Terms & Conditions

Last updated: August 28, 2021

PLEASE READ THESE TERMS AND CONDITIONS TOGETHER WITH OUR PRIVACY POLICY (COLLECTIVELY, “THE TERMS”) CAREFULLY BEFORE USING MAPSCRATCHED’S SERVICES (COLLECTIVELY, “THE SERVICES”) WHICH INCLUDE BUT ARE NOT LIMITED TO MAPSCRATCHED WEBSITE, MOBILE AND WEB APPLICATIONS, PRODUCTS AND SERVICES.

BY SIGNING UP TO OUR PLATFORM AND/OR BY ACCESSING AND USING OUR SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT UNDERSTAND AND AGREE TO ALL OF THE TERMS, YOU SHOULD NOT CLICK “CREATE ACCOUNT” AND PROMPTLY REFRAIN FROM ANY FURTHER USE OF THE APP OR SERVICES.

Interpretation

Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where 'control' means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: United Kingdom

Company (referred to as either 'the Company', 'We', 'Us' or 'Our' in this Agreement) refers to MapScratched Ltd., London.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Service refers to the Website.

Terms and Conditions (also referred as 'Terms') mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Services.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 14. The Company does not permit those under 14 to use the Service.

MapScratched is a constantly evolving web and mobile application, and we work hard to make sure the experience is as relevant and intuitive as possible for our users. With new features launching all the time, we need flexibility to make changes, impose limits and occasionally suspend or terminate certain functionality at anytime.

Brands and companies may use MapScratched at their own discretion but at this point, we do not explicitly provide for these types of users on our Services. However, optimising MapScratched for commercial use is definitely on our roadmap for the near future so we’ll keep you posted.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Content Ownership and Conduct

Any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on MapScratched, is referred to as “User Content”. All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. We may, but are not required to monitor or control the User Content posted via MapScratched and we cannot take responsibility for such User Content. Any use or reliance on any User Content or materials posted via MapScratched or obtained by you through MapScratched is at your own risk

We do not endorse, represent or guarantee the completeness, truthfulness or reliability of any User Content posted via MapScratched or endorse any opinions expressed via MapScratched. We constantly try to provide the most accurate and reliable content by verifying and moderating user-produced content.

If you choose to submit ideas, comments or feedback to us, you agree that we are free to use them without any restriction or compensation to you.

You agree not to publish content that is:

  • Discriminatory, obscene, pornographic, overtly sexual, defamatory
  • Liable to incite racial hatred, in breach of confidentiality or privacy
  • Explicit graphic content such as child abuse, animal abuse, self-abuse or bodily harm to others
  • Aimed to encourage dangerous, violent or illegal activities
  • May cause annoyance or inconvenience to others
  • Considered spam, malware, spoofing or phishing or that may result in a user not being able to log into their account or have their account locked or compromised
  • Encourages or constitutes conduct that would be deemed a criminal offense
  • Gives rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Services are being used
  • Content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data

Copyright

MapScratched has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”) (http://www.copyright.gov/legislation/dmca.pdf).

By using MapScratched’s Services users agree to respect the intellectual property rights of others and only generate original content or content that has not been copied without the user’s permission and does not constitute copyright infringement.

MapScratched respects the intellectual property rights of others and asks its users to do the same. Those who are repeatedly charged with infringing these rights, will have their accounts terminated at the complete discretion of MapScratched, and without liability to the user.

The process below is intended to be consistent with the DMCA, and does not constitute legal advice. It is recommended you consult an attorney regarding any copyright or other legal issues.

Copyright Notification:

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit an email providing the following information to mapscratched@gmail.com with the subject ‘Copyright Notification’

  1. Identification of the content being infringed.
  2. Identification of the content that is claimed to be infringing.
  3. Contact information for the notifying party (“Notifying Party”), including name, address, email address and phone number.
  4. A statement that the Notifying Party has good faith belief that the disputed use of the copyrighted material is not authorised by the copyright owner, its agent or the law (e.g. as a fair use). (Please note that you may be liable for damages, costs and attorney’s fees if you materially misrepresent that material is infringing).
  5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that has allegedly been infringed.
  6. Acknowledgement that a copy of the notice, including contact information, may be forwarded to a user associated with the accused content.
  7. A physical or electronic signature of the Notifying Party.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify and hold MapScratched and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any and all claims, damages, liabilities demands, losses and expenses (including legal fees) arising out of your content, your use of the Services, your violation of these Terms, or your violation of any rights of another party.

'AS IS' and 'AS AVAILABLE' Disclaimer

‍Your access to and use of the Services or any User Content is at your own risk. The Skratch services and all included content are provided on an “as is” and “as available” basis without warranty of any kind, whether express or implied.

The Service is provided to You 'AS IS' and 'AS AVAILABLE' and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

No advice or information, whether oral or written, obtained from MapScratched or through the Services, will create any warranty not expressly made herein.

All information on MapScratched is of a general nature and is furnished for you knowledge and understanding, and as an informational resource only.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in. Accordingly, neither of us may start a formal proceeding for at least 90 days after one of us notifies the other of any legal or equitable claim in writing.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a 'terrorist supporting' country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: mapscratched@gmail.com

By visiting this page on our website: mapscratched.com