Content on the Services

The content on the Services includes maps, videos, images, photos, location information, branding (including trade names, trademarks, service marks, or logos), and other materials and data whether provided by you, Hivemapper or a third-party (collectively, "Content”). Content is the responsibility of the person or entity that provides it to the Services. Hivemapper is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the law or by misrepresenting map data, you can report it to us.

Eligibility

You must be at least 13 years old to use the Services. If you are under 18, you represent that you have your parent or guardian’s permission to use the Services. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Services, you are subject to the terms of this Agreement and responsible for your child’s activity on the Services. If you are using the Services on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

Hivemapper Accounts

Contributors to the Hivemapper Network will earn HONEY rewards as detailed in the company's “How It Works” document. Hivemapper does not guarantee that you will earn any HONEY tokens. Furthermore, HONEY tokens may have no value, and Hivemapper makes no promises or warranties as to the value of HONEY tokens.

Additionally, only original and authentic map content collected at a verifiable location will qualify for rewards. Any falsified or non-original content will not qualify and may result in banishment from the Service. HONEY rewards made to Contributors for map content that is later found to be in breach of this Agreement will be due back to Hivemapper, and will be automatically deducted from future rewards due.

Map Products

Customers use the Map Data Console to access Map Products derived from Mapping Network data. To use Map Products, customers must complete an order form and agree to the Master Subscription Agreement Terms and Conditions, available here.

API

The Hivemapper API is used by customers to gain access to derived content. In order to use the Hivemapper API a customer must complete the order form.

Your Information

Our Privacy Policy explains what information we collect and how we treat your personal data and protect your privacy when you use the Services.

Restrictions

There are certain types of conduct that are strictly prohibited on the Services. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at Hivemapper’s sole discretion) in the termination of your access to the Services and may also expose you to civil and/or criminal liability.

You may not, whether yourself or through any other means or person:

(1) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Services and/or Site, or in any way or publicly display, perform, or distribute them;

(2) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without without an Order Form with Hivemapper in place and subject to those terms;

(3) create a browser or border environment around the Content (e.g. no frames or inline linking);

(4) transmit or otherwise make available in connection with the Services and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

(5) interfere with or disrupt the operation of the Services and/or Site, or the servers or networks that host the Services and/or Site or make the Services and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

(6) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site without an Order Form with Hivemapper in place and subject to those terms;

(7) create a database by systematically downloading and storing all or any of the Content from the Service and/or Site without an Order Form with Hivemapper in place and subject to those terms;

(8) forward any Content from the Services and/or Site without an Order Form with Hivemapper in place and subject to those terms;

(9) transfer or assign your Services accounts’ password, even temporarily, to a third party;

(10) use the Services and/or Site for any illegal or unauthorized purpose;

(11) infringe or violate any of this Agreement

(12) directly or indirectly, use Hivemapper (or any product offered by Hivemapper from time to time) to track the location of any person (or property owned or used by that person) without that person’s consent.

Content on the Services

If you have a Hivemapper account, you may be able to upload Content to the Services. If you choose to upload Contributor Content, you attest to its locational accuracy and content authenticity. Additionally, you must not submit to the Services any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for your Contributor Content. Content can include, for example, dashcam video, still images, GPS information, etc. You assume sole responsibility for any Content you post and you alone are liable for the consequences when you post Content.

Forbidden Content

It is strictly forbidden to knowingly submit Content that inaccurately portrays any location. It is also forbidden to submit Content of a commercial nature (including advertising), unless such Content pertains to Hivemapper or the Services, and such Content strictly complies with these Terms.

Additionally, when you submit Contributor Content, you must make sure it is lawful. For example, you may not submit Content that:

(1) is manipulated in any manner that would lead to an incorrect map;

(2) attempts to trick people by providing false, incomplete, or manipulated content;

(3) is knowingly not collected at the location it claims to be at;

(4) attempts to reveal the identify other persons;

The foregoing examples of unlawful Content are made solely for illustrative purposes and do not constitute an exhaustive list of restricted Content.

Hivemapper may decline to publish, or immediately delete any Contributor Content you submit if you or the Content have violated this Agreement or if you engaged in a commission or omission that is harmful or may be harmful to the Services, its Users, Hivemapper or any of its agents or affiliates. In such cases, Hivemapper may also terminate your access to the Services or prevent you from posting additional Content on the Services. The provisions of this clause are made in addition to any rights afforded to Hivemapper by any law.

Contributor Content does not reflect the views of Hivemapper. Publishing or processing Contributor Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.

Generated Content

“Generated Content” means both: (1) the Content resulting from the processing from the Software and available to view on the website (“Map Content”); and (2) the corresponding data returned through the Hivemapper Map Data Console (“Map Products”). Except as expressly permitted to Customers who have a signed Order Form with Hivemapper, Users are allowed only to view and search Generated Content and are not permitted to download, export, copy, manipulate or mine any Generated Content.

Proprietary Rights to Content

Hivemapper and/or third parties retain ownership and/or other applicable rights in all Generated Content and all Content other than Contributor Content.

When you submit Contributor Content, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit Hivemapper to use the Content and exploit all intellectual property rights in and to the Content. Hivemapper receives no ownership rights in and to your Contributor Content. However, by submitting Content to Hivemapper, you hereby grant Hivemapper an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licenseable and transferable license to use, copy, distribute, and prepare derivative works from the Content. The license granted to Hivemapper in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at Hivemapper’s sole and absolute discretion. Other Users will not have access to your Contributor Content, though we reserve the right to change this in the future, in which case we will notify you prior to making your Content publicly available.

Removing Your Content

You may request to remove your Content from Hivemapper at any time, but removing such will not affect the Generated Content already created from your Content.

Removal of Content by Hivemapper

Hivemapper reserves the right to remove any Contributor Content that is found to be in breach of this Agreement.

Hivemapper Intellectual Property

As between the parties, Hivemapper owns and retains all right, title and interest in and to all of the Products, all improvements, modifications and derivative works of the foregoing, and all intellectual property rights in any of the foregoing. To the extent that Customer acquires any right, title or interest in or to any Product (including without limitation the Service), any deliverable, or any intellectual property rights therein, Customer hereby assigns to Hivemapper all such right, title and interest. Except for the licenses Hivemapper expressly grants to Customer hereunder, Customer is not provided with any license or right to the Products or the intellectual property rights therein, whether by implication, estoppel or otherwise. Customer is not granted any right to use any Hivemapper trademark, service mark, logo or trade name.

Feedback

Contributors and Customer, its authorized users and its other employees and agents may (but are not required to) provide Hivemapper with suggestions, comments or other feedback regarding the Products ("Feedback"). If Customer, its authorized users or its other employees and agents do provide Hivemapper with Feedback, then Hivemapper may, and you hereby grant Hivemapper a license to, freely use, disclose, reproduce, license, distribute and otherwise commercially exploit such Feedback in connection with any product, technology, service, specification or other documentation.

Export Control

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Hivemapper does not ship dashcams to such countries and does not allow residents of such countries to access Map Products.

Warranty Disclaimer

OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND HIVEMAPPER DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICES; (B) THE SPECIFIC FEATURES OF THE SERVICES, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICES.

Limitation of Liability

EXCEPT AS REQUIRED BY APPLICABLE LAW, HIVEMAPPER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

• ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICES;
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICES;
• ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES;
• ANY INTERRUPTION OR CESSATION OF THE SERVICES;
• ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY;
• ANY ACT, OMISSION, ERROR, OR NEGLIGENCE OF ANY THIRD PARTIES;
• ANY CONTENT WHETHER SUBMITTED BY A CONTRIBUTOR OR HIVEMAPPER, INCLUDING YOUR USE OF CONTENT; AND/OR
• THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

HIVEMAPPER AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT HIVEMAPPER HAS PAID TO YOU FROM YOUR USE OF THE SERVICES IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO HIVEMAPPER, OF THE CLAIM; AND (B) USD $500.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Hivemapper, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Services.

Third-Party Service Providers and Devices

The Services may require or recommend third party online services that are not owned or controlled by Hivemapper. Hivemapper has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Services; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

Modifications to the Services

Unless expressly prohibited in an Order Form with you, Hivemapper may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service’s features, the user interface and design, the extent and availability of the Content in the Services and any other aspect related to the Services. Unless permitted in an Order Form with you, you will have no claim, complaint or demand against Hivemapper for applying such changes or for failures incidental to such changes.

Governing Law

All claims arising out of or relating to this Agreement or the Services will be governed by California law, without regard to conflict of law rules and will be litigated exclusively in the federal or state courts of San Francisco County, California, USA. You and Hivemapper consent to personal jurisdiction in those courts.

Assignment

You may not assign or transfer your rights in and to the Services, without the prior written consent of Hivemapper. Hivemapper may assign its rights in and to the Services to a third party at its sole and absolute discretion, provided that the third party undertakes Hivemapper’s obligations to you under this Agreement.

Complete Terms

These Terms, together with the policies that are an integral part of these Terms, namely the Privacy Policy, shall all constitute the entire and complete agreement between you and Hivemapper concerning the Hivemapper Services. In the event of an inconsistency between this Agreement and the synopsis of terms presented to the user during Software installation, these Terms shall prevail.