Terms and Conditions
Introduction; Agreement to this Terms of Service
Welcome to TerraPages' MokBee Maps. ("TerraPages",”MokBee Maps ”, "We", "Our") mobile and web service (the "MokBee Maps Service"), Web site, and/or any other mobile or web device Service applications owned, controlled, or offered by TerraPages (collectively, the "MokBee Maps Products"). Subscribers, customers, users, and others who download, access, use, purchase and/or subscribe to the MokBee Maps Products (collectively or individually "You" or "Users") must do so under the following terms and conditions of use. BEFORE USING ANY MokBee Maps PRODUCTS, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, BROWSING AND/OR USING THE MokBee Maps PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH IN THE MokBee Maps REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THIS TERMS OF SERVICE, AND ALL GUIDELINES (COLLECTIVELY, THE "AGREEMENT"). IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE MokBee Maps PRODUCTS IMMEDIATELY.THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND TERRAPAGES.
1. Disclaimers
THE MokBee Maps PRODUCTS ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE MokBee Maps PRODUCTS COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT TERRAPAGES HAS OFFERED THE MokBee Maps PRODUCTS, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TERRAPAGES, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TERRAPAGES. TERRAPAGES WOULD NOT BE ABLE TO PROVIDE THE MokBee Maps PRODUCTS TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
2. Modification of this Agreement
We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement or any Guidelines at any time. Please check this Agreement and all Guidelines periodically for changes. Your continued use of the MokBee Maps Products after the posting of any modifications or changes constitutes your binding acceptance of such changes. Please note that additional and/or different conditions and terms of use may apply to services provided through one or more of our partners or business associates, and you should refer to those before using such services. For any material changes to this Agreement or any Guidelines, you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty days after they are initially posted on MokBee Maps Products.
3. Ownership; Proprietary Rights
The MokBee Maps Products are owned and operated by TerraPages Pty Ltd (“TerraPages). The MokBee Maps Service, content, visual interfaces, information, graphics, design, compilation, computer code, products, services, including, but not limited to, the mobile device applications, and all other elements of the MokBee Maps Products (collectively, the "Materials") are protected by Australian copyright and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the MokBee Maps Products are the property of TerraPages or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the MokBee Maps Products are proprietary to TerraPages or its affiliates and/or third-party licensors. Except as expressly authorised by TerraPages, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Materials.
4. Account Information
You agree that the information you provide to TerraPages upon registration (“Account”) and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. In addition, you are responsible for ensuring compliance with your wireless provider's terms and conditions, and you indemnify TerraPages for any loss or damage that TerraPages may suffer as a result of any breach of this requirement by you. The MokBee Maps Products are not available to any Users suspended or removed from the MokBee Maps Products by TerraPages.
5. Password
When you register as a member you will be provided with a password. As you will be responsible for all activities that occur under your password, you should keep your password strictly confidential at all times. YOU MUST NOTIFY TERRAPAGES IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL AND KNOWN ONLY TO YOU. We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure. YOU MAY NOT SHARE YOUR MokBee Maps SERVICE ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.
6. Usage Rules; Prohibited Conduct & Uses
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT (a) use the MokBee Maps Products or any location information displayed within the MokBee Maps Products to "stalk", harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other; (b) use the MokBee Maps Products for any commercial or non-private use, it being understood that the MokBee Maps Products are for personal, non-commercial use only; (c) use the MokBee Maps Products for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control; (d) make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the MokBee Maps Products. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures; (e) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the MokBee Maps Products accounts of other Users; (f) share MokBee Maps Products-issued passwords or access to your mobile device while MokBee Maps service is running and accessible with any third party or encourage any other User to do so; (g) misrepresent the source, identity or content of information transmitted via the MokBee Maps Products; (h) remove, circumvent, disable, damage or otherwise interfere with security-related features of the MokBee Maps Products, features that prevent or restrict use or copying of any content accessible through the MokBee Maps Products, or features that enforce limitations on use of the MokBee Maps Products; (i) intentionally interfere with or damage operation of the MokBee Products or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code; (k) post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libellous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful; (l) post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights; (o) use the MokBee Maps Service with any Products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications; or (p) use the MokBee Maps Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the MokBee Maps Products could lead directly to death, personal injury, or severe physical or property damage; (q) attempt to gain unauthorised access to the MokBee Maps Products, or any part of it, other accounts, computer systems or networks connected to the MokBee Maps Products, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the MokBee Maps Products or any activities conducted on the MokBee Maps Products; (r) use any robot, spider, scraper or other automated means to access the MokBee Maps Products for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the MokBee Maps Products or modify the MokBee Maps Products in any manner or form, nor to use modified versions of the MokBee Maps Products, including (without limitation) for the purpose of obtaining unauthorized access to the MokBee Maps Products; or (s) sell or transfer or allow another person to access your account password, profile, or MokBee Maps Products account; or (t) fail to deliver any required payments for the MokBee Maps Services.
7. Usage; Refusal or Suspension of Service
7.1 TERRAPAGES RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER'S REGISTRATION OR INVITE A BUDDY ATTEMPTS AS WELL AS ANY USER'S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, TERRAPAGES ALSO RESERVES THE RIGHT TO DISABLE ANY USER'S USE OF OR ACCESS TO THE MokBee Maps PRODUCTS AND THE LOCATION INFORMATION OR PROFILES OF OTHER USERS, FOR ANY REASON AND WITHOUT ANY NOTICE. 7.2 You alone are responsible for your involvement with other Users. TerraPages reserves the right, but has no obligation, to monitor disagreements between you and other Users. 7.3 TerraPages does not control the content of User accounts and profiles and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the MokBee Maps Products. PLEASE NOTE. TERRAPAGES RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.
8. User Submissions
8.1 The MokBee Maps Products may now or in the future allow the submission of content and materials (such as pictures, reviews, ratings, ideas, notes or creative suggestions) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and/or warrant that (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorise TerraPages to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the MokBee Maps Products and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the MokBee Maps Products and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions. 8.2 By submitting User Submissions to TerraPages, you hereby grant TerraPages a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publicly perform, publicly display, digitally perform, and otherwise exploit, for any purpose whatsoever, without compensation to you or any other provider, the User Submissions in connection with the MokBee Maps Products and TerraPages's (and its successor's) business, including without limitation for promoting and redistributing part or all of the MokBee Maps Products (and derivative works thereof) in any media formats now known or hereafter developed, and through any media channels. You also hereby grant each user of the MokBee Maps Products a non-exclusive license to access your User Submissions through the MokBee Maps Products, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the MokBee Maps Products and under this Agreement. 8.3 You understand that when using the MokBee Maps Products you will be exposed to User Submissions from a variety of sources, and that TerraPages is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TerraPages with respect thereto, and agree to indemnify and hold TerraPages, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the MokBee Maps Products. 8.4 TerraPages assumes no responsibility whatsoever in connection with or arising from User Submissions. TerraPages assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time TerraPages chooses, in its sole discretion, to monitor User Submissions, TerraPages nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, TerraPages does not endorse and has no control over the content of User Submissions submitted by other Users. TerraPages makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, TerraPages reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
9. Third-Party Sites, Products and Services; Links
9.1 The MokBee Maps Products may include links to other web sites or services solely as a convenience to Users. TerraPages does not endorse any such linked sites or the information, material, Products or services contained on other linked sites or accessible through other linked sites. Furthermore, TerraPages makes no express or implied warranties with regard to the information, material, Products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, Products and services on linked sites or available through linked sites is solely at your own risk. 9.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the MokBee Maps Products are solely between you and such advertiser. You agree that TerraPages shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the MokBee Maps Products. 9.3 Parties other than TerraPages may provide services or sell Products via the MokBee Maps Products. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. TerraPages does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use. 9.4 In addition, even if TerraPages handles the billing, payment processing and/or fulfillment for the third-party service or product, some Products and services are provided under direct license from the third-party and therefore the use of such Products and services are governed by such third-party license terms. In such case, you will be subject to such license terms and agree that any matters relating to your use of such product or service, including any customer support or maintenance, will be between you and such vendor, and TerraPages will have no liability with respect thereto.
10. End User Restrictions, Rights and Upgrades
10.1 Restrictions and Upgrades. To use the MokBee Maps Service, you must have a mobile device that is compatible with the MokBee Maps Products. TerraPages does not warrant that the MokBee Products will be compatible with your mobile device. (a) Restrictions. You may not (i) modify, disassemble, decompile or reverse engineer the MokBee Maps Service, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the MokBee Maps Service to any third party or use the MokBee Maps Service to provide time sharing or similar services for any third party; (iii) make any copies of the MokBee Maps Service; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the MokBee Maps Service, features that prevent or restrict use or copying of any content accessible through the MokBee Maps Service, or features that enforce limitations on use of the MokBee Maps Service; or (v) delete the copyright and other proprietary rights notices on the MokBee Maps Service. (c) Service Upgrades. You acknowledge that TerraPages may from time to time issue upgraded versions of the MokBee Maps Service, and may automatically electronically upgrade the version of the MokBee Maps Service that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. (d) Open Source. With respect to any open source or third-party code that may be incorporated in the MokBee Maps Service, such open source code is covered by the applicable open source or third-party license End User License Agreement, EULA, if any, authorising use of such code. (e) Rights Reserved. The foregoing license grant under this Agreement is not a sale of the MokBee Maps Service or any copy thereof and TerraPages or its third party partners or suppliers retain all right, title, and interest in the MokBee Maps Service (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. TerraPages reserves all rights not expressly granted under this Agreement.
11. Violations; Termination
You agree that TerraPages, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with the MokBee Maps Products or use of the MokBee Maps Products and remove and discard all or any part of your account or any User Submission, at any time. TerraPages may also in its sole discretion and at any time discontinue providing access to the MokBee Maps Products, or any part thereof, with or without notice. You agree that any termination of your access to the MokBee Maps Products or any account you may have or portion thereof may be effected without prior notice, and you agree that TerraPages will not be liable to you or any third-party for any such termination. TerraPages does not permit copyright infringing activities on the MokBee Maps Products, and reserves the right to terminate access to the MokBee Maps Products, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies TerraPages may have at law or in equity.
12. Disclaimers; No Warranties
THE MokBee Maps PRODUCTS AND ANY THIRD-PARTY SERVICE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MokBee Maps PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TERRAPAGES AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. TERRAPAGES, AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MokBee PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MokBee Maps PRODUCTS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TERRAPAGES, AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE MokBee Maps PRODUCTS IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TERRAPAGES OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE MokBee Maps PRODUCTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE MokBee PRODUCTS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR AND HOLD TERRAPAGES HARMLESS FROM ANY PERSONAL INJURY OR ANY OTHER DAMAGES RESULTING FROM MokBee Maps SERVICE DISPLAY OF YOUR LOCATION INFORMATION OR FROM YOUR USE OF THE MokBee Maps PRODUCTS.
13. Indemnification; Hold Harmless
You agree to indemnify, defend, and hold TerraPages, and its affiliated companies, and its suppliers and partners, harmless from any claims, suits, actions, losses, costs, damages, and any other liabilities, including attorney's fees, arising out of or related to your use or misuse of any location information, the MokBee Maps Products, any violation of the rights of any other person or entity by you, or any breach or violation by you of this Agreement. TerraPages reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. If you use the MokBee Maps Products to meet another User in-person or to locate and attend any offline event, then you agree to release and hold TerraPages harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury, death, or property damage, either directly or indirectly related to or arising from your meeting with such other User or attendance or participation in any such offline event.
14. Limitation of Liability and Damages
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL TERRAPAGES OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE MokBee Maps PRODUCTS; (C) THE MokBee Maps PRODUCTS GENERALLY OR THE MokBee SERVICE OR SYSTEMS THAT MAKE THE MokBee Maps PRODUCTS AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH TERRAPAGES OR ANY OTHER USER OF THE MokBee PRODUCTS, EVEN IF TERRAPAGES OR A MokBee Maps AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL TERRAPAGES OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE MokBee Maps PRODUCTS (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU,IF APPLICABLE, FOR ACCESSING THE MokBee Maps PRODUCTS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR FIFTY AUSTRALIAN DOLLARS, WHICHEVER IS LESSER. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN TERRAPAGES AND RECEIVED THROUGH OR ADVERTISED ON THE MokBee Maps PRODUCTS OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE MokBee Maps PRODUCTS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT TERRAPAGES' LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
15. Privacy Notice
TerraPages values the privacy of our customers, users, and others who use the mobile phone service, www.MokBee.com, and other web sites or services owned or operated by TerraPages (collectively or individually "Users"). This privacy notice governs the MokBee Services. The great majority of our Users will use the MokBee Maps Services for harmless and fun social purposes. However, please note that by its very nature, your real-time location information may be subject to abuse, misuse, and over-monitoring by others including, perhaps, by your friends, family, or acquaintances. Please manage your own device and profile privacy preferences on the MokBee Maps Services, on an ongoing basis, accordingly. Please be aware that any personally identifiable information or location information that you voluntarily disclose online, should it become available, such as when you use the journal feature, review events and venues, post event announcements, etc. becomes publicly available and can be read, collected, and used by others and could be used to send you unsolicited messages. TerraPages is not responsible for the personally identifiable information or location information you choose to disclose publicly on the MokBee Maps Service. 15.1 General Information This Privacy Notice details important information regarding the use and disclosure of User information collected through the MokBee Maps Services. TerraPages provides this Privacy Notice to help you make an informed decision about whether to use or continue using the MokBee Maps Services. This Privacy Notice is incorporated into and is subject to the TerraPages Terms of Use. Your use of the MokBee Maps Services and any personal information you provide on the MokBee Maps Services remains subject to the terms of this Privacy Notice and the Terms of Use. 15.2 Disclosures and Consents; Location Information 15.2.1 Disclosures and Consents TerraPages allows your Friends to see where you are located using either real time location information and or location set by the User ("location data"). Please note that this real-time location tracking may occur even when the TerraPages application is not actively open and running on your device. The law requires us to protect the confidentiality of your location data. In addition, the law requires us to get your express consent to collect, maintain, use, and display your location data as part of providing MokBee Maps. You have the right at any time to deny or withdraw your consent to the disclosure of your location data. Your denial of consent will not affect your regular mobile phone service, but will prevent you from using MokBee Maps Service. You may choose to hide your location by changing your visibility settings in the My Profile section of MokBee Maps Service, or you may withdraw your consent, contact contact@MokBee.com. 15.2.2 Location Information In registering for the MokBee Maps Services, you have agreed and consented (a) to TerraPages collection, use, maintenance, and display of your location data to provide all of the services, features, and functionality found within MokBee Maps Service; (b) to the disclosure and display of your location data to your MokBee Buddies and TerraPages's third-party partners or advertisers, contractors, and successors, and in accordance with this Privacy Notice; (c) to receive messages, including SMS text messages, including promotional text messages, from TerraPages and its third-party partners or advertisers; and (d) that TerraPages may terminate your account without notice and for any reason. You have the right at any time to disapprove these uses and to deny or withdraw access to your Location Data. Denial of Consent won't affect your regular phone service but will prevent you from using the MokBee Maps Service. 15.2.3 Tell a freind. If you choose to use our Tell a freinds service, then TerraPages will ask you for your friends email address. If you provide a Friend's email address, then TerraPages will automatically send to that Friend a one-time MokBee Maps message inviting your Friend to download MokBee Maps. 15.3.1 User Provided Registration Information. When choosing to subscribe to the MokBee Maps Services, you provide to TerraPages certain "personally identifiable" information (such as mobile phone number, wireless carrier / operator, your username, password, etc.) 15.3.2 Location Information. TerraPages may receive location information from user entry, and/or via your mobile carrier, mobile device. 15.3.3 Cookies, Persistent File Information. When you visit the MokBee Services, we may send one or more cookies small text files containing a string of alphanumeric characters to your computer. TerraPages uses both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the MokBee Maps Services. Persistent cookies can be removed. Please review your web browser "Help" file to learn the proper way to modify your cookie settings. 15.3.4 Log File Information. When you use the MokBee Maps Services, our servers automatically record certain information from your mobile device or web browser. These server logs may include information such as a mobile device identification number and device identifier, your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser. 15.4 Information Use TerraPages uses your personally identifiable information and your location information to operate, maintain, and provide to you and our other Users the features and functionality of the MokBee Services. TerraPages uses your personally identifiable information, your location information, and certain non-personally-identifiable information (such as anonymous User usage data, cookies data, browser type, click stream data, etc.) to improve the quality and design of the MokBee Maps Services and to create new features, promotions, functionality, and services by storing, tracking, and analysing User preferences and trends. TerraPages uses cookies, and log file information to (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the MokBee Maps Services; (b) provide custom and personalized content, advertisements, and information; (c) monitor the effectiveness of our marketing campaigns; and (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc. TerraPages does not combine cookie or log file-based information with personally identifiable information. TerraPages does not use your personally identifiable information or location information to send commercial or marketing messages without your express consent or unless if you have opted-in to be part of a specific program or feature in accordance with the consent procedures described in this Privacy Notice. We may use your mobile phone number at any time and without further consent for non-marketing or administrative purposes such as notifying you of major MokBee Maps Services changes, for customer service purposes, and to send privacy or security related notices. 15.5 Disclosing Information TerraPages does not share your personally identifiable information or location information with other, third-party companies for their commercial or marketing use without your express consent or unless you have opted-in to be part of a specific program or feature in accordance with the consent procedures described in this Privacy Notice. TerraPages provides personally identifiable information, location information, and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of providing certain MokBee Maps Services features and for processing such information on our behalf. For example, we may share information to offer mapping or directions features. We require that these parties agree to process such information in compliance with our privacy notice, we use reasonable efforts to limit their use of such information, and we require these parties to use any other appropriate confidentiality and security measures. TerraPages provides non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist those parties in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the MokBee Services. TerraPages may release personally identifiable information, location information, or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state, federal and international laws or respond to a court order, subpoena, or search warrant. TerraPages also reserves the right to disclose personally identifiable information, location information, or non-personally-identifiable information that TerraPages believes, in good faith, is appropriate or necessary to. enforce the terms and conditions; take precautions against liability; protect Users from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of our web site; and to protect the rights, property, or personal safety of TerraPages, our Users, or others. 15.6 Privacy Choices You may update, correct, or delete your mobile privacy preferences, personal profile information, and email account preferences at any time by going to the My Profile menu item on the web or mobile MokBee Maps Service. To protect your privacy and security, we take reasonable steps to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times. We do not maintain location information history, unless you give us express permission. 15.7 Data Security TerraPages uses commercially reasonable physical, managerial, and technical safeguards. We cannot, however, ensure or warrant the security of any information that TerraPages receives on your behalf to operate the services or that you transmit to TerraPages and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If TerraPages learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. TerraPages may post a notice on the MokBee Maps Services if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. 15.8 Merger, Sale, or Bankruptcy Event In the event that TerraPages is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganisation, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used. You will be notified via notice through the MokBee Maps Services of any such change in ownership or control of your personally identifiable information. 15.9 Privacy Notice Changes This Privacy Notice may be revised periodically without further notice to you and this will be reflected by the "last modified" notice below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received that personal information. Your continued use of the MokBee Maps Services constitutes your agreement to this Privacy Notice and any future revisions. If we decide to change our privacy policies, then we will post those changes to this Privacy Notice, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing such revisions with respect to such information. If we make such material changes to this policy, then we will notify you here in this Privacy Notice, by email, or by means of a notice on the MokBee Maps Services home page.
16. Miscellaneous
16.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, without giving effect to any principles of conflicts of law. 16.2 Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. 16.3 Notices. TerraPages may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the MokBee Maps Products. Notice will be deemed given twenty-four hours after email or message is sent, unless TerraPages is notified that the email address is invalid. Notices posted on the MokBee Maps Products are deemed given and binding 30 days following the initial posting. 16.4 Assignment. This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by TerraPages without restriction. 16.5 Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement or Guidelines made by TerraPages as set forth in Section 3 above. 16.6 Claims. YOU AND TERRAPAGES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MokBee Maps PRODUCTS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. CLAIMS MUST BE FORWARDED IN WRITING TO TERRAPAGES PTY LTD, SUITE11219-21 PIRRAMA ROAD, PYRMONT, NEW SOUTH WALES, AUSTRALIA 2009.
