Terms and Conditions
1. Acceptance of Terms. Welcome to Judgmental Maps LLC (“Judgmental Maps”) Terms of Use. Judgmental Maps provides www.judgmentalmaps.com (the “Site”) and related services to you, the User (“User”) subject to the following Agreement (“Agreement”). If you wish to submit certain Content, including but not limited to images and maps, to the Site, you must accept without change the terms of this Agreement. BY CLICKING ACCEPT, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND WILL BE BOUND TO ALL TERMS OF THIS AGREEMENT.
2. Eligibility. By using and submitting content, including but not limited to maps (“Content”) to this site, you indicate that you can lawfully enter into and form contracts under applicable law. By submitting content to this Site, you represent and warrant that all registration information you submit is accurate and truthful, and you agree to maintain the accuracy of such information.
3. Third Party Services. Submissions of Content to this site may be made through third party products or services utilized by Judgmental Maps. By making submissions to this Site you expressly agree to third party terms and conditions and privacy policies in addition to all terms and conditions set forth in this Agreement. Judgmental Maps may utilize other third party services and products in connection with providing services on the Site, and it is your responsibility to read and understand those third party services’ terms and conditions and privacy policies.
4. License and Permissions.
4.1 By submitting content, through a third party intermediary or directly, you grant Judgmental Maps a perpetual, non-exclusive, non-revocable world-wide, royalty-free, sub-licensable, transferrable right and license to use, host, store, cache, publish, reproduce, distribute, syndicate, display publically (or otherwise), perform publically (or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of the Content, and use your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or developed in the future for use in connection with the Site, and Judgmental Maps (and its successors, assignees, or affiliates) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats, whether now known or later developed, and through any media channels or search engines for commercial and noncommercial purposes alike. You also grant each User of the Site a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms.
4.2 Such additional uses by Judgmental Maps, or other companies, organizations
or individuals who partner with or use the Site, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service. We may add or insert affiliate and partner code into Content that you submit. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or Third Party Services, and you are responsible for reading and understanding those Third Party Services’ privacy policies.
4.3 This license is perpetual and non-revocable and continues even if you stop using services provided by the Site.
4.4 Subject to your acceptance of this Agreement, Judgmental Maps grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Site for your personal, noncommercial (i.e. you may not use the Site to provide or serve or permit others to provide or serve ads or contests or sweepstakes) use only and as permitted by the features of the Site. Judgmental Maps reserves all rights not expressly granted herein in the Site and the Judgmental Maps Content. Judgmental Maps expressly reserves the right to terminate your license to use the Site at any time and for any reason or in the future to charge for commercial usage.
5. Proprietary Rights. Judgmental Maps retains all proprietary rights in the Site and its services. The Site contains copyrighted material, trademarks, and other proprietary information of Judgmental Maps and its licensors. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any proprietary information of Judgmental Maps or its licensors, without prior written consent by Judgmental Maps. Nothing in this Agreement gives you a right to use the Judgmental Maps name or any of the Judgmental Maps trademarks, logos, domain names, and other distinctive brand features, without prior written consent of Judgmental Maps. Any feedback, comments, or suggestions you may provide regarding Judgmental Maps, or the Site is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
6. Content Approval. Before Content may be added to the Site, Judgmental Maps must approve all Content. Factors affecting approval include, but are not limited to, image aspect ratio, resolution, and whether the Content complies with Judgmental Maps’ policies regarding submission of Content as set forth in this Agreement or elsewhere on this Site. Importantly, Judgmental Maps has the right to include your Content in its site and on other products, but Judgmental Maps is not obligated to include your Content anywhere. Judgmental Maps may, at its sole discretion, refuse the Content, and/ or remove Content from the Site at anytime.
7. Prohibited Content. By posting Content to the Site, you warrant that you have the right to post such Content. Users of this Site are strictly prohibited from the unauthorized use of third party content. The following provides a partial list of content which Judgmental Maps prohibits submission of content: i) that involves the transmission of junk mail, chain letters, or other forms of unsolicited mass mailing; ii) promotes information that is false, misleading or promotes illegal activities; iii) content or conduct that is abusive, threatening, obscene, libelous or defamatory; iv) unauthorized copies of another person’s copyrighted work; v) content which provides instructional information about illegal activities; vi) content that solicits passwords or personal identifying information for commercial or unlawful purposes; or vii) is irrelevant to the purposes of the Site.
8. Disclosure. Judgmental Maps may preserve and disclose any Content if required to do so by law or has a good faith belief that such preservation or disclosure is reasonably necessary to: i) comply with legal process; ii) respond to claims that any Content violates a third party’s rights; iii) protect the rights, property, or personal safety of Judgmental Maps, its Users, and the public.
9. Representations and Warranties.
By posting or uploading content to the Site, you represent and warrant that:
9.1 You own the content posted, or otherwise have rights to post content; and
9.2 Your content does not violate any privacy rights, publicity rights, trademark rights, copyrights, or other intellectual property rights of another; and
9.3 You agree to pay royalties and fees owing to any person by reason of any content posted to the Site, and agree to indemnify Judgmental Maps for any content posted which violates another’s intellectual property rights, by reason of content you posted to the Site;
9.4 Your Content does not and will not violate any law, statute, ordinance, or regulation and is not and will not be defamatory, libelous, threatening, pornographic, obscene, harmful to minors, violate child pornography or sexual exploitation laws, and does not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of Judgmental Maps or a third party;
9.5 You are over the age of eighteen (18), and if you are not, that you are an emancipated minor by Court Order;
9.6 You will indemnify, defend and hold Judgmental Maps harmless from any and all claims, liabilities, damages, losses and expenses, including without limitation, attorneys fees and expert fees and expenses, relating to any obligation imposed upon by law on Judgmental Maps to pay withholding taxes, society security, unemployment, or disability insurance, or similar items in connection with compensation received by you pursuant to this Agreement.
10. Disclaimers. Judgmental Maps is not responsible for the accuracy of Content posted on the site or in connection with any services offered, whether caused by its Users, or any equipment or programming associated or utilized in its Site and its services. Judgmental Maps is further not responsible for the conduct, either online or offline, of its users of the site. Judgmental Maps bears no responsibility for any error, omission, interruption, delay, or defect in operation or transmissions, or communications on the Site or its services. Judgmental Maps is not responsible for any technical malfunction of any telephone, network, or lines, computer system, servers, or providers including any injury that may occur to User’s personal computer’s resulting from use of the Site and its services. Under no circumstances shall Judgmental Maps be responsible or liable for any loss, damage, including personal injury, or death, resulting in the use of the Site or its services. The Site and its services, including its Printing Program, are provided “AS IS” and JUDGMENTAL MAPS expressly disclaims any warranty for fitness of particular purpose for non-infringement. JUDGMENTAL MAPS does not and cannot guarantee or make any promise of specific results from use of the Site and its services.
11. Limitation on Liability. IN NO EVENT SHALL JUDGMENTAL MAPS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNATIVE DAMAGES, INCLUDING LOST PROFIT ARISING FROM YOUR USE OF THE SITE AND ITS SERVICES, EVEN IF JUDGMENTAL MAPS HAS BEEN ADVISED OF SUCH DAMAGES. NOT WITHSTANDING ANYTHING TO THE CONTRARY, JUDGMENTAL MAPS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF FORM OF LEGAL ACTION, SHALL BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO JUDGMENTAL MAPS FOR THE SERVICE. YOU SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF CONTENT BY A THIRD PARTY, AND NOT FROM JUDGMENTAL MAPS.
12. Disputes. Any dispute regarding the Site and its services, you agree shall be governed by the Laws of the State of Texas, without regard to conflict of law provisions, and you agree that proper jurisdiction and venue shall be in the state and federal courts of the State of Texas, City of Austin.
13. Severability. If any provision of this Agreement is held to be invalid or unenforceable under any applicable law, such provision shall be deemed amended to achieve as near as possible as the same intent as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
14. Assignability. Judgmental Maps may assign its rights and responsibilities hereunder without notice to you the User.
15. Non-Waiver. The failure of a party to exercise or enforce any of its rights under this Agreement shall not constitute as a waiver to such provision. No waiver shall be enforceable unless agreed upon in writing by both parties, and any such waiver shall not constitute as a waiver of any other provision of this Agreement. Judgmental Maps failure to act upon any breach by you or others does not waive Judgmental Maps’ right to act with respect to a subsequent or similar breach.
16. General. No agency, partnership, joint venture, employee-employer or franchise-franchisee relationship is intended to be created by these terms. These Terms constitute the entire agreement between you and Judgmental Maps, and supersedes all other communications or agreements, written or oral, regarding the use of the Site and Services provided by Judgmental Maps
Judgmental Maps reserves the right to change this Agreement at any time, and the changes will be effective when posted to the Terms and Conditions, on our Site, or when we notify you by other means. We may also change or discontinue the Site or its services, in whole or in part. Your continued use of the Site indicates your agreement to the changes.