Beta
Universal Mind
Spatial Key Website Terms of Use/Privacy Policy
Binding Contract/Modifications/Conditional Use: The geographic mapping services you are about to access (the “Services”) were created and are made available by Universal Mind, Inc. (“UM”) as part of a beta test. By using the Services, any software made available in conjunction with the Services (“Software”), or any features of SpatialKey.com (the “Site”), you agree to be bound by the following terms. IF YOU DON’T AGREE, YOU MAY NOT USE THE SOFTWARE, SERVICES OR SITE FEATURES OR FUNCTIONS. By using the Services, Software or any features of the Site you are creating a binding agreement between you and UM. This agreement can be modified at any time by UM by notifying users (which may be by posting a notice of amendment on the Site). YOUR USE AFTER NOTICE CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED TERMS. IF YOU DO NOT AGREE WITH THE NEW TERMS, YOU ARE NOT PERMITTED TO CONTINUE USING THE SITE OR SERVICES.
1. Software License and Restrictions. You may use the Software made available through this beta site only for your personal, non-commercial purposes. This beta is intended for entertainment purposes and should not be relied upon to direct conduct in the real world, such as transportation, real estate purchases, or other geography-dependent activities. You agree that the Software contains confidential and trade secret information of UM and that you may not: disclose such confidential information to third parties; decompile or reverse engineer any Software code we may make available; modify the Software; or redistribute, resell, or otherwise use commercially our Software, Services or Site.
2. Code of Conduct/Right to Terminate:
- You will not post or distribute any materials that are abusive, libelous, defamatory or obscene; or that are fraudulent or deceptive; or that violate anyone’s copyrights or other intellectual property; or that violate anyone’s confidentiality or privacy; or that harass, threaten, or are otherwise inappropriate.
- You will not falsely identify the source of any communications or materials, deliberately mislead anyone as to your identity (including impersonating a representative of UM), use the site to transmit unsolicited email, or act contrary to the law.
- You will indemnify UM if it gets sued because of your misconduct.
- We can terminate your access to the Site, Software and Services (i) for any actual, apparent, threatened, or accused misconduct, or (ii) in our discretion for any reason.
3. Uploaded Materials: You represent that you will have the right to post or upload to our Site any information or materials that you do post or upload, and you hereby license us and other members to make unrestricted and perpetual use of any such materials you make available in a public area of the Site. You will indemnify us and any members who get sued because you violate this representation or act to cancel the license.
4. Objectionable Content/Copyright Takedown: If you believe your rights have been violated by, or you otherwise object to, any posting, content or information on the Site, please contact us promptly so we can evaluate the claim and take appropriate action. If your objection relates to copyright infringement, please observe the following paragraph.
Copyright Policy: Without limiting the above, it is UM’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the content or materials appearing on this Site contain infringements, please send a notice to us at the address below. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
UM’s designated agent to receive notification of claimed infringement is Thomas Link, 94 N. Elm Street, Suite 306 Westfield, MA, email: support@spatialkey.com, phone: 866.429.2481. This contact information is only for notices relating to copyright infringement; all other notices, comments, or other communications should be sent to the contact stated under “Communications” below.
5. Third Party Sites and Products: We may include links to third party sites or information about third party products or services. You should check the terms of use and privacy policies of all sites you link to from our site. WE DO NOT ENDORSE OR TAKE RESPONSIBILITY FOR THESE THIRD PARTY OFFERINGS. WE DO NOT VET OR TAKE RESPONSIBILITY FOR THE POSTINGS OF OTHER USERS.
6. Privacy: If we ask you for personally identifiable information, we will tell you how we intend to use it. If not otherwise specified, we will only use this information to contact you about our and our partners’ offerings, services and new features. We will not share your personal information with third parties without your permission, except where required by law or law enforcement or in connection with a sale of the business. We use cookies and log files, but these do not disclose personally identifiable information. Please remember that any information you share in a public forum is available to all members and users. WE HAVE NO RESPONSIBILITY OR LIABILITY IF YOUR INFORMATION OR IDENTITY IS MISUSED OR STOLEN, OR IF YOU SUFFER HARM AS A RESULT OF YOUR VOLUNTARY DISCLOSURES.
7. Disclaimer and Liability: ALL SERVICES AND SOFTWARE ARE PROVIDED AS-IS AND WITHOUT WARRANTIES OF ANY KIND. You are responsible for all actions on the Site by you or under your account. You agree that UM and its officers and employees will have no liability to you whatsoever, direct or indirect, for any damage, loss or expense you suffer as a result of your visiting our Site, using our Services or Software, viewing another site from ours, obtaining information, products or services from our affiliates, or otherwise arising from your relationship with us, unless caused by our willful misconduct.
8. Intellectual Property: This Site and our Software and Services are protected by our copyrights, trade secret rights and other intellectual property laws. We own all such IP (except certain in-licensed code), which you agree not to use without our consent, except solely in conjunction with your personal, non-commercial use of this Site as permitted by these Terms. If you create derivative works of our product, despite the prohibition on doing so, you agree that we will own the intellectual property in those works and hereby assign all such IP rights to us.
9. Communications: All communications (except as noted under Copyright Policy) should be sent to: support@spatialkey.com
10. MapQuest Terms and Conditions You assume all risk of use. Mapquest, UM, and their suppliers make no representations or warranties about this content.
11. Miscellaneous: This license is governed by the internal laws of Massachusetts, which shall have jurisdiction over any disputes, and may not be assigned or sublicensed without our express written permission. No agency, partnership or joint venture is created by this Agreement. At our election, disputes are subject to mediation and/or arbitration in the Boston area.
