Terms of Use

Date of Last Revision: Nov 29, 2007.

Welcome to MapKing Webmap, a online geographical information application that provides search and navigation functions with extensive and comprehensive content in the South East Asia region. The MapKing Webmap service and network (collectively "the Service") are operated by MapKing International Limited and MapAsia Technology Limited and their corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at webmap.mapking.com or the mobile version thereof (together the "Site"), you (the "User") acknowledge that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"). We reserve the right, at our absolute discretion, to change, amend, add, or delete any of these Terms of Use at any time without notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1.     Proprietary Rights in Site Content

1.1   All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, map data, information, applications, software, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.

 

1.2   Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

 

1.3   Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. The limited license granted herein is subject to these Terms of Use and does not include use of any data mining or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will automatically terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

1.4   You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality contained in the Software, (iii) use the Software to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter the Company's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software.

 

 

2.     Trademarks

2.1   MapKing, MapKing Local, MapKing Webmap, MapKing Mobile, MapAsia, and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade names of Company in the U.S., China, Singapore, Malaysia and/or other countries. Company's trademarks and trade names may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

3.     User Conduct

3.1   The Service and the Site are available for your personal, non-commercial use only. You declare, warrant and agree that no information or materials of any kind submitted by you through your account or otherwise posted or transmitted by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, or other personal or proprietary rights; or contain immoral, defamatory or otherwise unlawful material.

3.2   In addition, you agree not to use the Service or the Site to:

¡¤        harvest or collect map data or other information from the Service or the Site by electronic or other means;

¡¤        use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or bring disrepute to the Site or the Service;

¡¤        use automated scripts to collect information from or otherwise interact with the Service or the Site;

¡¤        upload, post, transmit, share, store or otherwise make available any content that is deemed to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, vulgar, obscene, deceptive, fraudulent, invasive of privacy or publicity rights, or otherwise objectionable;

¡¤        impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

¡¤        upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

¡¤        upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party without that third party¡¯s consent, including, without limitation, addresses, phone numbers and email addresses;

¡¤        upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

4.     User Content Posted on the Site

4.1   You are solely responsible for the notes, text, geographical and other information, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post or transmit User Content on the Site or Service that you do not have permission to post or you know is incorrect, inaccurate, outdated, misleading, or otherwise useless. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company breaches the terms and conditions herein, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.

4.2   When you post User Content to the Site, you authorize and direct us to make such copies thereof and/or modification thereto as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site and in consideration thereof, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, royalty-free worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, modify, translate, compile or recompile, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing for commercial use, application or otherwise. You may request to remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will continue to the fullest extent permissible by law.

5.     Copyright Complaints

5.1   We prohibit users from uploading, posting or otherwise transmitting on or through the Site or Service any materials that violate another party's intellectual property rights. Upon receiving substantiable complaint of infringement of copyright or other intellectual property right of third parties, we may at our sole discretion remove or disable access to the allegedly infringing material and terminate the access of repeated infringers to the Site and/or Service. If you believe that any material on the Site infringes any copyright which you own or control, you may send a written notification of such infringement to us.

6.     Third Party Websites and Content

6.1   The Site contains (or you may be sent through the Site and/or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, information, applications, software and other content or items belonging to, displaying by or originating from third parties (the "Third Party Applications or Content"). Such Third Party Sites and Third Party Applications or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, social acceptability, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications or Content. Our inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.

 

7.     Your Link to the Site

7.1   You are allowed to post on your own webpage a link to the Site (¡°Link¡±) to facilitate visitors to your site to utilize the Site Content PROVIDED that in so doing, you must display the Company¡¯s logo on your webpage indicating the link to the Site and procure that the visitors directed to the Site agree to abide by the Terms of Use herein in using the Site and/or Service. Access to the Site Content by your redirection will be subject to the same Terms of Use and you agree that the publication of the Link or Site Content on your site will be in the same format as provided by us without any modification, conversion or alternation.

8.     MapKing Mobile Services

8.1   The Service includes certain services (¡°Mobile Services¡±) that are available via your mobile phone, your telecom service provider's normal messaging, data and other rates and fees will apply. You should check with your telecom service provider to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your telecom service provider, and not all Mobile Services may work with all telecom service provider or devices. Therefore, you should check with your telecom service provider to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may, to the fullest extent permissible by law, communicate with you regarding MapKing and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to or stored by us.

 

9.     Terms of Sale

9.1   Please refer to our Standard Terms amd conditions of Sale for the terms, conditions and policies applicable to your purchase of products or services from Company. By ordering products or services from Company through the Site, you agree to be bound by and accept the Standard Terms and Conditions of Sale. The Standard Terms and Conditions of Sale are available at the Site and are subject to change without prior notice at any time in Company's sole discretion, so you should review the Standard Terms and Conditions of Sale each time you make a purchase.

10.   Disclaimers

10.1 The Company is not responsible or liable in any manner for any User Content or Third Party Applications or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by the Company, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post or transmit on the Site and are not responsible for any incorrect, inaccurate, incomplete, outdated, misleading or deceptive, offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site and/or Service.

10.2 The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User¡¯s communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of service on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of or reliance on the Site or the Service, any User Content or Third Party Applications or Content posted on or through the Site or the Service or transmitted to Users.

 

10.3 The Site, the Service (including the mobile services), and the Site content are provided ¡°as-is¡± and the Company disclaims any and all representations and warranties, whether express or implied, including without limitation implied warranties of title, merchantability, or fitness for a particular purpose. The Company cannot guarantee and does not promise any specific results from use of the Site and/or the Service and/or any Third Party Applications or Content. The Company does not represent or warrant that software, content or materials on the Site, the Service are accurate, complete, reliable, current or error-free or that the Site or Service its servers, or any platform applications are free of viruses or other harmful components.  Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, marterial, data or software from or through the Service and any platform applications at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.  No advice or information, whether oral, written or in display, obtained by you from or through MapKing or any third party or through the Site or Service shall create any warranty not expressly stated in these terms and conditions.


10.4 The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

 

11.   Limitation on Liability

11.1 In no event will the Company or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Site or the Service, any platform applications or any of the Site Content or other materials on, accessed through or downloaded from the Site, even if the Company is aware or has been advised of the possibility of such damages.  Notwithstanding anything to the contrary contained herein, the Company¡¯s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Company for the Service during the term of membership, but in no case will the Company¡¯s liability to you exceed US$100.  You acknowledge that if no fees are paid to the Company for the Service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from the Company, regardless of the cause of action.

 

12.   Governing Law; Venue and Jurisdiction

12.1 By visiting or using the Site and/or the Service, you agree that the laws of Hong Kong SAR, People¡¯s Republic of China, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims, you agree not to commence or prosecute any action in respect thereof other than in the courts of Hong Kong SAR, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of Hong Kong.

12.2 Notwithstanding any statute of limitation, in no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of action arose.

 

13.   Indemnity

13.1 You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications or Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

14.   Miscellaneous

14.1 These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.