Last Updated: October __, 2021
Booksonmap Ltd. which is the operator of Mappo (hereinafter: “Mappo”, “We” or “Us”), provides the Service (as defined herein) to you (hereinafter: “User” or “You”), subject to the following terms of service (hereinafter: “TOS”) which may be updated by Us from time to time without notice to You. It is important for You to refer to these TOS from time to time to make sure that You are aware of any additions, revisions, or modifications that We may have made to these TOS. Your use of the Service constitutes Your acceptance of the TOS.
We currently provide a map layer of location-based culture oriented content, inter alia, for a unique and interesting travel experience that allows users to explore destinations at its best and information services to visitors of the Website (hereinafter: the “Users” and “Services”, respectively). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Mappo website and/or App features and/or additional websites/Apps, shall be subject to these TOS, unless stated otherwise. We may change, suspend or discontinue any aspect of the Services at any time without prior notice to You or any other User. We may also impose limits on certain features and services or restrict access to parts of or all of the Services without notice or liability. You agree that these TOS are personal to You and that You may not resell, lease, license, assign or redistribute the Services, in whole or in part, to any third party. We also may offer other services from time to time, which are governed by different terms of services, which are not related, directly or indirectly, to Us.
Registration is required in order for Users to receive any information and/or informational newsletters via email (hereinafter: the “Newsletters”). However, your registration shall not impose any obligation on Us to provide any particular service to You.
In order to register, Users are requested to give Us their contact information, demographic information and additional information as found suitable in Our sole discretion.
The Website contains information, text, materials, pictures, videos and other goods and services (collectively, the “Materials”) that are provided for Your convenience only. You should be aware that the Materials may contain errors, omissions, inaccuracies, outdated information, and inadequacies. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Materials and will not be liable for any lack of the foregoing.
The data and/or the information contained in the Website originates, in part or entirely, from third parties, including various websites over which Mappo has no control or ability to supervise, and is provided to You “AS-IS” for Your comfort and personal use only. Please be advised that such data and/or information may be changed and/or modified, and such changed and/or modifications may not be found in the Website.
You may not rely solely on the data and/or information and/or Materials that are provided by Mappo on the Website but shall conduct Your own research and authentication regarding the correctness of any of the Materials, data and information appearing on the Website.
The content provided by Us with regard to the Services is by no means, now, or in the future, to be regarded an offer and/or general, financial, investment legal and/or other counseling and may not be regarded a recommendation and/or opinion and/or a substitute to Your own personal discretion.
Please be advised, that often, the information located on Our website is opinion and not fact. We are glad to receive any comments You have with respect to the information posted on Our website to the following email address: email@example.com. It is Your responsibility to independently verify any information which You intend to rely upon, and We expressly disclaim any responsibility with respect thereto. If You are aware of any information on Our website which is factually inaccurate, hurtful or illegal, We urge you to inform Us so that We may act immediately to correct this.
Third party advertisers may offer goods, services and other materials to You on the Services. Your correspondence and business dealings with advertisers found on or through the Services including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You acknowledge and agree that We will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, and other Materials on the Services.
Descriptions of, or references to, products or publications within the Services do not imply endorsement of that product or publication.
We do not represent or warrant that every action You take with regard to Your activities in connection with the Services will be lawful in any particular jurisdiction. It is incumbent upon You to know the laws that pertain to You in Your jurisdiction and act lawfully at all times when using the Services.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use, modify, publicly perform, publicly display, reproduce, create derivative works from and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person.
You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree that we are not responsible for, and do not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and us, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Content.
The Services may contain hyperlinks to other websites which are not included as part of the Services (hereinafter: “Other Site(s)”). If You use the hyperlinks to access these Other Sites, You will leave the Services and Your browser will be re-directed to the Other Sites. Mappo may not have reviewed the content of any Other Site, and, whether it has reviewed the content of any Other Site or not, does not warrant or make any representation regarding any Other Site’s accuracy or authenticity. The hyperlinks to any Other Site do not constitute an endorsement by Mappo of any Other Site or resources, or their content. Mappo is only providing these links to You as a convenience, and the inclusion of any link does not imply endorsement by Mappo of the Other Site.
By clicking on Other Sites hyperlinks, We retain Your consent to transfer the Other Site some of Your details all in accordance to the Privacy & Cookies Policy.
Notwithstanding anything to the contrary contained in these TOS, We reserve the right to deny permission to link to the Services from any Website for any reason in Our sole and absolute discretion.
All Materials contained in the Services (hereinafter: the “Service Materials”) are protected by copyright and are owned and/or controlled by Mappo and/or its Affiliates (as defined below) and/or other third parties. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Services. Copying or storing any part of the Services is expressly prohibited without prior written permission from Us.
Mappo and other service marks, trademarks and logos displayed on the Services (hereinafter: the “Mappo Trademarks”) are the property of Mappo or its licensors. You agree not to display or use the Mappo Trademarks in any manner.
Permission to use Service Materials is granted provided that: (a) the copyright notice appears in all copies; (b) use of such Service Materials is for personal and non-commercial use only and will not be shared, copied or posted on any network computer or broadcast in any media; and (c) no modifications of the Service Materials are made.
You hereby agree and give Us your permission to use content you have created and shared. Some content that you share or upload, such as photos or videos (the “Content“), may be protected by intellectual property laws.
You hereby declare and undertake that You are the sole and exclusive owner of all the intellectual property rights (copyright or trademarks for example) in any such Content that you create and share on the Website. You are free to share your Content with any third parties, without any limitation. You hereby acknowledge that by using the Services and/or the Website You grant Us the legal permissions to use the Content (hereinafter: “License”).
The granting of the License is solely for the purposes of providing and improving our Products and services, specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products. The License you grant Us is a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide License to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Content. This means, for example, that if you share a photo on the Website, you give us permission to store, copy, and share it with others (consistent with your settings). This License will end when your content is deleted from our systems.
For your information, You can delete Content individually or all at once by deleting your account. If you decide not to delete the Content, it will becomes Mappo’s general Content. When you delete Content, it’s no longer visible to other users, however it may continue to exist elsewhere on our systems where: immediate deletion is not possible due to technical limitations; your content has been used by others in accordance with this License and they have not deleted it (in which case this License will continue to apply until that content is deleted); or where immediate deletion would restrict our ability to: investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems); comply with a legal obligation, such as the preservation of evidence; or comply with a request of a judicial or administrative authority, law enforcement or a government agency, in these cases, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis). In each of the above cases, this license will continue until the content has been fully deleted.
You hereby agree and declare that by sharing any Content on the Website, you are not violating any third-party intellectual property rights. In addition, You know that We will be entitled at our sole discretion to remove any Content from the Website/App and you will not have any claim in this regard.
In the event that You are a copyright owner or an agent of such a copyright owner, and believe that any content on the Website infringes upon Your copyright, notwithstanding the above, You are welcome to provide Us with the following information in writing:
Mappo’s designated copyright agent to receive notifications of claimed infringement can be contacted at: firstname.lastname@example.org. A notice that fails to comply with the terms mentioned above may not be valid. Please be advised that You may be liable for damages (including attorneys’ fees and other expenses) if You materially misrepresent or claim that information posted on Our website is infringing Your copyrights. Therefore, if You are uncertain whether certain materials infringe Your copyrights, We recommend that You first obtain qualified legal advice.
Notwithstanding anything contrary, User hereby agrees and undertakes that it, at all times, shall keep and respect these TOS and terms of service agreements and copyright rights of third parties.
For the avoidance of any doubt, the User hereby undertakes not to display in public and/or for non-personal use any copyrighted materials of which the User is not the owner.
You hereby warrant and represent that no consent, approval, order, license, permit, action by, and/or authorization of and/or designation, declaration, from any person and/or entity on your behalf, is required, that has not been, or will not have been, obtained by you prior to your use of the Services.
You hereby warrant and represent that the use of the Services is based upon your own investigation, analysis and/or experience.
Your decision to use the Services was taken independently by you and you confirm that you did not rely on any representations, warranties, advice, opinion or any other information (verbally or in writing) from Mappo and/or its respective officers, directors, employees and shareholders relating to the Services.
You further represent warrant and covenant that due to the nature of the Services, you shall at all times act in accordance with the applicable law in any relevant jurisdiction and shall diligently comply with regulatory procedures.
You further represent warrant and covenant that you bear sole and absolute responsibility for any and all obligations resulting from requesting and receiving the Services, including, but not limited to payment obligations.
You further represent warrant and covenant that you will not: (a) reverse engineer or decompile (whether in whole or in part) any software which may be available through the Services (hereinafter: the “Software”); (b) make copies, modify, reproduce, republish, post, transmit, distribute or alter all or any part of the Services or any materials contained on it.
THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, PICTURES, VIDEO, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MAPPO MAKES NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE CONTENT ON AND PROVIDED THROUGH THE SERVICES; (B) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICES; (C) THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE SERVICES BY USERS; (D) ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR ANY LINKED SITE. MAPPO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MAPPO DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES. FURTHER, MAPPO DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
MAPPO SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
UNDER NO CIRCUMSTANCES SHALL MAPPO BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICES AND/OR OF THE WEBSITE, EVEN IF FORESEEABLE OR MAPPO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION.
You agree to defend, indemnify and hold Mappo harmless with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with the Services or this TOS, including, without limitation, Your use of the Services. Specifically, without derogating from the generality of the foregoing, You agree to defend, indemnify and hold Mappo harmless against any loss or damage arising from Your unauthorized use of the Website or Your disclosure of incorrect information from all actions, proceedings, claims, demands, costs (including legal costs), awards and damages howsoever arising, directly or indirectly as a result of any breach or non-performance by you of any of your obligations under these TOS.
Notwithstanding the foregoing, Mappo retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Mappo herein under the terms and provisions of this Section 11 and in no event shall you settle any such claim without Mappo’s prior written approval.
THIS AGREEMENT AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ISRAEL, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. THE COURTS OF ISRAEL SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION OVER ANY DISPUTE BETWEEN THE PARTIES HERETO.
This TOS contains the sole and entire agreement between the parties with respect to the use of the Services and the Website and supersedes any and all other prior written or oral agreements between them. Captions contained in this TOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this TOS or the intent of any provision of this TOS. It is the intent of the parties that neither this TOS, nor any covenant in this TOS, shall be construed against either party pursuant to the common law rule of construction against the drafter. If any provision of this TOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this TOS. Notwithstanding the foregoing, Mappo retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Mappo herein under the terms and provisions of this Section 13 and in no event shall You settle any such claim without Mappo’s prior written approval.