Embedded Maps Terms and Conditions

The Terms of Use for the Multimap Embedded Maps Service appear in the box below. You will need to agree to the terms by ticking the box before you can use the Service.

Since the Terms document is a bit long, following are some key points to note:

• You may not use the Embedded Maps service for internal business applications. The site into which you integrate the Embedded Maps service must be offered for free to users; you may not build paid-for services with this service. The Embedded Maps service may also not be used as part of a mobile or wireless service, or in any real-time tracking applications or services.
• Use of the Embedded Maps service is limited to 50,000 map deliveries per year. If your traffic requirement will exceed this limit, please contact our B2B Sales Team.
• The Embedded Maps Service may not be used in conjunction with any materials that are defamatory, obscene, unlawful, harmful to minors or otherwise illegal, or that breach another individual’s right to privacy.
• You may not alter or remove any copyright notice, logos, digital watermarks or proprietary legends contained in or on the maps or other components of the Service.
• You may not capture or retain any of the maps, routes, or geocodes generated by this service. If you are interested in using Multimap to geocode address records, please contact us.
• We reserve the right to suspend or terminate your use of the service at any time. We will do our best to give you advance notice of any material change to or termination of the service.
• Please note that we do not provide warranties for the Embedded Maps Service. The contract also limits our liability. These terms are detailed in Clause 6 and we ask you to read them, as well as the restrictions on your use of the service, and your responsibilities, carefully.
• If You have any questions about the Embedded Maps Service or these Terms of Use, please contact info@multimap.com.

Full Terms and Conditions of Use of the Multimap Embedded Maps Service

Last updated September 2008

By using the Multimap Embedded Maps Service ("the Embedded Maps Service"), You ("You") accept and agree to the Full Terms and Conditions of Use of the Multimap Embedded Maps Service, as well as any additional terms and conditions we may require from time to time.

1. Definitions

   "Agreement": these Full Terms and Conditions of Use of the Multimap Embedded Maps Service;

   "Guidelines": the rules governing the implementation and use of the Embedded Maps Service, as amended from time to time;

   "Materials": any documentation or other materials provided by Multimap to You in connection with the provision of the Embedded Maps Service;

   "Microsoft Brand Features": the Microsoft logo, the Microsoft brand name, and any other images and/or text displayed within the Embedded Maps Service, or within the Microsoft Virtual Earth services from time to time;

   "Multimap": Multi Media Mapping Ltd., trading as Multimap, company number 3121505, whose registered address is Beaufort House, 10th Floor, 15 St. Botolph Street, London, EC3A 7EE, England, VAT registration number GB 671 8051 34, or any of its subsidiaries;

   "Multimap Brand Features": the Multimap logo, the Multimap brand name, and any other images and/or text displayed within the Embedded Maps Service, or at the Multimap website from time to time;

   "Embedded Maps Service": the Multimap Embedded Maps Service, which provides access via a single interface to a range of mapping and location services. Mapping, address search, routing, and Microsoft Virtual Earth aerial imagery and bird’s eye imagery are included in the Embedded Maps Service;

   "the Service": the Multimap Embedded Maps Service;

   "Website": the website or mash-up or service that You own or operate, which is located at the URL You provide to Multimap, that makes use of the Embedded Maps Service.

   1. 1.1 Clause headings are for ease of reference only and shall not affect the interpretation or construction of clauses.

   2. 1.1 Words importing the singular shall include the plural and vice versa, words importing persons shall include bodies corporate, unincorporated associations and partnerships and vice versa, references to the whole shall include the part and vice versa.

2. GENERAL TERMS OF USE

   1. You agree that Your use of the Embedded Maps Service is on an "as is" and "as available" basis and that Your use of the Embedded Maps Service is at Your sole risk.

   2. Multimap reserves the right to modify the Embedded Maps Service from time to time, and without prior notice. We will make reasonable efforts to maintain backwards compatibility for versions of the Service, but cannot guarantee this.

   3. Multimap further reserves the right to modify the Full Terms and Conditions of Use from time to time, and without prior notice. If we change the Terms, then we will provide notice on the Embedded Maps Service section of the Multimap website. If You do not agree to these changes, then You must stop using the service. If You do not stop using the service, then Your use of the service will continue under the changed Terms.

   4. You agree that Multimap has the right to monitor Your usage of the Embedded Maps Service, including traffic generated by You. This may include, for example, filtering to stop spam or increase security. These means may hinder or break Your use of the service.

   5. We reserve the right to include advertising in the content served through the service. You will not intentionally omit or obscure such advertising when displaying such content to end users.

   6. Multimap reserves the right, in its sole discretion, to determine whether Your use of the service is in accordance with the terms of this agreement.

3. RESTRICTIONS ON USE OF THE EMBEDDED MAPS SERVICE

   1. You may not use the Embedded Maps service for internal business applications. The site into which you integrate the Embedded Maps service must be offered for free to users; you may not build paid-for services with this service.

   2. The Embedded Maps Service may not be used as part of a mobile or wireless service, or in any real-time tracking or guidance applications or routing services.

   3. Use of the Embedded Maps service is limited to 50,000 map deliveries per year. If your traffic requirement will exceed this limit, please contact our B2B Sales Team.

   4. You may access and use the Embedded Maps Service only as documented in the implementation guidelines or other relevant Materials.

   5. You may not alter or remove any copyright notice, logos, digital watermarks, advertisements, or proprietary legends contained in or on the maps or other components of the Embedded Maps Service.

   6. You agree that You will not remove or modify in any way any of the links to Multimap’s or its suppliers’ or partners’ copyright terms. You will ensure that links remain in clear view of any users of Your Website, and that the links will remain active on Your Website.

   7. You may not use or integrate any element of the Multimap Embedded Maps Service with another supplier’s mapping or location-related services.

   8. The Embedded Maps Service may not be used in conjunction with any materials, Websites or applications that:

      1. are obscene, indecent, pornographic, or harmful to or exploitative of minors; or are otherwise illegal, or that breach another individual’s right to privacy;

      2. incite, advocate, or express hatred, bigotry, racism, or gratuitous violence;

      3. are intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason, including on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion, or to incite or encourage anyone else to do so;

      4. transmit, sell, license or deliver any infringing, defamatory, offensive, or illegal products, services or materials;

      5. email, transmit or upload viruses, worms, Trojan horses, or spam, or unsolicited messages or advertisements;

      6. upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;

      7. impersonate anyone else or otherwise misrepresent Your identity or status;

      8. collect and process others’ personal data;

      9. violate local, state, federal or other applicable consumer privacy regulations; or

      10. violate any applicable law or violate the rights of any third party (including, without limitation, rights of privacy or proprietary rights).

   9. You may not use the Embedded Maps Service in ways that harm us or our affiliates or suppliers.

   10. You may not use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Embedded Maps Service.

   11. You may not damage, disable, overburden, or impair the Embedded Maps Service (or the network(s) connected to the Service) or interfere with anyone’s use and enjoyment of the Service.

   12. You may not sell, lease or sublicense access to the Embedded Maps Service.

   13. You may not attempt to make a local non-cache copy, or help a third party attempt to make a local non-cache copy, of any content provided through the Embedded Maps Service.

   14. You may not falsify or alter any unique referral identifier in, or assigned to, an application or Website, or otherwise obscure or alter the source of queries coming from an application or Website;

   15. You may not use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by Microsoft, or "meta-searching").

4. OWNERSHIP

   1. You acknowledge and agree that Multimap owns, or is the licensee of, all rights and interests in the Embedded Maps Service, all underlying data and Intellectual Property, and the Multimap Brand Features.

   2. Nothing in this Agreement shall confer on You any right of ownership in the Embedded Maps Service, or any underlying JavaScript, map data, other location data, or any other Intellectual Property. You shall not now or in the future contest the validity of the Multimap Brand Features.

   3. You undertake not to, and shall not permit any third party to, reverse engineer the Embedded Maps Service, any of the XML or other calls made by the Embedded Maps Service, or any software or services provided by Multimap. You agree not to, and shall not permit or encourage any third party to copy, cache or retain any maps, routes, images, or other data provided to You by Multimap as part of the Embedded Maps Service.

   4. You agree that You will not capture or retain any geocodes produced by the Embedded Maps Service in any way, including an address look-up. If You retain geocodes created by use of the Embedded Maps Service or other Multimap services for any other application outside the Embedded Maps Service, You agree to pay a fee for geocoding and geocodes. The fee charged will be based on the data used, the number of records geocoded and rates customarily charged by Multimap in similar situations.

   5. Without prejudice to any other rights or remedies that Multimap may have, You acknowledge and agree that if any of the Embedded Maps Service, the Materials, or Multimap's Confidential Information are used or disclosed (if applicable) other than in accordance with the terms of the Agreement, the award of damages may not be an adequate remedy and Multimap shall be entitled to seek injunctive or other equitable relief in respect of such breach.

5. YOUR RESPONSIBILITIES

   1. You warrant that You shall use the Embedded Maps Service in accordance with the terms of this Agreement, and will implement the Embedded Maps Service as instructed in the Guidelines, and other Materials.

   2. You will defend and indemnify Multimap and its subsidiaries and partners against any expense, claim or cost suffered by Multimap, including legal fees, losses (actual and consequential), judgments, or damages, as a result of any breach by You of the warranties contained in Clause 5.1, or of any of the Terms and Conditions of Use of the Embedded Maps Service.

6. LIMITATIONS OF LIABILITY

   1. Nothing in this Agreement shall exclude or limit liability for death or personal injury.

   2. You understand and agree that Multimap shall not be liable to You in contract, tort (including negligence) or otherwise for:

      1. any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);

      2. any loss of goodwill or reputation; or

      3. any special, indirect or consequential losses.

      in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement, or were suffered or incurred by that party arising out of or in connection with any matter under this Agreement.

   3. Multimap excludes all conditions, terms, representations (except fraudulent representations) and warranties relating to the Embedded Maps Service, whether imposed by statute or by operation of law or otherwise, that are not expressly stated in this Agreement including, without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose.

   4. Each provision of this Clause 6 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the expiration or termination of this Agreement.

7. PRIVACY

   1. Usage of any personal information You provide is governed by Multimap’s Privacy Policy, which forms part of these Terms of Use. In the event that Multimap undergoes reorganization or is sold to a third party, You agree that any personal information Multimap holds about You may be transferred to that reorganized entity or third party. Microsoft’s Privacy Statement also applies to Your use of the Embedded Maps Service; it is available at http://privacy.microsoft.com

8. TERM AND TERMINATION

   1. The Agreement shall commence on the date upon which You first use the Embedded Maps Service, and shall continue until terminated by either party.

   2. Multimap reserves the right to terminate or discontinue this Agreement and Your use of the Embedded Maps Service at any time, without notice.

   3. Multimap may suspend the operation of the Embedded Maps Service for repair or maintenance work or in order to update or upgrade the contents or functionality of the Embedded Maps Service from time to time. Access to or use of the Embedded Maps Service or any pages linked to it will be not necessarily be uninterrupted or error free.

   4. Multimap shall be entitled to terminate this Agreement forthwith with immediate effect in the event that any act or omission by You, at Multimap's sole discretion, results in damage to Multimap or any of its Affiliates or brings Multimap or any of its Affiliates into disrepute, whether in relation to the Embedded Maps Service or otherwise.

   5. You may terminate this Agreement at any time by ceasing to use the Embedded Maps Service.

   6. In the event of the termination of this Agreement, You agree to:

      1. cease using the Embedded Maps Service immediately; and

      2. destroy or return to Multimap (as Multimap shall direct) the Materials, and remove Multimap links, JavaScript and other content from Your Website, within 5 days of termination.

   7. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into, or continue in, force on or after such termination.

   8. Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 10 shall survive expiration or termination of this Agreement.

9. NOTICES AND CONSENT REGARDING ELECTRONIC INFORMATION

   1. This Agreement is in electronic form. There may be other information regarding the service that the law requires us to send You. We may send You this information in electronic form. You have the right to withdraw this consent, but if You do, we may cancel Your use of the Embedded Maps Service. We may provide required information to You:

      1. by e-mail at the e-mail address You specified when You signed up for the Embedded Maps Service; or

      2. by posting to the Embedded Maps Service pages of the Multimap web site.

   2. Notices provided to You via e-mail will be deemed given and received on the transmission date of the e-mail. As long as You can access and use the Embedded Maps Service, You have the necessary software and hardware to receive these notices. If You do not consent to receive any notices electronically, You must stop using the service.

   3. Any notice from You should be sent electronically to: info@multimap.com.

10. GENERAL

    1. A failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of that right or any other right or remedy. A waiver of a breach of this Agreement does not constitute a waiver of any other breach of this Agreement. The rights and remedies contained in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

    2. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect or impact the continuation in force of the remainder of this Agreement.

    3. Nothing in this Agreement shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other and neither party shall have the authority or power to bind the other or to contract in the name of or create a liability against the other party in any way.

    4. This Agreement may be executed in any number of counterparts each of which when executed and delivered shall be an original but all the counterparts together shall constitute one and the same instrument.

    5. Each party undertakes with the other to do all things reasonably within its power which are necessary or desirable to give effect to the spirit and intent of this Agreement.

    6. Save as otherwise provided in this Agreement, a person who is not a party to it has no right under the Contract (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement. This does not affect any right or remedy of a third party which exists or is available apart from that Act.

    7. This Agreement, and the documents referred to in it, constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this Agreement.

11. 11. LAW AND JURISDICTION

    1. This Agreement shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with this Agreement.