Terms & Conditions of Use

OnTheMapUS Terms & Conditions of Use Agreement

January 10, 2007

OnTheMapUS (herein referred to as "OnTheMapUS" or the "Service") is a website that allows people to purchase certain exclusive rights tied to representations of cities and towns across the United States. These rights ("Claims") give the purchasers of the rights ("Claim Owners") certain exclusive rights to cities or towns represented on the website. The website defines town and city Claims by U.S. Postal Service zip codes and Claims are for a one year (365 day) period. The Rights attendant to a Claim include: 1) The right to resell the Claim (subject to review and verification of the transaction by OnTheMapUS); 2) the Right to benefit from advertising on their Claim Owner's Page (subject to additional payment to OnTheMapUS to Enable a My Referrals section); 3) the Right to create and place on the OnTheMapUS Service a Claim Owner's Page; 4) the Right to vote in issues brought before other Claim Owner's to be voted upon, from time to time; 5) the Right to access areas of the OnTheMapUS Service only available to Claim Owners. The services offered by OnTheMapUS ("OnTheMapUS" or "we" or "us") include the OnTheMapUS website (the "OnTheMapUS Website") and any other features, content, or applications offered from time to time by OnTheMapUS in connection with the OnTheMapUS Website (collectively, the "OnTheMapUS Services"). The OnTheMapUS Services are hosted in the U.S.

This Terms and Conditions of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the OnTheMapUS Services. By using the OnTheMapUS Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the OnTheMapUS Website) or you are a "Registered User" (which means that you have registered with OnTheMapUS), or you are a Claim Owner. The term "User" refers to a Visitor, Registered User, or Claim Owner. You are only authorized to use the OnTheMapUS Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the OnTheMapUS Website and discontinue use of the OnTheMapUS Services immediately. If you wish to become a Registered User, communicate with other Registered Users and make use of the OnTheMapUS Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes OnTheMapUS's policy for acceptable use of the OnTheMapUS Services and Content posted on the OnTheMapUS Website, your rights, obligations and restrictions regarding your use of the OnTheMapUS Services and OnTheMapUS's Privacy Policy. In order to participate in certain OnTheMapUS Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the OnTheMapUS Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@OnTheMapUS.com, Subject: Terms & Conditions of Use Agreement.

OnTheMapUS may modify this Agreement from time to time and such modification shall be effective upon posting by OnTheMapUS on the OnTheMapUS Website. You agree to be bound to any changes to this Agreement when you use the OnTheMapUS Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on OnTheMapUS and that you provide to other Users. For Claim Owners, your Claim Owner's Page may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other OnTheMapUS Registered Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and OnTheMapUS assumes no responsibility or liability for this material. If you become aware of misuse of the OnTheMapUS Services by any person, please contact OnTheMapUS or click on the "Report T&C Violation" link at the bottom of any OnTheMapUS page.

OnTheMapUS reserves the right, in its sole discretion, to reject, refuse to post or remove any content posted by you, or to restrict, suspend, or terminate your account, your access to all or any part of the OnTheMapUS Services at any time, for any or no reason, with or without prior notice, and without liability.

Eligibility. Use of and Registration to OnTheMapUS Services is void where prohibited. By using the OnTheMapUS Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the OnTheMapUS Services does not violate any applicable law or regulation. Your Claim Owner's Page may be deleted and/or your account terminated without warning, if we believe you are in violation of any of the above representations.
Term. This Agreement shall remain in full force and effect while you use the OnTheMapUS Services or are a Registered User. OnTheMapUS may terminate your Account at any time, without warning. Even after your account is terminated, this Agreement will remain in effect, including sections 5-17.
Fees. You acknowledge that OnTheMapUS reserves the right to charge for the OnTheMapUS Services and to change its fees from time to time in its discretion. If OnTheMapUS terminates your Account because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Password. When you sign up to become a Registered User, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Registered User at any time or to disclose your password to any third party. You agree to notify OnTheMapUS immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Non-commercial Use by Registered Users. The OnTheMapUS Services are for the personal use of Registered Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by OnTheMapUS. Illegal and/or unauthorized use of the OnTheMapUS Services, including collecting usernames and/or email addresses of Registered Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the OnTheMapUS Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Claim Owner's Pages without notice and may result in termination of Account privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the OnTheMapUS Services.
Proprietary Rights in Content on the OnTheMapUS Service.

OnTheMapUS does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the OnTheMapUS Services. After posting your Content to the OnTheMapUS Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the OnTheMapUS Services, you hereby grant to OnTheMapUS a non-exclusive, limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the OnTheMapUS Services.

Without this license, OnTheMapUS would be unable to provide the OnTheMapUS Services.

You represent and warrant that: (i) you own the Content posted by you on or through the OnTheMapUS Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the OnTheMapUS Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the OnTheMapUS Services.
The OnTheMapUS Services contain Content of OnTheMapUS ("OnTheMapUS Content"). OnTheMapUS Content is protected by copyright, trademark, patent, trade secret and other laws, and OnTheMapUS owns and retains all rights in the OnTheMapUS Content and the OnTheMapUS Services. OnTheMapUS hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the OnTheMapUS Content (excluding any software code) solely for your personal use in connection with viewing the OnTheMapUS Website and using the OnTheMapUS Services.
The OnTheMapUS Services contain Content of Users and other OnTheMapUS licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the OnTheMapUS Services.

Content Posted.

OnTheMapUS may delete any Content that in the sole judgment of OnTheMapUS violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. OnTheMapUS assumes no responsibility for monitoring the OnTheMapUS Services for inappropriate Content or conduct. If at any time OnTheMapUS chooses, in its sole discretion, to monitor the OnTheMapUS Services, OnTheMapUS nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the OnTheMapUS Services, and any material or information that you transmit to other Registered Users and for your interactions with other Users. OnTheMapUS does not endorse and has no control over the Content. Content is not necessarily reviewed by OnTheMapUS prior to posting and does not necessarily reflect the opinions or policies of OnTheMapUS. OnTheMapUS makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Registered Users.

Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the OnTheMapUS Services. OnTheMapUS reserves the right to investigate and take appropriate legal action against anyone who, in OnTheMapUS's sole discretion, violates this provision, including without limitation, removing the offending communication from the OnTheMapUS Services and terminating the Account of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of OnTheMapUS:

is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
provides any telephone numbers, street addresses, last names, URLs or email addresses;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
includes a photograph of another person that you have posted without that person's consent; or

The following is a partial list of the kind of activity that is illegal or prohibited on the OnTheMapUS Website and through your use of the OnTheMapUS Services. OnTheMapUS reserves the right to investigate and take appropriate legal action against anyone who, in OnTheMapUS's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
covering or obscuring the banner advertisements on any Claim Owner's Page, whether yours or someone else's, or any OnTheMapUS page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the OnTheMapUS Services or the networks or services connected to the OnTheMapUS Services;
attempting to impersonate another Registered User or person;
using the account, username, or password of another Registered User at any time or disclosing your password to any third party or permitting any third party to access your account;
using any information obtained from the OnTheMapUS Services in order to harass, abuse, or harm another person;
displaying an advertisement on your Claim Owner's Page apart from the My Referrals section, [except ads for the Claim Owner's own business or enterprise] or accepting payment or anything of value from a third person in exchange for an ad, mention or link apart from the My Referrals section; or
using the OnTheMapUS Services in a manner inconsistent with any and all applicable laws and regulations.

Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of OnTheMapUS to terminate Account privileges of any Registered User who repeatedly infringes the copyright rights of others upon receipt of prompt notification to OnTheMapUS by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the OnTheMapUS Services in a way that constitutes copyright infringement, please provide OnTheMapUS with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the OnTheMapUS Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Sent to: copyright@onthemapus.com
Registered User Disputes. You are solely responsible for your interactions with other OnTheMapUS Registered Users. OnTheMapUS reserves the right, but has no obligation, to monitor disputes between you and other Registered Users.
Privacy. Use of the OnTheMapUS Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers. OnTheMapUS is not responsible for any incorrect or inaccurate Content posted on the OnTheMapUS Website or in connection with the OnTheMapUS Services, whether caused by Users of the OnTheMapUS Services or by any of the equipment or programming associated with or utilized in the OnTheMapUS Services. Claim Owner Pages created and posted by Registered Users on the OnTheMapUS Website may contain links to other websites. OnTheMapUS is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by OnTheMapUS. Inclusion of any linked website on the OnTheMapUS Services does not imply approval or endorsement of the linked website by OnTheMapUS. When you access these third-party sites, you do so at your own risk. OnTheMapUS takes no responsibility for third party advertisements which are posted on this OnTheMapUS Website or through the OnTheMapUS Services, nor does it take any responsibility for the goods or services provided by its advertisers. OnTheMapUS is not responsible for the conduct, whether online or offline, of any User of the OnTheMapUS Services. OnTheMapUS 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, any User or Registered User communication. OnTheMapUS is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the OnTheMapUS Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the OnTheMapUS Services. Under no circumstances shall OnTheMapUS be responsible for any loss or damage, including personal injury or death, resulting from use of the OnTheMapUS Services, attendance at any event mentioned on the OnTheMapUS Services, from any Content posted on or through the OnTheMapUS Services, or from the conduct of any Users of the OnTheMapUS Services, whether online or offline. The OnTheMapUS Services are provided "AS-IS" and as available and OnTheMapUS expressly disclaims any warranty of fitness for a particular purpose or non-infringement. OnTheMapUS cannot guarantee and does not promise any specific results from use of the OnTheMapUS Services.
Limitation on Liability. IN NO EVENT SHALL ONTHEMAPUS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ONTHEMAPUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ONTHEMAPUS'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 ONTHEMAPUS FOR THE ONTHEMAPUS SERVICES DURING THE TERM OF REGISTERED USERSHIP.
U.S. Export Controls. Software available in connection with the OnTheMapUS Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the OnTheMapUS Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes. If there is any dispute about or involving the OnTheMapUS Services, you agree that the dispute shall be governed by the laws of the State of Georgia, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Georgia. Either OnTheMapUS or you may demand that any dispute between OnTheMapUS and you about or involving the OnTheMapUS Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Georgia, USA, provided that the foregoing shall not prevent OnTheMapUS from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold OnTheMapUS, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the OnTheMapUS Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the OnTheMapUS Website or through the OnTheMapUS Services causes OnTheMapUS to be liable to another.
Other. This Agreement is accepted upon your use of the OnTheMapUS Website or any of the OnTheMapUS Services and is further affirmed by you becoming a Registered User. This Agreement constitutes the entire agreement between you and OnTheMapUS regarding the use of the OnTheMapUS Services. The failure of OnTheMapUS to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. OnTheMapUS is a trademark of Manifest Destiny Media, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: T&C@onthemapus.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.