TERMS OF USE

Date of publication: 26.02.2018

§ 1 Definitions

 

  1. Administrator – MAKEMAP Sp. z o.o. Sp.k., with its registered seat in Poland, 44-100 Gliwice, ul. Wincentego Pola 27, entered in the National Court Register kept by the District Court in Gliwice, 10th Commercial Department of the National Court Register under the number 0000668362.
  2. User – each individual who has access to the configuration account of the application and each individual who uses the published maps.
  3. Services – in particular, services within the meaning of the Act dated 18 July 2002 on Providing Services Electronically (Official Journal No. 144 item 1204 as amended), such as – without limitations – IT services – services providing Users with access to graphic and multimedia materials – spatial data provided upon users individual requests in such a way so as users could have access to them at the time of their own choosing through the MAPLI application.
  4. Application or Portal – an organised IT platform of MAPLI, enabling to feed, configure, publish, and view the published maps. MAPLI is an online service accessible in the domain https://mapli.io. The application is provided to users in the system of a monthly subscription.
  5. Module – a component of the Application to which Users are given access after using the access link (module “Maps”) or logging in, preceded with the registration of an individual user account (Module “Studio”).
  6. Spatial Data – data on spatial objects in the adopted system of coordinates, such as vector and raster data files provided in the MAPLI application.
  7. Agreement – an agreement concluded between MAKEMAP Sp. z o.o. Sp.k. and the User, setting forth terms and conditions for the access to and the use of the application account.
  8. Terms and Conditions – principles set forth in this document.
  9. Account – User’s individual account created after completing a registration form or after sending relevant data via e-mail, to which the User has access after logging in. The purchased account determines the volume of space for data, the number of available maps, and specific functionalities of the application.
  10. Registration – the process of creating an account carried out online by means of relevant forms or via e-mail, after sending in personal data by the User.
  11. Login Data – User’s name and password given to the User through which the User can have access to the Account.

 

§ 2 General provisions

 

  1. These Regulations define the general terms and conditions of providing the Services, the general rules of using the Portal, and the scope of responsibilities of MAKEMAP Sp. z o.o. Sp.k.
  2. These Regulations, which define in detail the rules of using the Services, are published by MAKEMAP Sp. z o.o. Sp.k. on websites that allow the use of these Services.
  3. The use of the Internet Portal, as well as all of the products and services supplied to the User by MAKEMAP Sp. z o.o. Sp. k. on the website or derived from it or obtained through it, is subject to the terms and conditions of the Agreement concluded by and between the User and MAKEMAP Sp. z o.o. Sp.k.
  4. The Agreement concluded with the User consists of the Terms and Conditions defined in these Regulations and of the Privacy Policy in force at MAKEMAP Sp. z o.o. Sp.k.
  5. Documentation. Within the scheme of the Agreement signed, the User agrees to use the application in compliance with the User’s documentation and the auxiliary documentation.
  6. All matters not regulated in these Regulations, the provision of Services, in particular making statements of will in the electronic form, shall be governed by relevant provisions of the Civil Code and other acts of law in force in the Republic of Poland.

    

§ 3 Terms and conditions for concluding and terminating Services Agreements

 

  1. The User is obliged to accept the Terms and Conditions and to express their consent to have their personal data processed prior to the commencement of the use of the Services. Should the User fail to accept them, the User shall not have the right to use the offered Services.
  2. By the fact of using the Portal the User confirms that they have read the Terms and Conditions and they accept all the provisions contained therein and that they commit to observe them.
  3. The IT Services Agreement is concluded as of the moment when the User enters a relevant URL address in the Internet browser of the websites, they choose which contain contents made available within the scheme of the Portal, and it is terminated as of the moment the User leaves the Website, in the case of the Module “Maps”.
  4. The IT Services Agreement is concluded as of the moment when the User logs in to their individual Account having entered a relevant URL address in the Internet browser, and terminated when the Account is deleted, in the case of the Module “Studio”.

 

§ 4 MAPLI Account

 

  1. In order to obtain access to some elements of the MAPLI Portal or other elements of the Services (Module “Studio”), the User is obliged to register a MAPLI Account, which occurs by performing the Registration procedure. When registering the Account, the User should provide accurate and full information.
  2. The User’s Account Registration process is carried out by MAKEMAP Sp. z o.o. Sp.k., via e-mail or an electronic form accessible online. In order to register, the User sends to an e-mail address such User’s data as:
  • Company name or first and last name of a natural person;
  • Address of the registered office of the User’s company or the User’s residential address;
  • Tax Identification Number of the company;
  • E-mail address.
  1. When the Registration is completed, the User’s Account is created. The User receives Login Data from MAKEMAP Sp. z o.o. Sp.k., necessary for logging into the User’s Account.
  2. The User is obliged to protect the password to their MAPLI Account and to keep it secret.
  3. The User understands that they are responsible for all the content published via their MAPLI Account. MAKEMAP Sp. z o.o. Sp. k. shall not be held responsible for any content published and made accessible through the User’s Account.

 

 § 5 Technical conditions

 

  1. The User is obliged to ensure:
  • Hardware (minimum conditions: PC or Mac computer, with the processor: 1 Ghz, 1 GB of RAM, hard disc, graphics card: 256 MB of memory, resolution 1024x768, system Windows/Linux/OSX)
  • Connection to the Internet,
  • Internet browser supporting the WebGL technology in the latest version,
  • Other software required to use selected Services.
  1. MAKEMAP Sp. z o.o. Sp.k. reserves that for some of the Services to be fully functional, it may be necessary to enable the safe data transmission protocol SSL, Java Script, and cookies in the Internet browser.

 

§ 6 User’s rights and obligations

 

  1. The User has the right to use the MAPLI application in a manner consistent with the applicable law, with respect for intellectual property rights.
  2. It is prohibited to use the application in any manner inconsistent with the principles of community life and good practices, promulgating pornography, discrimination, totalitarianism, or terrorism.
  3. Users are forbidden to deliver unlawful content. The User commits to never publish nor send anything which contains content the possession of which is unlawful for the User in the User’s country of residence, or the use or possession of which by MAKEMAP Sp. z o.o. Sp. k. with reference to providing the Services is inconsistent with the applicable law.
  4. The User is forbidden to deliver content which violates the fundamental human rights or civil liberties. For avoidance of any doubt, the User is forbidden to use the Portal in order to create databases identifying information for any government violating human rights, civil rights or civil liberties of people based on their race, gender, gender identity, sexual orientation, religion, or nationality.
  5. Users are fully responsible for the content they enter and the data they feed, as well as for the damage resulting from their conduct inconsistent with the reservations defined above.
  6. The User understands that they are solely and fully responsible for any breach of their obligations resulting from the Terms and Conditions and for any effects of such a breach (inclusive of any possible losses or damages suffered by MAKEMAP Sp. z o.o. Sp. k.).
  7. The User undertakes not to change any part of the Application or of the Services.
  8. The User undertakes not to override, block, or disturb in any other way (and not to undertake such attempts) the operation of the protection elements of the Services or introduce restrictions in terms of the use of the Services.
  9. The User undertakes not to use nor introduce any automated system (inclusive of robots, automatic file downloading devices (spiders) or tools for browsing the content while offline (offline reader), which obtain access to such Services by means of sending more queries to MAPLI servers in a given period than an individual could send over the same period of time while using an open standard (and unmodified) Internet browser.
  10. The User undertakes to obtain access to the application and to use the Services for their own purposes and not for commercial purposes, only for the purposes resulting from the normal range of functions of the Services. The use for commercial purposes is regulated by a selected account type or a separate agreement.
  11. The User undertakes that they shall not copy, duplicate, distribute, transfer, send, display, sell, license or use the Services and the Application in any other way without a prior written consent of MAKEMAP Sp. z o. o. Sp.k.
  12. As of the moment of finding out about any potential breach of these Regulations, MAKEMAP Sp. z o.o. Sp. k. reserves its right to decide, freely and with no obligation of a prior notice, whether the content published by the User satisfies the requirements set forth in these Regulations, and it can delete the content or render it impossible for the User to publish content in breach of these Regulations.

 

§ 7 Liability of MAKEMAP Sp. z o.o. Sp.k.

 

  1. MAKEMAP Sp. z o.o. Sp.k. hereby reserves that the use of the Portal takes place exclusively at the expense and risk of the User.
  2. MAKEMAP Sp. z o.o. Sp.k. grants no guarantee whatsoever that the use of the Portal shall take place with no errors, defects, or interruptions, and that the data and information published on the pages of the Portal meet the User’s expectations in terms of the substantive content, accuracy, or usefulness of the obtained or published data, unless such a guarantee has been clearly formulated by MAKEMAP Sp. z o.o. Sp. k. in a separate agreement.
  3. MAKEMAP Sp. z o.o. Sp.k. is not responsible for any results of the User’s use of information obtained through the application, in particular for consequences of decisions made on its basis.
  4. MAKEMAP Sp. z o.o. Sp.k. is not responsible towards the User or any third parties for any damages, direct and indirect, in connection with the use of the data and information contained on the pages of the application
  5. MAKEMAP Sp. z o.o. Sp.k. is not responsible for advertisements published on websites within the scheme of providing advertising Services and for any resultant claims of any third parties.
  6. MAKEMAP Sp. z o.o. Sp.k. bears no responsibility, in particular civil, criminal, and administrative responsibility for the User’s use of the application in a manner inconsistent with the Terms and Conditions.

 

§ 8 Intellectual property rights

 

  1. The selection and layout of the content published on the pages of the Portal constitutes an autonomous subject of copyright protection.
  2. The Portal contains works protected with copyright, trademarks, and other original content, in particular texts, photographs, graphics, sounds, IT programmes and multimedia materials.
  3. The content published on the pages of the Portal should be provided with the marking “Copyright MAPLI. All rights reserved” or “Copyright: MAKEMAP Sp. z o.o. Sp.k. All rights reserved”.
  4. MAKEMAP Sp. z o.o. Sp.k. publishes on the pages of the Portal the content for which third parties are entitled to copyright on the basis of applicable legal regulations or concluded agreements, inclusive of license agreements.
  5. All rights to the content published on the pages of the Portal, inclusive of its textual and graphical elements, the selection and layout of pages and other elements, are reserved, unless it has been clearly stated otherwise.
  6. The use of the content published on the pages of the Portal is not equivalent with the Users’ acquisition of any rights whatsoever to intangible goods relating to the works or databases published.
  7. The User has the right to use the works and/or databases on the pages of the application exclusively within the scope of fair use, in compliance with the provisions of the Act dated 4 February 1994 on Copyright and Related Rights (Official Journal No. 24, item 83 as amended), the Act dated 27 July 2001 on Databases Protection (Official Journal No. 128 item 1402), and the Act dated 16 April 1993 on Combating Unfair Competition (Official Journal 47 item 211 as amended).
  8. It is prohibited to copy, modify, or transmit electronically or in any other way any part of the application, fully or partially, for commercial purposes and without a prior written consent of MAKEMAP Sp. z o.o. Sp.k., except for cases provided for in the generally applicable legal regulations.
  9. The User represents that as of publishing the content in the Portal at the latest they possess full copyrights to such content. Furthermore, the User represents that the content disseminated by them does not breach legal regulations in force, does not violate any rights of any third parties, and that the User has obtained all relevant consents and assurances necessary for them to duly perform their obligations. Users are fully responsible for any damages resulting from publishing on the pages of the Portal the content for which third parties are entitled to copyright, without a relevant consent of such third parties.

 

§ 9 Final provisions, amendments to the Regulations

 

  1. In compliance with the provisions of §6 section 10 the Administrator reserves the right to delete any data published by the User which violate the generally applicable regulations, any rights of third parties, as well as violate the principles of community life.
  2. The Administrator likewise reserves the right to suspend the User  who violates the terms and conditions of this agreement, as well as any rights of third parties and generally applicable legal regulations, in order to clarify the circumstances of the violation.
  3. The Administrator reserves the right to delete an account of the User who despite an attempt to clarify the circumstances of the agreement violation fails to perform their obligation.
  4. The User can delete their account at any time, sending a relevant statement to the e-mail address: mapli@mapli.io.
  5. Deletion of the account, irrespective of the reasons, causes deletion of all the content published by the User.
  6. The Administrator reserves the right to amend these Regulations. New Regulations shall come into force not sooner than 14 days after their publication.
  7. After the first logging in to the Portal after the amended Regulations come into force, a message will be displayed, asking the User to accept the new Regulations.
  8. A refusal to accept the Regulations shall be equivalent with the agreement termination.