Nearmap Community - Terms of Use
The Nearmap Community is part of the Nearmap Help Centre website located at: . Please read these Terms of Use carefully as they govern your access to and use of the Nearmap Help Centre and the Nearmap Community (the ‘Website’). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to all of these Terms, do not access or use the Website.
These Terms may be amended by us at any time, and by continuing to use the Website you accept the Terms as they apply from time to time.
Access
To access and use the Website, you must:
a) Have valid user credentials with Nearmap; and
b) Be logged in using your account information which includes your email address and password.
Rules and Community Guidelines
In accessing and using the Website you must:
a) comply with the Community Guidelines at all times; and
b) only use the Website and any content available through the Website, as authorised by these Terms or another agreement with us; and
In accessing the Website, you must not:
a) scrape, hack, reverse engineer, decipher, decompile, disassemble, compromise, impair or otherwise interfere with or disrupt the Website, including by transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
b) hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Website or any User Content;
c) modify or copy the layout of the Website, or any computer software and code contained in the Website;
d) use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Website;
e) create accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;
f) lie, misrepresent something or someone, or pretend to be someone else;
g) restrict, or attempt to restrict, another user from using or enjoying the Website; or
h) encourage or facilitate violations of these Terms of Use.
Materials
We may present information and content, including articles, opinions, commentary, videos, or similar content that is designed to assist users on the Website (Materials).
The Materials are for your personal or internal business use only and may not, without our prior written consent, be:
a) resold or redistributed in any material form;
b) stored in any storage media; or
c) retransmitted via any media.
Content
User Content
We do not claim ownership of any content you add or post onto the Website, including any reviews, comments, photos, videos, images, and other contributions you may make in response to the content of our Website (User Content).
You grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable license to use, copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that User Content, without limitation whether on this Website, another Website we own or control or in any hardcopy form.
You are solely responsible for all User Content that you provide and warrant that you either own it or are authorised to grant us the rights described in these Terms.
You acknowledge that we do not have the ability to verify the accuracy of any User Content. You acknowledge and agree that other users of the Website may access, use, distribute, publish and otherwise exploit the User Content that you have provided to the Website and we are not responsible for any such use or exploitation by other users of the Website and expressly exclude liability for any loss arising from such use or exploitation.
Prohibited content
You agree that your use of the Website will not violate any law, contract, intellectual property or other third party right or constitute a tort, and that you are solely responsible for your conduct while using the Website. We may, in our sole discretion, remove any User Content from the Website.
Personal Information
You must not enter any personal information into the Website unless that information is required by the user to access the Website.
If User Content includes personal information, our Privacy Policy describes how we use that personal information.
If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorised to do so, and (iii) authorise us to process that information under our Privacy Policy.
Takedowns
We reserve the right, in our sole discretion, to:
(a) remove or block any User Content that violates our Terms; or
(b) modify, remove or discontinue any forums or discussion boards on the Website which may contain User Content, at any time and without any liability to you.
Copyright Notice – DMCA
If you believe that any User Content infringes content in which you claim copyright, please contact legal@nearmap.com. Nearmap has adopted a policy to terminate in appropriate circumstances the accounts of users that are found to be repeat infringers, including users who attempt to upload infringing content up to three times. As part of implementing such policy, Nearmap may in its sole discretion suspend the accounts of users who have been identified as engaging in infringing activities or for other related reasons.
Intellectual Property Rights
We reserve all intellectual property rights in the Website and the Materials.
All content appearing on the Website, and the Website itself, is protected by copyright. Reproduction of the Website, in whole or in part, including the copying of text, graphics or designs without our prior consent is prohibited.
Nothing in our Terms constitutes a transfer of any intellectual property rights.
All trade marks, trade names, business names, images and logos (Marks) identified and utilised on the Website belong to their respective owners and are used by us as either owner or licensee. You must not use, reproduce, copy, republish, upload, transmit, post or modify these Marks in any way, unless otherwise authorised by the owner in writing.
Privacy
We will collect, use and disclose any personal information you provide us when using the Website in accordance with our Privacy Policy.
For more information on our information collection and handling practices, please view our Privacy Policy.
Disclaimer
The information provided by Nearmap, including but not limited to any information, data, statistics and/or insights made available on the Website and any sub-pages (including the Community discussion boards) should be used as a guide only and should not be relied upon. Content available on the Website is provided for general information purposes only for your own personal or internal corporate use.
Whilst Nearmap makes every effort to ensure that the information on the Website is accurate, Nearmap does not provide any warranties or representations, express or implied, about the suitability, relevance, accuracy, currency, and reliability of the information on the Website.
Nearmap reserves the right to change, suspend or discontinue any aspect of the Website, including removing any Materials, User Content, the Community discussion board, or Third Party Links, at any time and without notice to you.
You are responsible for considering the appropriateness of the Website for your intended application and use and we give no warranty, guarantee or representation that the Website is suitable for or meets your requirements.
You alone are responsible for your User Content.
We are not responsible or liable for the conduct of any user. We reserve the right to monitor or become involved in any dispute between you and another user.
Termination
We may terminate your access to the Website for any reason..
We may also, in our absolute discretion and without notice, suspend or limit your access to the Website, or stop providing access to the Website, if you breach these Terms or you violate applicable laws, or we reasonably believe termination is necessary to protect Nearmap, its users, or third parties.
Exclusions and limitation of liability
To the fullest extent permitted by law, we are not liable to you for any loss or damage you may suffer or incur in connection with your access and use of the Website.
To the fullest extent permitted by law, we exclude liability for special, indirect or consequential damages, including damages for loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit.
Any limitations or exclusions do not apply to our liability for loss suffered or incurred by you for:
a) fraud or other unlawful acts;
b) gross negligence; or
c) liability that cannot be limited or excluded by law.
Indemnity
You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Website, any User Content, your breach of the Terms or your breach of any rights of third parties.
We reserve the right to assume exclusive control of any matter for which you are required to indemnify us, and you agree to provide assistance at your expense for the purposes of defending and managing all such claims as is reasonably requested by us.
For the avoidance of doubt, may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body and we are not liable to you for any losses arising from such action.
Variation to the Terms
We may vary, amend or otherwise modify the Terms at any time. We will publish the updated Terms on the Website, at which time they will be effective. Your continued use of the Website following posting of the updated Terms constitutes your acceptance of the updated Terms.https://help.nearmap.com/