THE EXTENT OUR SERVICES ARE CONSIDERED A GOOD UNDER APPLICABLE LAW) – REPAIRING, REPLACING OR SUPPLYING EQUIVALENT GOODS, OR PAYING THE COST OF ANY OF THOSE REMEDIES TO THE YOU; OR

§  IN THE CASE OF SERVICES – SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN; AND

         III.        OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY LOSSES YOU INCUR OR CLAIMS YOU MAKE AGAINST US IS LIMITED TO THE SUM OF $10 U.S.

10.3

YOU AGREE THAT YOU HAVE EXERCISED YOUR INDEPENDENT JUDGMENT IN ACQUIRING OUR SERVICES AND HAVE NOT RELIED ON ANY REPRESENTATION WE HAVE MADE WHICH HAS NOT BEEN STATED EXPRESSLY IN THESE TERMS OR UPON DESCRIPTIONS OR ILLUSTRATIONS OR SPECIFICATIONS CONTAINED IN ANY DOCUMENT INCLUDING CATALOGUES OR PUBLICITY MATERIAL PRODUCED BY US.

10.4

IF YOU PURCHASED OUR SERVICES FROM THE IOS APP STORE, IN THE EVENT OF ANY FAILURE OF OUR SERVICES TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE TO YOU. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO OUR SERVICES, AND ANY OTHER CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE DEALT WITH BY US IN ACCORDANCE WITH THESE TERMS.

 

11. Security

11.1

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information, we cannot guarantee the security of any information you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve the security of it.

11.2

You must take your own precautions to ensure your access to our Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your Devices. We do not accept responsibility for any interference or damage to your Devices which arises in connection with your use of our Services.

 

12. Privacy

12.1

We will collect, process, use and share your personal information in accordance with our Privacy Notice, as set out in these Terms and as you otherwise consent. Our Privacy Notice forms part of these Terms.

12.2

By using our Services, you agree to these Terms, including our Privacy Notice, and acknowledge that your agreement is a precondition to your use of the Services.

12.3

We may use cookies, or similar technologies to store certain types of information each time you use our Services. They may for example be used to help us recognize your device and to ensure that your Account is accessed by the person that inputs the correct username and password for that Account. You can find out more about how we use cookies and other similar technologies by reading our Privacy Notice.

 

13. General

13.1

Assignment - We may wish to transfer all or a part of our rights or responsibilities under these Terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these Terms unless we first agree to this in writing.

13.2

Entire agreement - These Terms, our Privacy Policy set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us.

13.3

Severability - If any part of these Terms are found to be invalid or unenforceable, that part will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

13.4

Waivers - Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

13.5

Governing Law - These Terms are governed exclusively by the law in force in Louisiana. All legal actions in connection with these Terms shall be bought in the state or federal courts located in Ville Platte, La.

13.6

Force Majeure - Notwithstanding anything else contained in these Terms, we are not liable for any delay in or failure to comply with these Terms if the delay or failure is caused by circumstances beyond our reasonable control, including without limitation, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes or any act of war or terrorism.

 

14. Contact

14.1

If you have any questions about these Terms or our Services you may contact us at:

ActiveMapper, LLC

220 N. Chataignier

Ville Platte, La.  
Email: robbie@activemappersoftware.com

 

15. Definitions

15.1

In these Terms, unless the context otherwise requires, the following words have the following meanings:

            i.        Account means a user account.

           ii.        Claim means any action, claim, proceeding or demand whatsoever, whether presently existing or arising at any time in the future and whether referable to events or circumstances which have already occurred or which may occur in the future.

          iii.        Intellectual Property includes all rights throughout the world in relation to patents, copyright (including moral rights), designs, registered and unregistered trademarks, trade secrets, know-how and confidential information and all other intellectual property and any right to register those rights, whether created before or after the date of this document, and in all cases for the duration of those rights and any renewal.

         iv.        Loss means all losses, costs, expenses and damages (including legal costs and disbursements) sustained or incurred, whether directly or indirectly or consequentially or in any other way.

          v.        Privacy Policy means our privacy policy, as updated from time to time, which is available for access at activemappersoftware.com

         vi.        Services means services offered by us and includes our games, websites and related services.

        vii.        Terms means the terms set out in this document, as updated from time to time.

       viii.        Update means an update supplied by us that replaces or supplements the original Service and may include adding, removing, modifying or otherwise altering features of our Services at our sole discretion.

         ix.        User Content means any content generated, created, made or otherwise brought about as a result of using our Services. In the context of user interaction, this includes any communications, images, sounds and all the material, data, and information that you upload or transmit through our Services, or that other users upload or transmit, including without limitation any chat text.