Cartolog Terms and Conditions
By using any service (including free and paid-for) provided by Cartolog, you accept the following terms and conditions of
Cartolog. If you do not agree to these terms, you should not use this site or any of the Cartolog services.
We may change, add, or remove any part of these terms, or any part of the services, inclusive of prices on the price-list,
at any time. If any of the changes to these terms are unacceptable to you, you should refuse to accept any updated terms
proposed by us. In such case you are not allowed to continue using the services of Cartolog. Cartolog may modify the terms
at any time with or without notice. You can review the most current version of the terms
here. If a modification is unacceptable to you, you may cancel the service by
removing the code from your site and sending us a written notice (info@Cartolog.com). If you continue to use Cartolog
services, you will be deemed to have accepted the modifications.
The term "Cartolog" or "us" or "we" or "our" refers to Cartolog LTD, Israel, the owner of the Cartolog website and services.
The term "you" refers to the viewer or user of the Cartolog website and the Cartolog services.
1. Cartolog service
Cartolog is a hosting and consultancy company, and it provides a service which improves the presentation of your geoinformation
data on third-party mapping systems. Our website and Cartolog services provided to you on and through our website are on
an "AS IS" basis.
In order to access the service, you need to create an account on Cartolog website. You will be issued an alphanumeric key
assigned to you by Cartolog that is uniquely associated with your account.
In consideration of your use of the service, you agree to: (a) provide true, accurate, current and complete information
about yourself as stated in the service's registration form (such information being the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, we maintain the right to suspend or terminate your account and refuse any
and all current or future use of our services by you.
2. Content
Content in the service includes marker informations, especially an id, geocoding points and attributes. You may not use
or access or try to use or access data owned by another account. Cartolog reserves the exclusive right and discretion to
determine whether your use of the content through the service conforms with this section, and also reserves the right to
terminate or suspend your access to the content at any time for any reason, without notice.
We store the content provided by you using the API: marker id, marker coordinates, marker attributes. You maintain intellectual
property rights in the content and you will bear full responsibility for its online display, backups and cycle-life.
In order to subscribe and receive Cartolog services, customer’s map must conform with the
Google Maps API Terms of Use
and in particular, provide a free access to the map
3. Authority to use
You represent and warrant that you have all the necessary right, power and authority to use the Cartolog service and accept
the terms described herein. Including having a valid license to use the software applications that generate your content,
and the right to maintain your content and your information on Cartolog services. Otherwise, you are not permitted to maintain
content or any information on the services. You may not use Cartolog, or accept the terms, if you are not of legal age to
form a binding contract.
4. License to use
Cartolog grants you a non-exclusive, non-transferable, revocable right to access and use the Cartolog services. The services
provided to you may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand
features of Cartolog and/or its partners. You may not delete or in any manner alter or abuse these trade names, trademarks,
service marks, logos, domain names, and other distinctive brand features. You agree to maintain, and not to remove, modify,
obscure or alter, any link or notices appearing on any map image provided through the service.
The customer agrees that Cartolog is the exclusive owner of the Service and that the Service includes valuable trade secrets
of Cartolog.
5. Personal data
You are allowed to access, modify and delete rights on Your personal data. To achieve this, You simply send us an email
providing your name, surname and address at the following email address info@Cartolog.com.
To gain access to, and use the Cartolog services, you may be required to create a Cartolog account using your email address
and password ("Credentials"). You are responsible for all activity occurring under your Credentials Information, and you
must keep your Credentials Information confidential and not share your Credentials Information with other individuals or
third parties. Cartolog has no obligation or responsibility with regard to your use, disclosure, or management of Credentials.
Notwithstanding the foregoing, Cartolog may require you to change Your Credentials if such Credentials are inconsistent
with the terms.
If you maintain confidential information, trade secrets, or other sensitive information on Cartolog services, you are solely
responsible for implementing safeguards for such information that are additional to the security measures the Cartolog services
provide.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE CARTOLOG SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
CARTOLOG LTD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CARTOLOG OR THROUGH OR FROM CARTOLOG SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
(d) THE LIABILITY OF CARTOLOG UNDER THESE TERMS OF USE REGARDLESS OF THE BASIS OF LIABILITY OR THE FORM OF ACTION, WILL NOT
EXCEED THE FEES PAID TO CARTOLOG FOR THE SERVICES CAUSING THE LIABILITY. IN NO EVENT WILL CARTOLOG BE LIABLE FOR ANY INDIRECT,
SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, INCLUDING WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE
SERVICE, OR ANY RESULTS OBTAINED FROM OR THROUGH THE SERVICE.
(e) CARTOLOG BEARS NO LIABILITY FOR ANY CONTENT PUBLISHED ON BEHALF OF ADVERTISERS ON CARTOLOG SITE, AND ANY SUCH ADVERTISING
IS DONE SOLELY AT THE LIABILITY OF THE ADVERTIZER.
7. Termination
Cartolog may change, suspend or discontinue all or any aspect of the services, including their availability, at any time,
and may suspend or terminate your use of the service at any time. Especially if you engage in any activity that reflects
poorly on Cartolog or otherwise disparages or devalues the Cartolog brand features or Cartolog's reputation or goodwill,
or use Cartolog services for any competitive purposes
You may terminate free services at any time and for any reason whatsoever. Paid-for services may be terminated at the end
of the minimum subscription period of 1 (one) month. If a service is not terminated it will be automatically extended for
another period of 1 (one) month.
If you wish to terminate any Cartolog service, you must remove the code from your site and send us a written notice by email
(info@Cartolog.com).
Upon termination of Cartolog services for any reason all license rights granted herein shall expire. Neither party shall
be liable toward the other party for damages of any sort resulting solely from terminating the Cartolog service in accordance
with the terms herein.
8. Rejection of Application
Cartolog shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any
reason, and such rejection shall render null and void the terms of Cartolog service between you and Cartolog. Cartolog shall
not be liable to you for damages of any sort resulting from its decision to reject such a request.
9. Conduct
Use restrictions in connection with your access or use of the Cartolog services. You hereby agree not to:
(a) introduce a virus, worm, Trojan horse or other harmful software code or similar files that may damage
the operation of a third party's computer or property or information;
(b) use the services in any manner that could damage, disable, overburden, or impair any Cartolog server,
or the network(s) connected to any Cartolog server or interfere with any other party's use and enjoyment of the services;
(c) attempt to gain unauthorized access to service, materials, other accounts, computer systems or networks
connected to any Cartolog server or to the services, through hacking, password mining, or any other means;
(d) Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate the Service or any portion thereof.
(e) obtain or attempt to obtain any materials or information through any means not intentionally made
available through the services;
(f) host, on a subscription basis or otherwise, the services, including any related application, (i) to
permit a third party to use the services to create, transmit, or protect any content, or (ii) to conduct conferences or
online meeting services for a third party;
(g) engage in any systematic extraction of data or data fields, including without limitation e-mail addresses;
(h) disclose, harvest, or otherwise collect information, including e-mail addresses, or other private
information about any third party without that party's express consent;
(i) transmit junk mail, spam, surveys, contests, pyramid schemes, chain letters, or other unsolicited
e-mail or duplicative messages;
(j) sell, lease, or sublicense the services or the services documentation or obtain access thereto to
derive revenue from the use or provision of the services or the services documentation, whether for direct commercial benefit,
monetary gain or otherwise, unless you obtain Cartolog's express written consent in advance;
(k) defraud, defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights
of privacy and publicity) of others; or
(l) upload, or otherwise make available, files that contain images, photographs, software, or other material
protected by intellectual property laws, including but not limited to copyright or trademark laws (or by rights of privacy
or publicity) unless You own or control the rights thereto or have received all necessary consent to do so.
10. Indemnity
You agree to hold harmless and indemnify Cartolog and its affiliates and each of their respective officers, agents, employees,
and suppliers (the "Indemnitees") from and against (A) claims and causes of action, pending or threatened, of any kind (whether
based on contract, tort or otherwise) by third parties, including any of your affiliates or users, arising from or in any
way related to your or your users' use of the Cartolog services, or any violation of these Terms of Use (collectively, "Claims"),
and (B) liabilities, losses, damages, costs and expenses (including, without limitation, reasonable outside attorneys' fees
and the allocable costs of in-house counsel) suffered or incurred by any of the Indemnitees in connection with any Claims.
11. Miscellaneous
The geocoding service provided by Cartolog depends on the Google geocoding abilities. Cartolog bears no liability for any
undetermined geocoding, and such issues are to be resolved exclusively by the customer. Being that the geocoding capacity
is also dependent on the Google capacities, geocoding duration may also take significant time. The customer should allow
downtime for maintenance and map providers downtime. The service times depend on Google maps uptime. Customer hereby understands
that some attributes may be left out when populating the database due to a technical failure. There are places/areas which
are not covered by Google maps. The map view counter increases by one whenever the map application gets loaded, usually when refreshing the current page or accessing a new web page that contains the map.
The service provided by Cartolog depends on Google and Amazon. The customer will bear no claim, demand and/or argument against
Cartolog for defect or malfunction preventing Cartolog from providing the service, which is beyond Cartolog’s control. In
any case the service may not be provided, for any reason not depending on Cartolog, the service agreement will be cancelled
and the customer will raise no claim against Cartolog for compensation of any kind whatsoever
12. Governing Law
Cartolog is controlled by Cartolog LTD from its office in Hadera, Israel. By accessing and using Cartolog, you and Cartolog
agree that all matters relating to this terms and your access to, or use of, the Cartolog services shall be governed by
the statutes and laws of Israel, without regard to the conflicts of laws principles thereof. You and Cartolog also agree
and hereby submit to the jurisdiction and venue of Hadera with respect to such matters. The application of UCITA and the
United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
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