Terms of Service
Welcome to Hivemapper. We developed a mapping and navigation service to make it easy for drone fliers to plan better, explore further, and fly safer.
We have tried to draft the Terms of Service to be readable, but should you have any questions or concerns or would simply like to better understand how we do things at Hivemapper please do not hesitate to contact us: firstname.lastname@example.org.
1. Accepting the Terms of Service
The Services are offered and available to users who are 14 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
2. Modifications to this Agreement
Hivemapper reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally via email where practicable, and otherwise through the Services (such as through a notification on hivemapper.com or in our mobile applications). All changes are effective immediately when we post them. Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.
In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective twelve hours after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
As Hivemapper grows and improves, we might have to make changes to these Terms of Service. When we do, we'll let you know. You will always be able to see old versions of the terms.
3. Access and Use of the Services
No individual under the age of thirteen (18) may use the Services, provide any personal information to Hivemapper, or otherwise submit personal information through the Services (including, for example, a name or telephone number). You may only use the Services if you can form a binding contract with Hivemapper and are not legally prohibited from using the Services.
You have to be at least 18 years old to use Hivemapper. We're serious: it's a hard rule, based on U.S. federal and state legislation. If you really really love drones ask your parents to create an account and fly with them.
Service Changes and Limitations:
The Services change frequently, and their form and functionality may change without prior notice to you. Hivemapper retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Hivemapper may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Hivemapper may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). Hivemapper may also terminate or suspend Accounts (as defined below) at any time, in its sole discretion with or without notice.
Restrictions on Use
You may not, without express prior written permission, do any of the following while accessing or using the Services: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of Hivemapper and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) or unless permitted by Hivemapper's robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Map Content (as defined below) from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services; (g) copy, modify, or make derivative works of the Content or any part thereof; (h) use the Services in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to numerical latitude or longitude coordinates, imagery, and visible map data; (i) use the Services in any manner that could disable, overburden, damage or impair the computer or delivery systems of Hivemapper and/or its service providers; (j) use any device, software or routine that interferes with the proper working of the Services, or the computer or delivery systems of Hivemapper and/or its service providers; or (k) introduce any viruses, Trojan horses, worms, logic bombs or other materials which are malicious or technologically harmful.
Don't do bad things to Hivemapper or to other users. Some particularly egregious examples of "bad things" are listed in this section.
Appropriate Conduct; Compliance with Law.
You agree that you are responsible for your own conduct and content while using the Services, and for any consequences thereof. You agree to use the Services only for purposes that are proper and in accordance with all laws and regulations applicable to you. By way of example, and not as a limitation, you agree that when using the Services or the Content, you will not:
We don’t want to list users who don’t want to be listed, so you may send an email to email@example.com stating that you do not wish to be used as a reference.
5. Map Content and Subscriber Content
For purposes of this Agreement: (1) the term "Map Content" or “Content” means map information and includes, without limitation drone videos, flight logs, building heights, building boundaries, comments, information, data, text, software, scripts, executable files, graphics (2) the term "Subscriber Content" means Content that a Subscriber submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all Subscriber Content.
Subscriber Content Rights:
Subscribers retain ownership and/or other applicable rights in Subscriber Content, and Hivemapper and/or third parties retain ownership and/or other applicable rights in all Map Content other than Subscriber Content. When you share things like Waypoint Photos, Comments, etc. you retain ownership you have of any intellectual property you share with Hivemapper.
Subscriber Content License to Hivemapper:
When Subscribers send us or share any feedback or suggestions regarding the Services, you grant Hivemapper an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.
When you provide Subscriber Content to Hivemapper through the Services, you grant Hivemapper and its affiliates and service providers, and each of their respective licensees, successors and assigns, a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly 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, such Subscriber Content for any purpose directly or indirectly related to the conduct of Hivemapper’s business.
When you upload your drone video to Hivemapper, you’re giving us permission to make them available in all the ways you would expect us to (for example, via hivemapper.com, in the Hivemapper mobile apps, and on 3rd party website to promote Hivemapper). Any royalties or reimbursement you get for your content are, needless to say, entirely yours.
You also agree that this license includes the right for Hivemapper to make all publicly-posted Content available to third parties selected by Hivemapper, so that those third parties can syndicate and/or analyze such Content on other media and services.
An example of what it means to "make all publicly-posted Content available" to a Hivemapper partner for distribution or analysis would be licensing the Hivemapper videos and maps a live feed of all public activity on Hivemapper, to search engines.
One thing you should consider before uploading drone videos: When you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it. You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Subscriber Content you transfer to us.
Additionally, you understand and acknowledge that you are responsible for any Subscriber Content you provide, and you, not Hivemapper, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Hivemapper is not responsible, or liable to any third party, for the content or accuracy of any Subscriber Content provided through or otherwise in connection with the Services.
Termination and Deletion:
On termination of your Account, or upon your deletion of particular pieces of Subscriber Content from the Services, Hivemapper shall make reasonable efforts to make such Subscriber Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) removed Subscriber Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the Subscriber Content may not be entirely removed (due to the nature of referencing this content in comments).
6. Use of Trademarks
Any use of Hivemapper trademarks, branding, logos, and other such assets in connection with the Services shall use Hivemapper approved logos.
7. Warranty Disclaimer; Services Available on an "AS IS" Basis
Your access to and use of the Services or any Content is strictly at your own risk and risk to your drone aircraft. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, HIVEMAPPER DISCLAIMS ALL WARRANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Hivemapper makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be error-free, timely, uninterrupted or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Hivemapper also makes no representations or warranties of any kind with respect to Map Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from Hivemapper or through the Services, will create any warranty not expressly made herein. Furthermore, Hivemapper makes no representations or warranties about the completeness, security, reliability, quality, accuracy or availability of the Services.
While we work really really hard to provide and improve the accurate, this is a reminder that it is not a 100% accurate and never will be.
8. Time Limitation on Claims and Releases From Liability
You agree that any claim you may have arising out of or related to this Agreement or your relationship with Hivemapper must be filed within three months after such claim arose; otherwise, your claim is permanently barred. You further release, to the fullest extent permitted by law, Hivemapper and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, Hivemapper from responsibility, liability, claims, demands, actions, causes of action, proceedings, penalties and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:
Disputes between Subscribers, including those between you and other Subscribers.
The acts of third parties generally (i.e., individuals or entities who are not Hivemapper), including third party sites and services.
Disputes concerning any use of or action taken using your Account by you or a third party.
Claims relating to the unauthorized access to any data communications relating to, or Content stored under or relating to, your Account, including but not limited to unauthorized interception, use, or alteration of such communications or your Content. For the sake of clarity, this includes any and all claims related to the security of your Account credentials.
Claims relating to any face-to-face meetings in any way related to Hivemapper at any venues ("Meetups"), including without limitation claims related to the actions or omissions of any Subscribers or third parties who organize, attend, or are otherwise involved in any Meetups; Unless otherwise expressly disclosed in writing, Hivemapper does not sponsor, oversee, or in any manner control Meetups.
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."
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIVEMAPPER SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: DRONE AIRCRAFT, DRONE EQUIPMENT, MOBILE DEVICE, OR OTHER TANGIBLE LOSSES (C) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (D) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (E) PROPERTY OR BODILY DAMAGES RELATING TO ANY USE OF HIVEMAPPER OR ITS CONTENT OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (F) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT HIVEMAPPER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF HIVEMAPPER, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
Either party may terminate this Agreement at any time by notifying the other party. Hivemapper may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Hivemapper may immediately terminate or suspend Accounts that have been flagged for inappropriate comments, sharing inappropriate content, and/or unsafe use of their drone aircraft.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Hivemapper or any third party.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS HIVEMAPPER AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
12. Choice of Law and Forum; Geographic Restrictions
The owner of the Services is based in the State of California in the United States. We make no claims that the Services are accessible or appropriate outside of the United States. Access to and/or use of the Services may not be legal by certain persons in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws.
13. Dispute Resolution
In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim arising out of or relating in any way to your use of the Services or these Terms of Service, and the formation, validity, enforceability, scope, or applicability of this Terms of Service will be resolved as follows:
Informal Resolution. We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 10.4 below) for at least 30 days after one of us notifies the other of a Claim in writing. Notice of the Claim will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You will send your notice via email to firstname.lastname@example.org and via mail to Hivemapper Inc., 1400 Rollins Road Suite L, Burlingame, CA, 94010, Attn: Legal Department.
Formal Resolution: If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. The arbitration will be conducted under the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the "JAMS Rules") and under the rules set forth in this TOS. If there is a conflict between JAMS Rules and the rules set forth in this TOS, the rules set forth in this TOS will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity.
Any notice to Hivemapper that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier, registered or certified mail, postage prepaid, to Hivemapper Inc., 1400 Rollins Road Suite L, Burlingame, CA, 94010, Attn: Legal Department.
If you are (a) a United States federal, state, or local government agency or body, (b) using the Services in your official capacity, and (c) legally unable to accept the clauses in this Section, then this Section doesn't apply to you. For such entities, this Agreement and any related action will be governed by the laws of the United States of America, without regard to conflict of law provisions, and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California, excluding choice of law.
14. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Hivemapper’s Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Hivemapper’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Hivemapper Inc.
1400 Rollins Road Suite L
Burlingame, CA 94010
By email: email@example.com
16. Open Source Disclosures
You can find disclosures related to our use of open source software packages here
17. Link to Prior Versions
You will find prior versions of our Terms of Service on GitHub, which will allow you to compare historical versions and see which terms have been updated.