Your acceptance of these Terms is required in order for you to access and use the Mapillary Solution. By registering with Mapillary, or by using the Mapillary Solution in whole or in part, you are entering into a legally binding agreement with us. Please read these Terms carefully. If you do not agree to these Terms, you cannot use the Mapillary Solution. We reserve the right at our discretion to propose modifications to these Terms periodically. We will notify you of such changes via an email sent to the email address we have on file for you or via other notification mechanisms. Your continued use of and access to the Mapillary Solution after notice of such modifications indicates your acceptance of and agreement to the modified Terms. If you violate any of these Terms, your permission to use the Mapillary Solution automatically terminates, unless such violation is waived by us in writing in our sole discretion.
You acknowledge that use of the Mapillary Solution requires connection to, and data transfers over, the network and therefore may impact your data usage charges imposed by your wireless operator or other service provider. It is your responsibility to obtain at your cost all equipment, software and internet access necessary to use the Mapillary Solution.
"App": the Mapillary smartphone application available for download on third party application stores such as iTunes and Google Play.
"Business", "Business Purpose", "Commercial Purpose", "Personal Information", "Sell", "Sale" and "Service Provider" have the meanings defined in the California Consumer Privacy Act ("CCPA").
"Capture Projects": the Services described in Section 1.5 when you capture Content on behalf of an Organization.
"Commercial Use": any commercial or data enhancement activity, including: (a) charging for access to the Service or Content or for the Service's functionality or data directly or indirectly; (b) utilizing the Service in any commercial website or application or in support of any commercial for-profit activity, or in support of the operations of any for-profit business; (c) using Content to improve any product, service, website, application, software, dataset, solution, or technology, (d) utilizing the Service as a private repository; or (e) emulating or framing the Service and passing it off as your own.
"Commercial Use Supplement": the Mapillary terms which govern Commercial Use of the Mapillary Solution, found here.
"Content": images, maps, photos, video, audio, documents, edits, variations, layers, messages, polls, queries, posts, comments, signals, votes, ratings, rankings, and any other text, content, information or data, including Metadata, created, derived from or accessible via use of the Mapillary Solution, or otherwise made available by and to Mapillary Users, including any of the foregoing provided by a Mapillary User or by us.
"Intellectual Property Rights": patents, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
"Mapillary": Mapillary AB, a corporation organized under the laws of Sweden. In these Terms, Mapillary is referred to by "us", "we" or "our", as applicable.
"Mapillary Solution": the App, the Site and the Services.
"Mapillary User": you and any other user of the Mapillary Solution.
"Metadata": data and information associated with or related to Content, including numerical latitude or longitude or similar coordinates, imagery, data derived from within images (such as without limitation street signs, landmarks, building names, etc.), and data generated by the capture of images (such as without limitation geolocation, time and date, network and system information, etc.).
"Non-Commercial Use": any activity that is not Commercial Use, including personal, individualized use by a single person, and the use of a reasonable number of widgets in websites displaying Mapillary Content as an ancillary, and not as a primary, feature in accordance with our Developer Usage Policy. You may ask us whether a certain use is Non-Commercial Use via email sent to firstname.lastname@example.org.
"Organization": any entity or individual who has registered as an Organization when using the Mapillary Solution.
"Image License": the Creative Commons Share Alike (CC BY-SA) license in regards to imagery available here.
"Services": the services, features, application programming interfaces (APIs), and functionality accessible via use of the Site and the App, including functionality for the provision, modification, display, and management of Content.
"Site": Mapillary.com and any web pages that are a part of Mapillary.com.
"You" or "your": the individual using the Mapillary Solution, or clicking "accept" or "agree" where indicated, and thereby becoming bound by these Terms, and the company or other legal entity represented by such individual, or for whom such individual uses the Mapillary Solution, and all affiliates thereto.
1.0 ACCESS AND LICENSED RIGHTS
1.2 Commercial Use. You may not use the Mapillary Solution for any Commercial Use except as separately agreed between us in a signed writing. Other than for your Non-Commercial Use, or as otherwise permitted by the Outbound Terms, you may not use, sublicense, transfer, distribute, make derivative works of, or make available, the Service or Content. Such activity is not licensed or authorized under these Terms and if undertaken may result in pursuit of all available remedies for Intellectual Property Rights (including for copyright infringement), the availability of which you hereby acknowledge.
1.3 Mapillary User Licenses to Us. You and each Mapillary User hereby grant to us the perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sub-licensable, non-exclusive right and license to use, reproduce, modify, create derivative works of, perform, display and distribute without restriction (including via any medium) Content, in whole or in part, for commercial and non-commercial purposes, including (a) for purposes of providing, developing, improving, making available (including via public search engines), promoting and marketing the Mapillary Solution and (b) making available Mapillary User Content under the Commercial Use Supplement. You agree that when capturing and uploading Content, you are providing services to us pursuant to these Terms, and that you are entitled to no payment or fee for such services. Further, you agree that we are free to use and implement in perpetuity without compensation, attribution or obligation to you any feedback, benchmarks, requirements, suggestions, criticisms, improvements, recommendations, ideas, and error corrections provided by you to us relating to the Mapillary Solution.
1.4 Reservation of Rights. No other right or license to the Mapillary Solution or Content is provided, and no other license will be implied, by course of conduct or otherwise. We grant no right or license with respect to our patents. Each Mapillary User retains all right, title and interest in and to such Mapillary User's Content, and all associated Intellectual Property Rights, subject to these Terms. Subject to these Terms, we retain all right, title and interest in and to the Mapillary Solution and our Content, and all associated Intellectual Property Rights. Except as expressly authorized by these Terms and the Outbound Terms, you will not use, reproduce, or distribute Content not authored by you. The user interface, user experience, icons, presentation layer and elements, terminology, gamification, reports, layouts, and screen displays of or generated by the Mapillary Solution are our copyrightable content, our trade dress and our trademarks and service marks, and will not be reproduced, distributed, or displayed except for your internal use and not for external use or exploitation.
1.5 Capturing on behalf of Organization. If you capture Content on behalf of an Organization, both you and the Organization grant Mapillary a license in accordance with Section 1.3 above. We assume that there are agreements in place between you and the Organization that regulates the ownership of the Content and that you have the right to contribute the Content to Mapillary under these Terms.
2.0 TERMS APPLICABLE TO CONTENT
2.1 Specific Prohibited Uses. You will not (a) use the Mapillary Solution in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including Metadata; (b) delete, obscure, or in any manner alter any message, warning or link that appears in the Mapillary Solution or the Content; (c) use the Mapillary Solution or Content in whole or in part with any products, systems, or applications for or in connection with (i) real-time navigation or route guidance, including but not limited to turn-by-turn route guidance that is synchronized to the position of a user's sensor-enabled device; or (ii) any systems or functions for automatic or autonomous control of vehicle or device behavior; (d) use the Mapillary Solution or Content to create a database of places or other local listings information, except as expressly permitted by us as described on the Site; or (e) make any attempt to re-identify any individual whose identity has been obscured in the Content.
2.2 Handling of Your Content. The App temporarily stores your Content in a manner such that deletion or malfunction of the App or malfunction of the Device on which the App is installed may result in the permanent deletion of your Content. Content is not uploaded and stored on our servers until the Content is uploaded via the upload mechanism in the App. Once your Content is uploaded, all Content locally stored on your device is deleted permanently. We may at any time filter, alter, modify, crop, or delete such Content in whole or in part before making it available on the Site and via the Service in our sole discretion, including in order to render the Content suitable for use on the Mapillary Solution. We are under no obligation to publicly display Content that is posted to private repositories, or that is hidden by election of the contributing Mapillary User. To the extent possible under applicable law, you hereby waive any moral, neighbouring or other rights you may have (including rights in the nature of attribution, integrity, privacy, paternity, and rights to object to derogatory treatment) in your Content that would otherwise preclude us from filtering, altering, deleting, or using, copying or distributing, in accordance with these Terms, your Content. You acknowledge and agree that we may continue to store, display and otherwise exercise the rights set forth in section 1.3 above with respect to your Content even after termination, deactivation, or archiving of your account using a random ID to anonymize the Content so it cannot be linked to you.
2.3 Propriety of Content. All Content, whether publicly posted on or privately transmitted within private groups, is the sole responsibility of the Mapillary User from which such Content originated. No Mapillary User will transmit Content or otherwise conduct or participate in any activities on or via the Mapillary Solution which, in our sole judgment, is likely to be prohibited by law, or is violative or in breach of third party rights in any applicable jurisdiction, including without limitation laws governing libel and defamation, encryption of software, the export of technology, the transmission of obscenity or the permissible uses of Intellectual Property Rights. You represent and warrant that all Content you submit is accurate and not misleading to the best of your knowledge, is not confidential or privileged, and is not in violation of third party rights. We may, in our sole discretion, terminate the Services as to any Content that we believe in our sole judgment is not in compliance with these Terms. We may preserve and disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or safety of Mapillary, Mapillary Users and/or the public.
2.4 Prohibited Content. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content, or otherwise engage in any activity in connection with the Mapillary Solution, that:
(a) is hateful, offensive, libelous, defamatory, obscene, abusive, pornographic, lewd, erroneous, stalking, or threatening;
(b) depicts injured or severely sick people, or acts of violence;
(c) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
(d) constitutes infringement or misappropriation of the Intellectual Property Rights of any party, including rights to the use of name and likeness, or violation of a right of privacy;
(e) creates an impression that is incorrect, misleading, or deceptive, including without limitation by impersonating others or by otherwise misrepresenting identity or affiliation with a person or entity; or
(f) divulges other people's private or personally identifiable information without their express authorization and permission (for example capturing pictures of people in private settings, such as in their homes) or more generally capturing images of individuals where they would have a reasonable expectation to privacy, including but not limited to individuals in or around private property, private roads or sensitive areas (e.g. schools, hospitals, places of religious worship).
(g) results in images of children being available on the Mapillary Solution.
2.5 Use of Content. Each Mapillary User, by using the Mapillary Solution, may be exposed to Content that is offensive, indecent, objectionable, illegal, infringing, false or erroneous. Each Mapillary User must evaluate, and will bear all risks associated with, the use of any Content, including any reliance on the quality, integrity, accuracy, completeness, or usefulness of such Content. We may refuse or delete any Content, including Content of which we become aware that fails to fulfill the purpose of the Services, is in breach of these Terms, is otherwise contrary to law, or is otherwise inappropriate in our discretion. We do not guarantee the accuracy, integrity or quality of any Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, liability for any errors, inaccuracies, or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content. We will have no obligation or liability to you or any Mapillary User to maintain, store, or license Content, protect and maintain Content owners' Intellectual Property Rights, or to enforce these Terms. You hereby waive and release any claims you may have against us arising or resulting from use or misuse of Content or your inability to effectively use Content, your failure to comply with these Terms, or for any act, omission, or conduct of any Mapillary User. If you as a user of the Mapillary Solution, sees Content that you consider inappropriate in any way, please inform us and identify how the Content in question fails to comply with these Terms by sending an e-mail to email@example.com and we will look in to the issue and delete any Content found in our discretion to be in conflict with these Terms.
2.6 Third Party Sites. The Mapillary Solution, Mapillary Users, or a third party may provide links to other websites or login access via such links. Such links will not be construed as an endorsement, sponsorship, or affiliation by us. We exercise no control over such other websites and web-based resources and are not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. We will not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection such other sites and resources.
2.7 Blurring of Content To the extent that, for purposes of the CCPA, you are a Business and you share with us Content containing Personal Information that would otherwise constitute a Sale:
3.0 SIGN-ON CREDENTIALS
3.1 Sign-On Credentials. When creating an account, you will receive or will be permitted to create or use existing online user name and password information ("Sign-On Credentials"), and are wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring under such Sign-On Credentials. You will not transfer to any party your Sign-On Credentials, or use the Sign-On Credentials of another, without our prior written consent. You will immediately notify us at firstname.lastname@example.org of any unauthorized use of Sign-On Credentials or any other breach of security. We will not be liable for any loss or damage arising from a Mapillary User's failure to comply with this section or from unauthorized use of the Sign-On Credentials.
3.2 Change of Username. We may require you, as a condition of membership, to change your username 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).
4.0 SITE INTEGRITY
4.1 Prohibited Uses. You will not use the Mapillary Solution in any manner that could damage, disable, overburden, or impair any Mapillary-controlled server, or the network(s) connected to any such server, or interfere with any other party's use and enjoyment of the Mapillary Solution, including without limitation falsifying or altering Content posted by others except via normal and intended operation of the Services. You may not attempt to gain unauthorized access to other accounts, computer systems or networks connected to any of our servers or to any of the Services, including through hacking, password mining or any other means, or exploit bugs or vulnerabilities in the Mapillary Solution. You are prohibited from violating or attempting to violate any security features of the Mapillary Solution, including, without limitation, (a) accessing Content not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Mapillary Solution, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with Services to any Mapillary User, user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (d) using the Site or Service to send unsolicited email or messages, including, without limitation, promotions, or advertisements for products or services; (e) publishing or linking to malicious Content intended to damage or disrupt another Mapillary User’s browser or computer or to compromise a Mapillary User’s privacy or anonymity; (f) forging any TCP/IP packet header or any part of the header information in any email or in any posting; (g) accessing or tampering with non-public areas of the Site or Service, our computer systems, or the technical delivery systems of our providers; (h) accessing or searching or attempting to access or search the Mapillary Solution by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by us (and only pursuant to these Terms), unless you have been specifically allowed to do so in a separate agreement with us; (i) deep-linking to the Site for any purpose (ie, posting a link to a Site web page other than the home page) except as otherwise expressly permitted by us on the Site; or (j) removing or obscuring any form of advertising or displayed via the Mapillary Solution.
4.2 No Harvesting or Crawling. You will not engage in harvesting or other collection of information about other Mapillary Users, including email addresses, without our prior and each such Mapillary User's prior written consent. You agree not to "crawl" the Mapillary Solution or use or launch any automated system, including without limitation, "robots", "spiders", etc. that accesses the Mapillary Solution or pulls Content therefrom (other than those used by public search engine providers for the sole purpose of creating publicly available searchable indices. You also acknowledge that the breach or circumvention of any technical obstacle implemented by us to prevent actions as set out above in itself is not allowed.
4.3 No Framing. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services on the Site. The Site and Services are for your Non-Commercial Use only, except as may otherwise be agreed by us in a separate signed writing. Without limiting the generality of the foregoing, you will not publish, distribute or transmit to the general public via any medium, whether via print, online, or otherwise, the Content (other than your own) or Services, except through the Site or as otherwise authorized by these Terms or by us, you will not engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Mapillary Solution, and you will not send messages purporting to be from us. You will not remove or attempt to obscure any copyright, trademark or other proprietary rights notices contained in or on the Site or associated with the Services, including ours and our licensors.
4.4 Account Data. While we will endeavor to back up Site and Service data and make such data available in the event of loss or deletion, we have no responsibility or liability for the deletion or failure to store any Content. You acknowledge and agree that your Content shall not be retrievable or accessible except via your authorized use of the Services and that we are under no obligation to compile and return to you your Content, including if Services terminate for any reason or if you elect to deactivate your account. We reserve the right to mark as "inactive" and archive accounts and/or streams, queries, projects, forums, discussions or similar interactions that are inactive for an extended period of time. Further, you acknowledge that we may monitor and collect information (including but not limited to technical and diagnostic information) about your usage of the Mapillary Solution in order to improve the Mapillary Solution and to verify compliance with these Terms.
4.5 Notifications to Us. If you believe that you are entitled or obligated to act contrary to these Terms under any mandatory or applicable law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least thirty days before you so act, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
4.6 Notifications to You. For purposes of service messages and notices about the Services to you, we may place a banner notice across Site pages to alert you to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you in relation to your account and otherwise in relation to these Terms through your account or through other contact information you have provided to us, including email, mobile number, telephone, or delivery services including the postal service. You acknowledge and agree that we will have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4.7 Network Security Risks. Because no online system is perfectly secure or reliable, the internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured, you accept security risks associated with or arising from your use of the Mapillary Solution, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
5.0 DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
5.1 Disclaimer. EACH MAPILLARY USER'S USE OF THE MAPILLARY SOLUTION AND CONTENT IS AT HIS OR HER SOLE RISK. THE MAPILLARY SOLUTION AND CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY, CURRENCY, TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE OR DISPLAY ANY CONTENT, MAPILLARY USER COMMUNICATIONS, PERSONALIZATION SETTINGS, OR OTHER INFORMATION OR DATA. EACH MAPILLARY USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM AND WE WILL HAVE NO LIABILITY FOR ANY LOSS OF PROFIT, OPPORTUNITY, REVENUE, ADVANTAGE, INFORMATION OR DATA THAT RESULTS FROM USE OF THE MAPILLARY SOLUTION OR CONTENT. TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Specifically, we make no warranty that (a) the Mapillary Solution or Content will meet your requirements, goals or needs, (b) Mapillary Solution or Content access will be uninterrupted, timely, secure or error-free, or (c) any errors or deficiencies in the Mapillary Solution or Content will be corrected. Further, scheduled and preventive maintenance, required and emergency maintenance work, or disruption of services from internet service and hosting providers, may interrupt the functioning of or access to the Mapillary Solution.
5.2 Liability Limitation. EXCLUDING ONLY DAMAGES ARISING OUT OF OUR LIABILITY FOR OUR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR ANY OTHER LOSS FOR WHICH WE CANNOT LAWFULLY EXCLUDE LIABILITY, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR INABILITY TO USE THE MAPILLARY SOLUTION AND ANY CONTENT; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED DISPLAY, ACCESS TO OR DELETION OR ALTERATION OF CONTENT, INFORMATION OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR ANY OTHER MATTER RELATING TO US, THE CONTENT OR THE MAPILLARY SOLUTION. EXCLUDING ONLY OUR LIABILITY FOR OUR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR ANY OTHER LOSS FOR WHICH WE CANNOT LAWFULLY LIMIT LIABILITY, ANY LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED IN THE AGGREGATE TO THE GREATER OF $10 OR ALL AMOUNTS PAID BY YOU TO US DURING THE TWELVE-MONTH PERIOD PRECEDING THE OCCURRENCE OF THE CLAIM OR INCIDENT. The foregoing limitations and exclusions apply to the maximum extent permitted by applicable law.
5.3 Indemnification. You agree to defend, indemnify, release and hold harmless us, our suppliers, and all officers, directors, employees, consultants, agents, and representatives of any of the foregoing (collectively "Protected Parties") in full from and against any and all claims (including third party claims), losses, liability, damages, and/or costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with: (a) your unauthorized access to or use of, the Mapillary Solution or Content, (b) your breach of these Terms, (c) your use of Content or conduct engendered thereby, and any activities you conduct on or through the Mapillary Solution, or (d) your infringement of misappropriation, or infringement or misappropriation by any other user of your account, of any Intellectual Property Rights or other rights of any person or entity. Further, in the event you have a dispute with one or more Mapillary Users, you hereby release the Protected Parties from claims, demands and damages (actual, direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseeable and unforeseeable, arising out of or in any way connected with such disputes.
FOR CALIFORNIA, USA RESIDENTS: You further agree that these Terms waive and release any claims that would otherwise be preserved by operation of section 1542 of the California Civil Code, which provides: "A general release does not extend to claims the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You understand that you are releasing us from all claims, whether known or unknown to you, and whether or not you suspect that those claims may exist at this time.
6.0 PERSONAL DATA AND JOINT DATA CONTROLLER ARRANGEMENT
6.1 Joint Controllers. Within the scope of Capture Projects, Mapillary and the Requester/Organization have a joint interest and purpose with the capturing and uploading of the Content. Since Mapillary and the Requester/Organization jointly determine the purposes and means of this data processing, the parties are considered joint controllers in regard to that personal data processing operation to the extent that the GDPR applies(e.g. individuals acting in their purely personal or household capacity as Requester do not have data controller responsibility according to the GDPR and is thus not considered a joint controller with Mapillary)Joint controllers are, according to Article 26 of the GDPR, to determine their respective responsibilities for compliance with the obligations under the GDPR by means of an arrangement (the "Arrangement"). By accepting these Terms, the Requester/Organization acknowledges that Section 6 of these Terms constitutes that arrangement and enters into an Arrangement in order for Mapillary and the Requester/Organization to comply with Article 26 of the GDPR.
6.2 When the Arrangement applies. This Arrangement only applies to the processing of personal data within the scope of ] Capture Projects. All other processing activities of the parties fall outside the scope of this Arrangement and are the responsibility of the respective party.
6.3 Accountability. Mapillary and the Requester/Organization shall maintain documentation to evidence compliance with this Section 6. In particular, both Mapillary and the Requester/Organization shall maintain its own record of processing activities and where applicable state that processing of personal data is subject to joint controllership.
6.4 Legal basis. Subject to the restrictions set out in 2.4(f) and (g), it is the responsibility of Mapillary and the Requester/Organization respectively to ensure that a legal basis applies to the processing of personal data within the scope of Capture Projects. If any of the processing is based on the consent of the data subject, it is each party’s responsibility to ensure that the consent is given in accordance with Article 7 in the GDPR, and any other applicable provisions of the GDPR.
6.6 Rights of the data subjects. Mapillary shall act as the contact point in relation to users when they wish to exercise their rights under the GDPR in relation to Capture Projects. If the Requester/Organization receives any actual or purported data subject rights request under the GDPR in relation to Capture Projects, the Requester/Organization shall promptly and in any event within 72 hours send the request to Mapillary. Mapillary is responsible for responding to the request and providing the users with the requested information in accordance with applicable law, except for such information that only the Requester/Organization has knowledge of or responsibility for. In such cases, Mapillary shall without undue delay forward the question and/or request to the Requester/Organization and the Requester/Organization will be obliged to promptly assist Mapillary in responding to user requests, where required. A user may contact Mapillary at email@example.com, should they wish to exercise their rights under the GDPR.
6.7 Security. Mapillary and the Requester/Organization shall each implement appropriate technical and organisational measures to ensure the security of the processing in accordance with Article 32 GDPR. All employees of Mapillary and the Requester/Organization involved in the processing of personal data are bound by appropriate obligations to maintain the confidentiality of personal data.
6.8 Data breaches. To the extent a personal data breach occurs on the Mapillary Solution, it is the responsibility of Mapillary to comply with the notification requirements under Articles 33 and 34 of the GDPR. The Requestor/Organization is obliged to cooperate fully and in good faith to enable Mapillary to fulfil its regulatory obligations. Where a data breach occurs on the Requestor/Organization’s platform, the Requestor/Organization will be obliged to notify Mapillary of such a breach without undue delay and comply with the notification requirements under Articles 33 and 34 of the GDPR.
6.9 Processors. Mapillary may engage data processors to assist with processing personal data related to its functions in connection with this Section 6.
6.10 Other responsibilities. Should the processing of personal data in connection with this Section 6 trigger other obligations under the GDPR (such as the need to conduct a data protection impact assessment or engage in prior consultation), the parties will work together in good faith to ensure that their processing of personal data shall comply with the GDPR.]
7.0 GENERAL PROVISIONS
7.1 Driving. When capturing Content whilst operating a vehicle we ask you to drive in a careful and responsible way, and to always follow any applicable traffic laws.
7.2 Force Majeure. Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will give rise to any claim against such party or be deemed to be a breach of this Agreement if and for as long as such failure or omission arises from any cause beyond the reasonable control of that party.
7.3 Service Discontinuance/Modification. We may from time to time modify or discontinue access to, temporarily or permanently, the Site or any Service thereon (or any part, feature, or functionality thereof, as well as internal rules of operation, eligibility, pricing, gamification, visibility to or accessibility of the public, and other aspects). We will not be liable for any such modification, suspension or discontinuance, even if certain features or functions, your settings, and/or any Content you have contributed or have come to rely on, are permanently lost.
7.4 Account Termination. We may terminate your or any other Mapillary User’s account for cause, including without limitation for: (a) violation of these Terms; (b) abuse of Mapillary resources or any attempt to gain unauthorized entry to the Mapillary Solution; (c) use of the Site or any Service in a manner inconsistent with the purpose of the Services; (d) such Mapillary User's request for such termination; or (e) requirements of or for failure to comply with applicable law, regulation, court or governing agency order, or ethical requirements. We may in addition terminate the availability of the Mapillary Solution for convenience at any time without cause with immediate effect on providing notice. Our termination of any Mapillary User's access to the Mapillary Solution will be by written notice and, on such termination, we may immediately deactivate or delete any Mapillary User's account and Content, and/or bar any further access to the Site and Services. We will not be liable for any termination of Mapillary User's access to the Site or Services. After account termination, you will not attempt to register a new account without our permission.
7.5 Account Deactivation. You may deactivate your account any time. Deactivation is your sole means of terminating your account. Unless you request otherwise, we can in our own discretion keep Content to maintain the uninterrupted and intended Mapillary Solution functionality but will use a random ID to anonymize the Content so it cannot be linked to you.
7.6 US Government Restricted Rights. Services are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Services and related materials by the U.S. Government constitutes acknowledgment of our proprietary rights.
7.7 Trademarks. You are granted no right, title or license to any third party trademarks by these Terms, or to any of our trademarks or servicemarks. We reserve all right, title and interest in and to our trademarks, servicemarks, trade names, trade dress, domain names, and similar identifiers, including without limitation MapillaryTM.
7.8 Infringing Materials. If you believe that your work has been copied and is accessible via the Mapillary Solution in a way that constitutes infringement of your Intellectual Property Rights , you may notify us by providing us with the following in writing: (a) identification of the work that you claim has been infringed; (b) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (c) your name, address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the Intellectual Property Rights owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the Intellectual Property Rights owner or are authorized to act on the owner's behalf. The above writing must be electronically or physically signed by you. If we receive such a claim, we may refuse or delete Content, or terminate a Mapillary User's account in accordance with these Terms. Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 and other similar and equivalent laws in other jurisdictions (Mapillary DMCA Agent, Bredgatan 4, 21130 Malmö, Sweden) can be contacted via firstname.lastname@example.org. In addition to forwarding your notice to the person who provided the allegedly illegal Content, we may send a copy of your notice (with your personal information removed) to Lumen (https://www.lumendatabase.org/) for publication and/or annotation. A link to your published notice will be displayed in place of the removed Content. We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a Mapillary User’s account if the Mapillary User is determined to be a repeat infringer.
7.9 Governing Law. These Terms, the Mapillary Solution, Content, and any disputes related to or concerning any of the foregoing (including tort as well as contract claims, and whether pre-contractual or extra-contractual), will be governed by and settled in accordance with the laws of Sweden, notwithstanding the choice of laws rules of any jurisdiction to the contrary. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, the Mapillary Solution, or Content, must be filed within one year after such claim or cause of action arose, or be forever barred.
7.10 Jurisdiction. Without restricting any rights under Swedish consumer law, each party irrevocably agrees that the courts of Sweden shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.
7.11 Assignment. These Terms will not be assigned, delegated, or transferred by you, in whole or in part, whether voluntary, involuntary, by merger, consolidation, dissolution, sale of assets, or otherwise, without our prior written consent. Any such purported assignment, delegation or transfer without such written consent will be void. We may at any time assign these Terms without prior consent or notice. These Terms will be binding on, and inure to the benefit of, the parties and their respective and permitted successors and assigns.
7.12 Injunctive Relief. You acknowledge and agree that breach of these Terms, or any unauthorized use, disclosure or distribution of the Mapillary Solution or Content, may cause irreparable harm to us, the extent of which would be difficult to ascertain, and that we will be entitled to seek immediate injunctive relief (in addition to any other available remedies), in any court of competent jurisdiction under the applicable laws thereto.
7.13 Sweden-Based Site. The Mapillary Solution is controlled by Mapillary from its offices in Sweden. We make no representation that the Mapillary Solution is appropriate for use in other jurisdictions. Your use of or access to the Site will not be construed as our purposefully availing ourselves of the benefits or privileges of doing business in any other country, state or jurisdiction other than Sweden.
7.14 General. The Terms constitute the entire agreement between us and govern each Mapillary User's use of the Mapillary Solution, superseding any prior agreements. Each Mapillary User may be subject to additional terms and conditions that may apply when that Mapillary User uses affiliate services, third party content or third party software. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. No waiver of any provision of these Terms will be deemed a further waiver or continuing waiver or such provision or any other provision, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Nothing herein will be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and any user or other person or entity, nor do these terms extend rights to any third party. The parties hereto confirm that they have requested that these Terms and all attachments and related documents, if any, be drafted in English.
End of Terms
(Effective Date: 28 August 2020)