MapTalks - Statement of Rights and Responsibilities

MapTalks is the social network where discussions take place on maps. With MapTalks you can share ideas for your leisure time and read stories of who's already been at your destination. Also, you can publish your collections of venues, write your thoughts from the place where you are right now and do many, many other things more.

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Statement of Rights and Responsibilities

Last revision: November 7, 2011.
This agreement was written in Italian. To the extent any translated version of this agreement conflicts with the Italian version, the Italian version controls. Please note that Section 10 contains certain changes to the general terms for users in specific countries.
This Statement of Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with MapTalks. By using or accessing MapTalks, you agree to this Statement.

Table Of Contents

  1. Privacy
  2. Sharing Your Content and Information
  3. Safety
  4. Registration and Account Security
  5. Protecting Other People's Rights
  6. About Advertisements and Other Commercial Content Served or Enhanced by MapTalks
  7. Regulation about Contests
  8. Special Provisions Applicable to Advertisers
  9. Amendments
  10. Termination
  11. Disputes
  12. Special Provisions Applicable to Users In Specific Countries
  13. Definitions
  14. Other

Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use MapTalks to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

Sharing Your Content and Information

You own all of the content and information you post on MapTalks, and you can control how it is shared through your settings in the Settings page. In addition:

For content that is covered by intellectual property rights, like text, photos and videos ("IP content"), you specifically give us the following permission, subject to your settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with MapTalks ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

When you publish content or information using the "Everyone" setting, it means that you are allowing everyone, including people off of MapTalks, to access and use that information, and to associate it with you (i.e., your name and profile picture).

We always appreciate your feedback or other suggestions about MapTalks, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

It is not allowed to post messages of commercial nature without written permission from MapTalks.

Safety

We do our best to keep MapTalks safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

You will not send to users or post unauthorized commercial communications.

You will not collect users' content or information, or otherwise access MapTalks, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on MapTalks.

You will not upload viruses or other malicious code.

You will not solicit login information or access an account belonging to someone else.

You will not bully, intimidate, or harass any user.

You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements).

You will not offer any contest, giveaway, or contests ("promotion") on MapTalks without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow the Promotions Guidelines we will provide you and all applicable laws.

You will not use MapTalks to do anything unlawful, misleading, malicious, or discriminatory.

You will not do anything that could disable, overburden, or impair the proper working of MapTalks, such as a denial of service attack.

You will not facilitate or encourage any violations of this Statement.

Registration and Account Security

MapTalks users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

You will not provide any false personal information on MapTalks, or create an account for anyone other than yourself without permission.

You will not create more than one personal profile.

If we disable your account, you will not create another one without our permission.

You will not use your personal profile for your own commercial gain.

You will not use MapTalks if you are under 13.

You will not use MapTalks if you are a convicted sex offender.

You will keep your contact information accurate and up-to-date.

You will not share your password, or in the case of developers, your secret key, let anyone else access your account, or do anything else that might jeopardize the security of your account.

You will not transfer your account to anyone without first getting our written permission.

If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

You will not post content or take any action on MapTalks that infringes or violates someone else's rights or otherwise violates the law.

We can remove any content or information you post on MapTalks if we believe that it violates this Statement.

Contact us at to report claims of intellectual property infringement.

If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

You will not use our copyrights or trademarks (including MapTalks and the MapTalks Logo), or any confusingly similar marks, without our written permission.

If you collect information from users, you will: obtain their consent, make it clear you (and not MapTalks) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

You will not post anyone's identification documents or sensitive financial information on MapTalks.

About Advertisements and Other Commercial Content Served or Enhanced by MapTalks

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you.

You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.

We do not give your content or information to advertisers without your consent.

You understand that we may not always identify paid services and communications as such.

Regulation about Contests

  1. Contests (or sweepstakes or competitions) organized by MapTalks, henceforth called "contests", have promotional purposes only and do not involve the purchase of any goods or services either for participants or winners.
  2. It is not permitted to participate to a MapTalks contest by citizens of those countries where participation to this kind of contests is not allowed by the laws.
  3. All information related to a specific contest, including prizes and the total prize fund, will be published in a special page on the Web (henceforth called the Contest Page) and will be available since contest's start date until 120 days after the final draw.
  4. Information about the development of a contest will be published in the relative Contest Page and possibly (but not necessarily) in other channels in order to spread the news more widely.
  5. Are eligible to participate to a contest only those MapTalks users who have logged into the system at least once, that have applied (registered) to the contest and that fulfill any terms, conditions and objectives indicated in this page and in the Contest Page.
  6. All of the above participants will be part of the final draw from which will result the list of winners.
  7. The distribution of awards (and eventual draw) will take place within 48 hours after the end of the competition, except for delays due to technical problems or other events of force majeure (in which case participants will be informed through the Contest Page).
  8. Each winner will be notified by email within 48 hours after the draw. We will use the email address listed under "Profile " -> "Email Settings" taken at the time of the distribution of awards.
  9. MapTalks is not bound to any refund in case the winner does not receive the notification due to an invalid e-mail address or due to a network or computer systems failure.
  10. In case the winner does not collect the prize before its possible expiration, or whether more than 120 days pass after notification dispatch, the prize might be no longer available. In this case MapTalks will not be liable for any compensation as a replacement.
  11. MapTalks can exclude from the contest any participant that behave in ways that are contrary to local or Italian laws.
  12. MapTalks declines any responsibility and shall not be required to pay any compensation to participants in the event of computer systems' failures and any other force majeure that would compromise the development or the continuation of the contest.
  13. MapTalks can cancel the contest at any time for reasons of force majeure.
  14. MapTalks is not required to pay any compensation to participants in the event of cancellation of the contest.
  15. Participants agree to the treatment of their personal information for the purpose of the contest.
  16. Signing up to a MapTalks contest implies the acceptance of this Statement of Rights and Responsibilities and any other specific terms described in the relative Contest Page.

Special Provisions Applicable to Advertisers

The following additional terms apply when a purchase order of an ad is made on MapTalks through our online advertising portal (Order):

  1. When the Order is placed, the user must specify the type of advertising he wants to purchase, the amount he wants to spend and his offer. If the Order is approved by MapTalks, the advertising will be published as soon as possible. From the time of publication on, MapTalks is fully committed to show the ad to the public according to the available criteria specified by the advertiser, although it is not possible to always guarantee that the advertisement reaches the desired audience.
  2. MapTalks has the right to extend the criteria for defining the audience specified by the advertiser, if it considers that such action may increase the effectiveness of the campaign.
  3. Orders must be paid within 5 days after invoicing. The amount to pay is calculated according to our tracking mechanisms. If an order is not paid within the period specified, the provision of all active listings will be suspended and will be reactivated automatically after payment.
  4. Ads must meet the following guidelines:
    1. Privacy
      1. The creative content of an advertisement may not include the data received or originated by MapTalks, even if a user assents to use it.
      2. User data received from or originated by MapTalks, including information gathered by advertisement or from the target criteria, can not be used outside of MapTalks without the express consent of the user (and only to the extent that such use is not otherwise prohibited by applicable laws).
      3. The collection or the intended use of user data must be compliant with the privacy policy of MapTalks and of the landing page and of the advertised site.
    2. Creative Content and Positioning
      All components of the ads, including text, images or other media, must be relevant and appropriate to the product or service offered and to the public that views the ads. Ads may not contain portions of audio or flash animations that play automatically, without user interaction. Ads may not present products or services in such a way to be suggestive from a sexual point of view. Ads can not show content that take advantage of political programs or current issues for commercial use. In addition, the text of the ads must be grammatically correct, and any symbols, numbers or letters must be used according to their real meaning. Ads must clearly represent the company, product, service, or advertised brand and should not contain false, misleading, fraudulent or deceptive statements or suggest a false correlation with generic offerings. The products and services promoted in the text of the ads should be shown clearly on the target page and the destination site must not include links to other prohibited products or services. The text of the ads can not claim or imply, directly or indirectly, within the content of the ad or through the definition of recipients, personal characteristics of a user in the following categories: race or ethnic origin, religion or philosophical beliefs; age; orientation or sexual behavior; sexual identity; disability or illness (including physical or mental health problems); financial status or information relating thereto; union membership; criminal record. Ads must refer to a landing page that works and that does not hinder or prevent the user to leave it. Ads must be directed to the appropriate audience and the criteria selected should never provoke users.
    3. Content of Advertisements
      Advertisers must ensure that their ads comply with all laws, regulations and guidelines. All statements contained in advertisements must be true and verifiable. The ads should not offend people. The listings and any offers promoted in ads must not be false, deceptive or misleading or contain spam. The ads must not contain or promote illegal products or services. The ads must not infringe the rights of third parties. Regarding content, the ads can not promote the marketing of: adult products, spirits, adult dating, drugs and tobacco, gambling and lotteries; pharmaceuticals and supplements, malware or spyware, weapons and explosives. The ads can not promote models or business practices considered by MapTalks, at its sole discretion, unacceptable or contrary to the overall advertising philosophy of MapTalks or to any applicable law, including, without limitation, multi-level marketing schemes or scam advertising.
    4. Community Standards
      The ads, or categories of ads that receive a significant amount of negative feedback from users, or otherwise violate our community standards, are prohibited and may be removed. In any case, MapTalks, reserves the right, at its sole discretion, to determine whether a specific content violates our community standards.
    5. References to MapTalks
      The ads can not imply support or partnership of any kind. All the other ads and landing pages can not use our copyrights or trademarks or symbols that look like that can be confusing, unless after obtaining our written consent.
    6. Third Party Rights
      The ads may not include any content that violates third party rights, including copyright, trademark, privacy, publicity or other personal or proprietary rights.
  5. We determine the size, location and placement of ads according to recommendations by the advertiser.
  6. We make no guarantees on the results that can be obtained from advertising, such as the number of clicks.
  7. We can not control the way users interact with ads and we are not responsible for fraud clicks or other improper actions that affect the cost of the advertisement. However, we do our best to identify and filter out certain suspicious activities.
  8. Orders may be canceled at any time through our online portal, but the arrest of active ads may take up to 24 hours. The user is required to pay for such ads.
  9. On reaching the budget limit set for the campaign, Orders that are related to it will be stopped automatically in the next 5 minutes. However, during the phase of arrest, the ads that are still active could still be delivered. In this eventuality, the user is required to pay them.
  10. Our license to run the ads will stop when the Order is complete.
  11. We can use the ads and related information for marketing or promotional purposes.
  12. We will not publish press releases or public statements about the relationship between the user and MapTalks without written consent.
  13. We reserve the right to refuse or remove any advertisement for any reason.
  14. You can not place ads on behalf of someone else.
  15. Refills (or prepaid credit) constitute an advance payment of ads and can not be considered under any circumstances, and regardless of the amount, a form of loan. MapTalks does not recognize the payment of interest rates on pre-paid credit. MapTalks guarantees the return of remaining prepaid credit upon request of the account holder, to the extent of the amounts actually paid and not yet consumed. The amounts deriving from coupons can not be redeemed in cash and therefore the actual amount to be returned will be the difference between the residual amount and the total amount eventually provided in coupons.
  16. The use of ads, of refills and of coupons imply the unconditional acceptance of this regulation.

Amendments

We have the right to change this Statement at any time upon notice published on the home page for 60 days and possibly (but not necessarily) in other channels in order to spread the news in a wider way. The user should read carefully the amended Statement. Your acceptance of any amendments to this Statement is implied by your continued use of MapTalks.

Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of MapTalks to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 6.3, and 8-12.

Disputes

You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or MapTalks exclusively in a court located in Rome,Italy. The laws of the Republic Of Italy will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Rome,Italy for the purpose of litigating all such claims.

If anyone brings a claim against us related to your actions, content or information on MapTalks, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

WE TRY TO KEEP MAPTALKS UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING MAPTALKS "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT MAPTALKS WILL BE SAFE OR SECURE. MAPTALKS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR MAPTALKS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR MAPTALKS WILL NOT EXCEED THE GREATER OF ONE HUNDRED EUROS (EUR 100). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MAPTALKS'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Special Provisions Applicable to Users In Specific Countries

You consent to having your personal data transferred to and processed in the European Union and in the United States.

Definitions

By "MapTalks" we mean the features and services we make available, including through (a) our website at www.maptalks.net and any other MapTalks branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.

By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from MapTalks or provide data to us.

By "information" we mean facts and other information about you, including actions you take.

By "content" we mean anything you post on MapTalks that would not be included in the definition of "information."

By "data" we mean content and information that third parties can retrieve from MapTalks or provide to MapTalks through Platform.

By "post" we mean whatever you post directly on MapTalks or otherwise you make available to us (such as by using an application).

By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

By "active registered user" we mean a user who has logged into MapTalks at least once in the previous 30 days.

By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.

Other

This Statement is an agreement between you and BersaWeb, owner of MapTalks. References to "us," "we," and "our" mean BersaWeb.

This Statement makes up the entire agreement between the parties regarding MapTalks, and supersedes any prior agreements.

If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of this Statement, it will not be considered a waiver.

Any amendment to or waiver of this Statement must be made in writing and signed by us.

You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in this Statement shall prevent us from complying with the law.

This Statement does not confer any third party beneficiary rights.

You will comply with all applicable laws when using or accessing MapTalks.

MapTalks™ is a service offered by BersaWeb (VATIN IT 11569161000).


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