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
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.
1.4 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.
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
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;
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.
5.1 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.
6.1 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
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.
9.1 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.
10.1 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.
11.1 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.
12.1 By visiting or
using the Site and/or the Service, you agree that the laws of Hong Kong SAR,
People¡¯s Republic of
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.
13.1 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.