IMPORTANT: PRIOR TO DOWNLOAD, PURCHASE, STORAGE OR USE OF ANY MAP OF THIS WEBSITE, YOU MUST ACCEPT THIS AGREEMENT. BY YOUR SIGNATURE BELOW BY CLICK ON THE “ACCEPT” BUTTON, YOU ACCEPT THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE WEBSITE OWNER, MAPS OF THE PAST, LLC.
You may, on a non-exclusive and non-transferable basis —
(i) download and store on a single computer, and use on a single computer by one user at a time, any digital file (“Digital File”) made available to You for download representing any map (“Map”) of the Website;
(ii) print hard copies of the Map, of any size and quality, from the Digital File;
(iii) reproduce, copy, duplicate, modify, adapt, and create derivative works of hard copies of the Map, but not the Digital File of the Map;
(iv) distribute hard copies of the Map, but not any Digital File of the Map; and
(v) use the Map or Digital File in multimedia presentations or applications or in a broadcast medium, such as on television or in a website, at a resolution no greater than 1280 x 720 at 720p;
Provided, You must include the Website Owner’s copyright notice (©2011-2014 www.mapsofthepast.com) in all copies and displays.
You cannot --
- (a) copy or reproduce the Digital File, except to the extent strictly necessary for Your uses in (i) through (v) above and to retain a single back-up copy;
- (b) sell, trade, resell, license, transmit or distribute the Digital File, or any adaptation, derivative or part thereof;
- (c) disassemble, modify, translate, or decompile the Digital File, or application programs or code embedded in the Digital File;
- (d) remove or alter any proprietary rights notices (including copyright and trademark notices) which may be contained in any Map or Digital File;
- (e) scan or convert any hard copy of a Map to digital data; or
use any Map or Digital File other than in accordance with applicable laws, rules, regulations and ordinances in relevant jurisdictions, including, but not limited to, all export laws of the United States of America.
Ownership and Rights. You acknowledge and agree that the Website Owner, or its related entities or licensors, owns all right, title and interest in and to the Maps, the Digital Files, and the Website, including all intellectual property and proprietary rights (including, but not limited to, copyrights and information rights), whether or not registered, throughout the world. You agree that you will not use any trademark, service mark, trade name, logo or design contained in any Map or Digital File, in a manner that is likely to cause confusion, mistake or deception.
Owner Rights. Your right to use any Map, Digital File, or this Website is subject to revocation at will by the Website Owner, in its discretion, if the Owner believes or learns that You have failed to comply with this Agreement, or for any other reason; provided, if you comply with all terms and provisions of this Agreement, the Website Owner shall not require that You pay any additional amounts, beyond the amount paid, if any, for Your download, storage and use of any Map and Digital File in accordance with this Agreement. In the event of revocation, You agree to return to the Website Owner or destroy, and certify in writing such destruction, any and all Maps, Digital Files, displays, prints, and copies.
Reservations; Limitations. The Website Owner reserves all rights to copy, reproduce, distribute, modify, adapt, make derivative works of, display, perform, sell, resell, trade, transfer, license and use, in every possible manner, any and all of the Maps, the Digital Files, the Website, and all matters, features, processes, and operations. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, MAPS AND DIGITAL FILES IS AT YOUR SOLE RISK AND THAT THESE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. ANY MAP, DIGITAL FILES OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED ON THE WEBSITE OR FROM OR THROUGH ITS OWNER IS AT YOUR SOLE DISCRETION AND YOU SHALL SOLELY BEAR ALL RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER OR SYSTEMS OR LOSS OF DATA THAT MAY RESULT. THE WEBSITE OWNER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY AND EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE OWNER, ITS SUBSIDIARIES, AFFILIATES AND RELATED PERSONS, AND ITS LICENSORS, IF ANY, SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFIT, ANY LOSS OF GOODWILL OR REPUTATION, ANY LOSS OF DATA, OR OTHER LOSS, WHETHER OR NOT THE OWNER OR ITS REPRESENTATIVE HAS BEEN ADVISED OR AWARE OF THE POSSIBILITY OF SUCH LOSS. IF AND SOLELY TO THE EXTENT THAT THE LAWS OF ANY APPLICABLE JURISDICTION DO NOT ALLOW ANY OF THE FOREGOING DISCLAIMERS OR LIMITATIONS OR EXCLUSIONS OF LIABILITY, THE DISCLAIMER, LIMITATION OR EXCLUSION SHALL APPLY TO YOU ONLY TO THE MAXIMUM EXTENT AS PERMITTED BY APPLICABLE LAW.
Miscellaneous. No delay by the Website Owner in asserting any right or remedy under this agreement shall operate as a waiver. If any provision of this agreement is ruled invalid by a court of competent jurisdiction, all other terms and provisions of this agreement shall remain in full force and effect. In addition to all other rights and remedies of the Website Owner, You represent and agree that irreparable harm would result to Owner in the event of Your breach or anticipatory breach of any term, provision, limitation, condition or restriction; and You agree that the Owner, in addition to and not in lieu of other remedies, shall have right to permanent and temporary injunctive relief. This agreement is governed and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. You and the Owner agree to submit to the sole and exclusive jurisdiction, including personal jurisdiction, and venue of the state or federal courts in Travis or Hays County, Texas, in the event of any dispute.
Maps of the Past, 531 A W Hopkins StLeft Side Lower Level, San Marcos, TX 78666. Phone Number (888) 650-6050. If you wish to make any other use of any Map, Digital File or the Website, you must contact the Website Owner and enter a separate agreement prior thereto.
