On a Map Inc. ("On a Map") owns and operates GirlsOnAMap.com (our "Site"), on which we provide an interactive way for users to get travel advice and a sense of the local inhabitants (collectively, our "Service").
We reserve the right, at our discretion, to modify these TOS at any time. Please check these TOS periodically for changes. Your continued use of this site following the posting of changes to these TOS will mean you accept those changes.
This legal agreement is made between you and On a Map. By accessing the Service, you accept these TOS and agree to the TOS, conditions and notices contained or referenced herein whether or not you become a paid subscriber. IF YOU DO NOT AGREE WITH THESE TOS, DO NOT USE OR ACCESS THE SERVICE.
In your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. Inappropriate behavior includes but is not limited to:
Please report any pictures of minors to email@example.com. Child pornography will not be tolerated and will be promptly reported to NCMEC.
We reserve the right to decide what behaviors fall into these categories and will make reasonable efforts to deny access to users who do not comply with these terms. However, we make no guarantee you will not view offensive content before it is removed.
You may not use the Site unless you are 18 years or older and who have otherwise attained the age of majority in the jurisdiction of their residence. By using our Site and/or using the Service, you represent and warrant that you are at least 18 years old and otherwise have the right, authority and capacity to accept these TOS and abide by all of the TOS and conditions set forth herein.
By submitting any content (including without limitation, your photograph) to our Site, you represent and warrant to us that the content, including your photograph, is posted by you and that you are the exclusive author of the content, including your photograph, and use of your content by us will not infringe or violate the rights of any third party. You waive absolutely any and all rights to be identified as the author of the content, including photographs, and any similar rights in any jurisdiction in the world but permit us to identify you, reuse, and/or distribute the content in our sole and absolute discretion. By submitting any content (including without limitation your photograph) to our Site, you automatically grant, and you represent and warrant that you have the right to grant and are granting, to us, and our licensees, affiliates and successors, a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, and modify such content or incorporate into other works such content, and to grant and to authorize sub-licenses of the foregoing.
We have no obligation to post any content that you or anyone else submits. While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to monitor, delete, move, or edit messages or materials, including without limitation advertisements, profiles, public postings and messages, that we, in our sole discretion, deem to violate these TOS or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.
On a Map may for any reason or no reason, in its sole discretion, and without notice, terminate your account, and remove from the site any content associated with your account. We will report illegal behavior as circumstances warrant and fully cooperate with any law enforcement authorities or court order requiring or directing us to disclose the identity of our users.
Any suspension, termination, or cancellation of your account shall not affect your obligations under these terms (including but not limited to ownership, indemnification, and limitation of liability), which are intended to survive such suspension, termination, or cancellation.
On a Map provides you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, photographs, text and other materials (collectively “User Content”). You grant On a Map and its successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform any such User Content, including without limitation, for the purposes of commercially promoting the site. You hereby represent and warrant to us that: (a) that you have the full power and authority to enter into and perform under these TOS, (b) your use our Service will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, (c) you will comply with all applicable laws in using our Service and in engaging in all other activities arising from, relating to or connected with these TOS, including, without limitation, contacting other users of our Service and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
You hereby represent and warrant to us that: (a) that you have the full power and authority to enter into and perform under these TOS, (b) your use our Service will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, (c) you will comply with all applicable laws in using our Service and in engaging in all other activities arising from, relating to or connected with these TOS, including, without limitation, contacting other users of our Service and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
You agree to defend, indemnify, and hold On a Map, its affiliates, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your User Content and your access to or use of On a Map or your violation of these Terms of Service.
The Service contains information, which is proprietary to us, our partners and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please email firstname.lastname@example.org and send us your notice of infringement by following the instructions provided.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, services and content, including user content made available by other members, remains with you. Neither On a Map nor any other party involved in creating, producing, or delivering the site, services or content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms of Service or from the use of or inability to use the site, services or content, or from any communications, interactions or meetings with other users of the site or services or other persons with whom you communicate or interact as a result of your use of the site or services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not On a Map has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will On a Map's aggregate liability arising out of or in connection with these Terms of Service or from yours use of or inability to use the site, services or content exceed the amounts you have paid to On a Map for use of the site. the limitations of damages set forth above are fundamental elements of the basis of the bargain between On a Map and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
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