Terms & Conditions Of Service
I. Acceptance of Terms
THESE TERMS AND CONDITIONS OF SERVICE (the "Terms") ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND NGHT, INC., d/b/a NATIONAL GEOGRAPHIC MAPS ("National Geographic") governing your use of this website www.topo.com (the "Site"). By using and/or visiting the Site (collectively, including all content and functionality available through the Topo.com domain name and the TOPO! Explorer Web Site), you signify your agreement to (1) these terms and conditions (the Terms of Service), (2) TOPO! Explorer's Privacy Policy, found at http://www.topo.com/privacy and incorporated here by reference, and (3) TOPO! Explorer's Community Guidelines, found at http://www.topo.com/community_guidelines and also incorporated here by reference. TO AGREE TO THESE TERMS, CLICK "AGREE". IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE", AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND NATIONAL GEOGRAPHIC MAY REFUSE ACCESS TO THE TOPO! EXPLORER WEB SITE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. National Geographic reserves the right to change the Terms at any time without prior notice. The most up-to-date version of these terms can be reviewed at http://www.topo.com/terms. Your continued access or use of the Site after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly. The Terms were last updated on February 26, 2008.
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the materials contained in the Site, with the quality of service or Content, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
II. TOPO! Explorer Web Site
1. These Terms of Service apply to all users of the TOPO! Explorer web site, including users who are contributors of Content including, but not limited to, maps, profiles, 3D map views, still images, text, video images, still images of video, graphic designs, audio recordings, multimedia combinations, GPS waypoints and routes.
2. National Geographic is the provider of the TOPO! Explorer Map Store (the "Service") that permits you to purchase software, digital maps, and aerial/satellite imagery under certain terms and conditions as set forth in this Agreement.
3. Your use of the Service and purchases made through it are subject to National Geographic's Terms of Sale at http://www.topo.com/terms_sales, which can be readily viewed on the Service and any end-user agreements or other terms and conditions required for use of the Service, all of which are herby made a part of this Agreement. If you have not already read National Geographic's Terms of Sale, you should do so now.
4. The TOPO! Explorer web site may contain links to third party web sites that are not owned or controlled by National Geographic. National Geographic has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites. In addition, National Geographic will not and cannot censor or edit the content of any third party site. By using the Site, you expressly relieve National Geographic from any and all liability arising from your use of any third party web site. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other web site that you visit.
III. TOPO! Explorer Accounts
1. In order to access some features of the Site, you will have to create a TOPO! Explorer account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep account password secure. You must notify National Geographic immediately of any breach of security or unauthorized use of your account. National Geographic shall not be responsible for any losses arising out of the unauthorized use of your account.
2. To contact National Geographic Maps about your account, please contact our Technical Support group at (800) 962-1643 or via e-mail at topo@ngs.org
3. You understand that the Service, and products purchased through the Service, such as software, maps, and aerial/satellite imagery ("Products") include a security framework using technology that limits your usage of Products to certain usage rules established by National Geographic and its licensors ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by National Geographic for compliance purposes, and National Geographic reserves the right to enforce the Usage Rules with or without notice to you. You shall not access or attempt to access an account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
IV. Purchase of TOPO! Explorer Content
1. You acknowledge that Products contain security technology that limits your usage of Products to the following Usage Rules, and, whether or not Products are limited by security technology, you agree to use the Products in compliance with the applicable Usage Rules.
Usage Rules
i. Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.
ii. You shall be granted a license that permits you to use the software and associated data files that comprise TOPO!. (See TOPO! Explorer End User License Agreement v.1.0 referenced at http://www.topo.com/enduser).
iii. You shall be authorized to use the Products only for non-commercial personal, business, or institutional use. Please consider carefully that the Products may not be adequate for purposes requiring precision in depiction of geographic features, exact measurement of direction or distance, or for similar purposes including but not limited to navigation, tracking, or emergency response.
iv. You shall be authorized to use the Products on three National Geographic-authorized devices.
v. You shall have the right to create and reproduce an unlimited number of hard copy Reproductions for your personal, in-house business, or intra-institutional use, subject to the property rights notice and credit requirements set forth below. We ask that National Geographic copyright notices appear in legible form on or adjacent to the Reproduction in the following form. For Maps: "TOPO! ©2008 National Geographic" and for maps with street data displayed: "TOPO! ©2008 National Geographic & ©2008 Tele Atlas, North America", and for maps using aerial/satellite data "TOPO! ©2008 National Geographic & ©2008 I-Cubed".
vi. You may distribute hard copy Reproductions, as long as the Reproductions are distributed freely, without charge, in a non-commercial manner and the National Geographic copyright notice appears in legible form. We ask that obtain a supplemental license in writing from National Geographic before you reproduce any Reproductions in publication that is for sale, resale or that contains paid advertisements. In many cases this license is available at no charge. Please contact National Geographic for more details about extended user licenses at topo@ngs.org.
vii. You may use the software to create and transfer Reproductions to GPS receivers for your personal use.
viii. You shall be authorized to use the Products to create and distribute an unlimited number of TOPO! Explorer trip (.trp format) files to other licensed TOPO! Explorer users via postings on the TOPO! Explorer web site, e-mail, ftp, and removable storage media as long as the Reproductions are distributed freely, without charge, in a non-commercial manner in the .trp format that can be read by the TOPO! Explorer software.
ix. You shall be authorized to create and display up to ten "view only" map images on your personal, business, or institutional web site as long as the Reproductions can be viewed freely, without charge. For all Reproductions used on web sites, you must include a prominent link to http://www.topo.com and National Geographic must be given legible credit on or adjacent to the Reproduction as described in (v) of the above. The preferred method of linking to topo.com is to make the credit text or the entire Reproduction image the actual link. You may not display images that could be downloaded in a "geo-referenced format" on any web site. We ask that you obtain a supplementary license in writing from National Geographic before you reproduce, display, or distribute any Reproductions as Graphic Images over the Internet or other electronic networks, above and beyond the authorized ten "view only" images as detailed in the above paragraph. Please contact National Geographic for more details about extended user licenses at topo@ngs.org.
2. You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology is an inseparable part of the Products. National Geographic reserves the right to modify the Usage Rules at any time.
3. The Service offers interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting or any information or materials on the Service. Moreover, you hereby grant National Geographic a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you.
4. National Geographic reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.
5. National Geographic has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that National Geographic in its sole discretion deems appropriate, including, without limitation under Section X or under our copyright policy.
V. Agreement to Pay
1. You agree to pay for all products you purchase through the Service, and that National Geographic may charge your credit card or PayPal account for any Products purchased, and any additional amounts (including taxes and late fees, as applicable) as may be accrued by or on connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING NATIONAL GEOGRAPHIC WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, or the PayPal account, you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your credit card or PayPal account information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until National Geographic can verify the validity of the new credit card or PayPal account information.)
2. Prices and availability of any Products are subject to change at any time.
3. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSCATIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
VI. Delivery of Product
On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by National Geographic.
VII. Intellectual Property
1. You agree that the Service, including but not limited to Products, maps, aerial/satellite imagery, profiles, 3D map views, still images, text, video images, still images of video, graphic designs, audio recordings, multimedia combinations, GPS waypoints and routes contains proprietary information and material that is owned by National Geographic and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based o the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
2. Notwithstanding any other provision of this Agreement, National Geographic and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will National Geographic be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement.
3. All copyrights in and to the Service, including but not limited to, the TOPO! Explorer Map Store (including the compilation of content, postings, and links to other Internet resources), and software, are owned by National Geographic and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
4. "National Geographic", "National Geographic Maps", the "Yellow Border Design", "TOPO!", "TOPO! Explorer" and other National Geographic trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of National Geographic. Other trademarks, service marks, graphics, and logos used in connection with the Service may be trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
VIII. Termination
1. If you fail, or National Geographic suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide National Geographic with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, National Geographic, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or part thereof.)
2. National Geographic reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and National Geographic will not be liable to you or to any third party should it exercise such rights.
3. The Service is controlled and operated by National Geographic from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
4. National Geographic reserves the right to take steps National Geographic believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to National Geographic's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that National Geographic has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as National Geographic believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to National Geographic's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party rights).
5. Certain content and Products available via the Service may include materials from third parties. In addition, National Geographic may provide links to certain third party web sites. You acknowledge and agree that National Geographic is not responsible for examining or evaluating the content or accuracy of any such third party material or web sites. National Geographic does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third party materials in a manner that would infringe or violate the rights of any other party, and that National Geographic is not in any way responsible for such use by you.
IX. Disclaimer of Warranties; Liability Limitations
1. National Geographic does not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error-free, and you agree that from time to time National Geographic may remove the Service for indefinite periods, or cancel the Service at any time, without notice.
2. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products delivered to you through the Service are (except as expressly stated by National Geographic) provided "As is" and "As available" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranty may not apply to you.
3. In no case shall National Geographic, its trustees, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the Services, including but not limited to, any errors or omissions in any content, or any loss or damage or any kind incurred as a result of the use of any content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some States or jurisdictions do not allow the exclusion of the limitation of liability for consequential or incidental damages, in such States or jurisdictions, National Geographic's liability shall be limited to the extent permitted by law.
4. National Geographic shall use reasonable efforts to protect information submitted by you in connection with the Service, but you acknowledge and agree that your submission of such information is at your sole risk, and National Geographic hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
5. National Geographic does not represent or guarantee that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and National Geographic disclaims any liability relating thereto. You shall be responsible for backing up your own system, including any Products purchased from the TOPO! Explorer Map Store that are stored in your system.
X. Waiver and Indemnity
1. By using the Service, you agree to indemnify and hold National Geographic, its trustees, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this Agreement, your use of the Service, or any action taken by National Geographic as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred. This means that you cannot sue or recover any damages from National Geographic, its trustees, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of National Geographic's conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement.
XI. Changes
1. National Geographic reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, and conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the TOPO! Explorer Map Store will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
XII. Notices
1. National Geographic may send you notice with respect to the Service by sending an e-mail message to the e-mail address listed in your TOPO! Explorer Account contact information, by sending a letter via postal mail to the contact address listed in your TOPO! Explorer Account contact information, or by posting on the TOPO! Explorer web site. Notices shall become effective immediately.
XIII. Governing Law
1. The laws of the State of New York govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with National Geographic or relating in any way to your use of the Service resides in the courts of the State of New York.
XIV. Miscellaneous
1. These Terms of Service constitute the entire agreement between you and National Geographic and govern your use of the Service, superseding any prior agreements between you and National Geographic. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content, or third party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions pf the parties, and the remaining portions shall remain in full force and effect. National Geographic's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. National Geographic will not be responsible for failures to fulfill any obligations due to causes beyond its control.
