Website and Service Terms and Conditions - General.

Mapplicant ("Site") and related services (together with the Website, the "Service") are operated by Mapplicant ("Mapplicant", "us", or "we"). The website and links contained within or otherwise available through external hyperlinks within our Site (the “Microsites”) will be collectively referred to as the "Site" in these Terms of Use. Access and use of the Service is subject to the following Terms and Conditions of Service ("Terms and Conditions"). By using our Site and Mapplicant's services through the Site, you (“you” or,“End User”) agree to these Terms of Use, any Microsite, as any of the same may exist from our Privacy Statement, and any additional terms applicable to certain programs in which you may elect to participate or with respect to time to time (collectively, the "Terms of Use" or "Agreement"). Accessing or using any part of the Service constitutes an agreement that you have read, understood, and agree to be bound by these Terms and Conditions. Mapplicant may amend, update or change these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service. Unless otherwise specified, all materials a Customer receives from Mapplicant are for personal and non-commercial use. No Customer may modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Mapplicant without explicit, prior written permission. Force Majeure

Neither Mapplicant nor the Customer shall be liable for any failure, cancellation or delay in performance (other than for delay in the payment of money due and payable) to the extent said failures, cancellations or delays are proximately caused by forces beyond that party’s reasonable control and occurring without its fault or negligence, including, but not limited to, the failure of suppliers, subcontractors, and carriers.

Conditional Use of our Site and Services

The Site and Service provide an interactive online service operated by Mapplicant, including but not limited to academics, business, casual writing, and proofreading requests, available to its users. The Services and Site are collectively referred to here as "Mapplicant." Your permission to use Mapplicant is conditional upon your agreement that you:

  • are 13 years of age or older
  • will comply with these Terms of Service;
  • will not copy or distribute any part of Mapplicant in any medium without Mapplicant's prior written authorization;
  • will provide accurate information when creating an account or registering for our Services;
  • are solely responsible for your User ID and the activity that occurs while signed in to or while using Mapplicant using your User ID;
  • will not use Mapplicant to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
  • will not use the communication systems provided by or contacts made on Mapplicant for any commercial solicitation purposes;
  • are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content;
  • represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize Mapplicant to use any and all Content submitted by you to Mapplicant in accordance with the licenses granted in this Agreement;
  • hereby grant each Mapplicant user, whether using Mapplicant or an application authorized by Mapplicant but developed via a third-party developer, a non-exclusive license to access the Content you submit through Mapplicant and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through Mapplicant’s functionality and under these Terms of Service;
  • will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to Mapplicant; and
  • hereby agree that we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
  • may create only one account for your personal use;
  • must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.
  • have the right to provide any and all information you submit to the Site. The information is only about yourself and all such information is accurate, true, current and complete.

Mapplicant Documents, Materials, and Video Guides

Use of and Access to Documents and Proprietary Materials

Once Customers have registered for services by selecting a username and password for the Mapplicant website and providing payment information, they will be given access to Mapplicant’s application documents, data services, and other proprietary materials. Their access to these materials will end upon completion of services through Mapplicant.

Customers given access to any proprietary materials from Mapplicant are not permitted to share those materials with non-Customers. The Customers are purchasing a personal, non-exclusive, non-transferable, royalty-free license to use Mapplicant’s proprietary information for so long as they continue to pay for services through Mapplicant.

Email Contact

By signing up for a preliminary consultation, contacting us through the Mapplicant website, contacting us via email, or commenting on our blog, you consent to receive occasional emails from Mapplicant regarding new offerings or discounts. You can unsubscribe from these emails at any time.

Payment and Services

Mapplicant Payment

BY OPTING INTO THE MAPPLICANT PAYMENT PLAN OR ANY PROMOTIONAL PAYMENT PLANS, THE CUSTOMER REPRESENTS THAT HE OR SHE IS LEGALLY BOUND AND OBLIGATED TO PAY THE FULL AMOUNT OWED ON THE SERVICE OR PRODUCT CONNECTED TO SAID PAYMENT PLAN.

The customer’s credit card on file will be charged automatically pursuant to the selected payment plan option. If a customer fails to pay any amounts owed to Mapplicant in connection with a payment plan, Mapplicant reserves the right to pursue such unpaid amounts and that customer will remain liable to Mapplicant for all charges under this agreement and all the costs incurred to collect these charges, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.

Warranty, Refunds and Cancellation –

Warranty

Mapplicant does not make any warranty, guarantee, or promise that Customers will be accepted to desired schools or institutions.

Refunds

Customers desiring a refund should contact the Mapplicant Customer Service department at info@mapplicant.com. Customers will not be granted refunds solely because they are not accepted to a desired school or institution. Customers requesting a refund for services rendered by Mapplicant or its Consultants will only be granted a refund subject to the approval of Mapplicant. The decision to grant a refund will be made following a thorough review of the Customer’s application materials, a discussion with every Mapplicant Consultant who worked with the Customer, and a discussion with the Customer. The decision to grant a refund will be made consistent with the good faith, fair dealing, and best judgment of Mapplicant.

Cancellation

Customers will not be granted a refund for the cancellation of services which have already been paid for. Customers may elect to stop receiving services from Mapplicant at any time.

Customer Privacy/Confidentiality

Unless otherwise stipulated by a Customer, Mapplicant will not disclose any information about that Customer to any individual or entity not employed by Mapplicant. Unless otherwise stipulated by a Customer, Mapplicant will store all application materials created by the Customer for use as examples or learning materials for future customers. All such materials will be stripped of any personally identifying information.

OWNERSHIP OF THE SITE AND SERVICE

The content and information on this Site as well as the infrastructure used to provide both, is proprietary to us or our Merchants and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.

Availability of the Site and Service

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. Mapplicant retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

Registration

You will need to register by creating an account with Mapplicant (either by registering directly with us or by allowing a Mapplicant application to connect through your Facebook account) in order to publish Content on the Site or obtain access to certain Services. If you choose to create an account or Mapplicant profile with us, you are solely responsible for managing it and you agree to (i) provide accurate, current and complete information about you and/or your organization as requested by Mapplicant; (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update any registration information you provide to Mapplicant, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed vouchers in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your Mapplicant account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

When you register, you will obtain unique log-in credentials (a “User ID”). Access to the Mapplicant Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Mapplicant may not register for an account, nor may you designate any of those individuals to use your account on your behalf.

Mapplicant relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we’ve issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.

General Rules of Conduct

Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES (or in any activities that in Mapplicant’s sole judgment, is objectionable, restricts, or inhibits any other person from using the Service or which may expose Mapplicant or its users to any harm or liability of any time. These are prohibited on the Site and constitute express violations of this Agreement:

  • Submitting any purposely inaccurate information and/or translations, committing fraud or falsifying information in connection with your Mapplicant account or in order to create multiple Mapplicant accounts;
  • Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
  • Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
  • Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by Mapplicant;
  • Conducting or promoting any illegal activities while using the Site or Services;
  • Uploading, distributing or printing print anything that may be harmful to children;
  • Attempting to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
  • Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
  • Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Mapplicant;
  • Reselling or repurposing your access to the Site or any purchases made through the Site;
  • Using the Site or any of its resources to solicit Site End Users, Merchants or other business partners of Mapplicant to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Mapplicant, including without limitation, aggregating current or previously offered deals;
  • Using any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;
  • Using any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site or Services; or
  • Attempting to gain access to secured portions of the Site or Services to which you do not possess access rights;
  • Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
  • Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
  • Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission.
  • Deep-linking to any portion of this Site (including, without limitation, the purchase path for any voucher) without our express written permission;
  • Acting illegally or maliciously against the business interests or reputation of Mapplicant, our Merchants or our services; or
  • Hyperlinking to the Site from any other website without our initial and ongoing consent.
  • Impersonating another user;

Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that breaches our policies or is otherwise offensive. You may use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content breach the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it breaches our policies or not.

Rules Regarding Information and Other Content

When you use the Site, you can publish and obtain access to various kinds of information and materials, all of which we call "Content." Content also includes information and materials posted to the Site by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by Mapplicant), and you agree not to post or use any Content in any manner that:

  • infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
  • violates the privacy, publicity, or other rights of third parties,
  • is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Mapplicant in its sole discretion,
  • is false or inaccurate, or
  • could damage our company, parent company, sister companies, affiliates, advertisers, or any other third party.

Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that breaches our policies or is otherwise offensive. You may use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content breach the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it breaches our policies or not.

Non-Confidentiality, Security and Privacy

You understand that much of the information that you submit to us is submitted precisely for the purpose of disclosure in a variety of ways by Mapplicant, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of a Deal, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of a Deal, other than your credit card information, may be disclosed by us to the Mapplicant Merchant for their commercial purposes including providing the Deal. Our Privacy Policy explains how we collect, use and disclose information that relates to your privacy.

We do not accept or consider, directly or through any Mapplicant employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“unsolicited materials”). If you send us unsolicited materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:

  • Mapplicant has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and
  • Mapplicant will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you as these will be considered by us to be non-confidential and non-proprietary.

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with Mapplicant and the Site while it is being transmitted. In addition, Mapplicant is not responsible for any data lost during transmission.

Indemnification of Mapplicant

You agree to defend, indemnify and hold harmless Mapplicant and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including but not limited to, attorneys' fees, arising out of or relating to your access or use of the Service or your breach of any of these Terms and Conditions.

You also agree to compensate Mapplicant for all losses, expenses and other costs (including but not limited to reasonable legal fees) incurred by Mapplicant which are caused by your breach of this Agreement and by any claims that any Content submitted by you causes damage to a third party. This defense and compensation obligation will survive the termination or expiry of this Agreement and your use of Mapplicant.

You are solely responsible for your interactions with third parties and other users of the Site. To the extent permitted under applicable laws, you hereby release Mapplicant from any and all claims or liability related to any product or service by third parties and other users, any action or inaction by third parties and other users, including third parties’ and other users’ failure to comply with applicable law and/or failure to abide by the terms of a Mapplicant, and any conduct or speech, whether online or offline, of any other user.

No Representations or Warranties

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY MAPPLICANT ARE PROVIDED TO YOU ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. MAPPLICANT AND ITS SUPPLIERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MAPPLICANT DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. WE DO NOT PROMISE OR GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MAPPLICANT, INCLUDING ANY SERVICES OR DEALS, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE MAKE NO PROMISES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN OUR PRIVACY POLICY. WE DO NOT PROMISE OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A MAPPLICANT REPRESENTATIVE SHALL CREATE ANY CONTRACTUAL PROMISE. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation on Types of Damages/Limitation of Liability

IN NO EVENT WILL MAPPLICANT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF MAPPLICANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAPPLICANT’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MAPPLICANT FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. WE ARE NOT RESPONSIBLE FOR:

  • LOSSES NOT CAUSED BY OUR BREACH;
  • INDIRECT LOSSES WHICH ARE A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND WHICH ARE NOT REASONABLY FORESEEABLE BY YOU AND US AT THE TIME OF ENTERING INTO THIS AGREEMENT, FOR EXAMPLE LOSS OF PROFITS OR LOSS OF OPPORTUNITY;
  • CONTENT POSTED BY OTHER USERS;
  • ONTRACTS ENTERED INTO WITH THIRD PARTIES;
  • LOSS OF DATA;
  • LOSS OF GOODWILL;
  • COMPUTER MALFUNCTION OR FAILURE;
  • BUSINESS OR COMMERCIAL LOSSES CAUSED TO NON-CONSUMERS; OR
  • FAILURE TO PROVIDE THE SITE OR SERVICES OR TO MEET ANY OF OUR OBLIGATIONS UNDER THIS

AGREEMENT WHERE SUCH FAILURE IS DUE TO EVENTS BEYOND OUR CONTROL. "EVENTS BEYOND OUR CONTROL" MEANS ANY CAUSE BEYOND OUR REASONABLE CONTROL WHICH PREVENTS US FROM PROVIDING THE SITE OR SERVICES OR FULFILLING ANY OF OUR OTHER OBLIGATIONS UNDER THIS AGREEMENT AND INCLUDES BUT IS NOT LIMITED TO DISRUPTIONS TO THE INTERNET, FIRE, FLOOD, STORM, RIOT, CIVIL DISTURBANCE, WAR, NUCLEAR ACCIDENT, TERRORIST ACTIVITY AND ACTS OF GOD.

Termination

We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice. Without limiting the foregoing, Mapplicant may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. In the event of any termination, you will immediately stop using our Site and our Services. You may terminate your Mapplicant account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Mapplicant’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.

Reservation of Rights and Release

Mapplicant reserves the right, but has no obligation to monitor, or take any action Mapplicant deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you waive and release us from any and all claims or liability related to any Content posted on the Site and from any and all claims related to the conduct of any other customers of ours or any Merchants.

Proprietary Rights in Service Content and Activity Data

You acknowledge and agree that all content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of Mapplicant or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement.

The Content on Mapplicant, excluding all intellectual property of other sites obtained by way of API and/or linking and Content posted by our customers, is owned by Mapplicant. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). The Marks are owned or licensed to Mapplicant, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Content provided by Mapplicant is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, publish, participate in the transfer or sale, create derivative works, licensed, or otherwise exploited for any other purposes whatsoever, in whole or in part, without the prior written consent of the respective owners. We reserve all rights not expressly granted by this Agreement in and to the Site and Services. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Mapplicant or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Mapplicant does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted Mapplicant the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User's personal use. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sub-licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.

As between you and Mapplicant, all data and information generated from your access and use of the activities made available on or through the Service, including proofread content generated by you (collectively, the “Activity Data”), shall be exclusively owned by Mapplicant, and you shall not have any right to use such Activity Data except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to Mapplicant any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Data. All rights of Mapplicant or its licensors that are not expressly granted in these Terms and Conditions are reserved to Mapplicant and its licensors.

Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures

We respect the intellectual property of others, and we ask you to do the same. Mapplicant reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.

If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide Mapplicant with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (e) your name and contact information, including telephone number and e-mail address; and (f) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Trademarks

"Mapplicant" and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Mapplicant or their respective owners, and certain of them are registered with both the United States & South Korea Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Mapplicant name or any Mapplicant or third-party trademarks, service marks, graphics or logos.

End User Communications

Mapplicant in some instances allows you and other End Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). Mapplicant shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Mapplicant, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Mapplicant shall have the right, but not the obligation, to remove any material from the Communities that Mapplicant, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of Mapplicant.

Websites of Others

The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

Public Nature of Your Statements

You understand and agree that all Statements are public and not private. Any other person (whether or not a user of Mapplicant’s services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. Mapplicant does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Site are not confidential.

License Grant

By posting Statements or other information on or through the Communities, you grant Mapplicant a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

Changes to this Agreement and Waivers

We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must stop using our Site and our Services. Your use of our Site and our Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of Mapplicant’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Mapplicant. No purported agreement not to enforce any right or modification of this Agreement by Mapplicant via telephone or email shall be valid.

We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.

General Terms

You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held ineffective, invalid or unenforceable by a court or regulator, the other provisions shall continue to apply. If you breach this Agreement and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach this Agreement. Our rights under this Agreement will survive any termination of this Agreement.

We will do our best to resolve any disputes over this Agreement. If you wish to take court proceedings against us, you must do so within the United States. Relevant American law will apply.

You represent that you are legally able to accept these Terms of Service and enter into this Agreement. You confirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into this Agreement, and to comply with this Agreement. And as stated in the Conditional Use of Our Site and Service, above, you confirm that you are, in any case, 13 years of age or older. If you aren't, you must please stop using our Site and our Services.

Miscellaneous

These Terms and Conditions constitute the entire agreement between Mapplicant and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Mapplicant or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Mapplicant may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Mapplicant and you, and Mapplicant’s and your respective successors and permitted assigns.