MapQuest Platform Terms of Use

Community Edition License Agreement

 

  1. INTRODUCTION. MapQuest has been helping people find places and get maps and directions for over 40 years. We make the MapQuest APIs, our Open Services (as described at http://open.mapquestapi.com/), Community Accounts and other developer services (in short, the “MapQuest Services”), along with the maps, driving directions and other content delivered through the MapQuest Services (the “MapQuest Content”), available without charge to encourage developers to use these services and content in developing their applications and websites. We want you to be creative and build awesome applications and websites that thrill your users. All we ask is that you comply with the terms that are included in these Terms of Use.

     

    We will provide the developer community at-large with support in various forms, such as forums, blog posts or FAQs. Since we’re providing the MapQuest Services for free, we don’t provide individual technical support or warranties for the Community Services, but if you want to receive technical support and warranties, we have a product for you. Please check out our MapQuest Platform Services Enterprise Edition and learn more about the services we will provide for reasonable fees.

     

    If you choose to use any of the MapQuest Services or if you set up a Community Account, you are agreeing to abide by these Terms of Use and are forming an agreement between yourself and MapQuest, Inc. (“MapQuest”). If you do not want to abide by these Terms of Use, then don’t use the MapQuest Services.

     

  2. LICENSES FROM MAPQUEST TO YOU.

    2.1. MapQuest Services License. MapQuest grants you a non-exclusive, non-assignable, non-sublicensable, revocable limited license to use the MapQuest Services during the Term of these Terms of Use as provided by MapQuest in the manner permitted in these Terms of Use.

     

    2.2. MapQuest Content License. MapQuest grants you a non-exclusive, non-assignable, non-sublicensable, revocable limited license access, use, publicly perform and publicly display the MapQuest Content as the MapQuest Content is provided through the MapQuest Services and in the manner permitted by these Terms of Use.

     

  3. GENERAL RESTRICTIONS, ADDITIONAL LEGAL NOTICE, RESERVATION OF RIGHTS.

    3.1. Restrictions. Except as expressly authorized by MapQuest, You must not:

    • decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code from the MapQuest Services or MapQuest Content, other than the Open Services;

    • interfere or disrupt MapQuest servers or networks, or disobey any network access or security requirements, policies, procedures or regulations of MapQuest (including the enabling of any viruses, Trojan horses, trap doors, back doors, worms, time bombs, cancelbots, adware, spyware or other computer programming routines designed or intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information);

    • use the MapQuest Services as a means to engage in conduct that reflects poorly upon, disparages or devalues MapQuest’s reputation or goodwill, as determined in MapQuest’s sole discretion;

    • use the MapQuest Services, other than the Open Services, in conjunction with any commercial application not publicly available without charge (other than mobile applications for which users pay a fee to download/install the application). If your application does not fit this criteria and you would like to discuss additional options for using the MapQuest Services please contact info@mapquest.com;

    • use the MapQuest Services, other than the Open Services, to process or generate data for any third party (other than for end users as expressly permitted hereunder);

    • use the MapQuest Services with any content or product that falsely expresses or implies that such content or product is sponsored or endorsed by MapQuest;

    • use the MapQuest Services in conjunction with a site or application which contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;

     

    3.2. Additional Legal Requirements. In addition to the restrictions set forth in Section 3.1, your use of the MapQuest Services and MapQuest Content is subject to the Additional Legal Requirements which are incorporated and made a part of these Terms of Use. Please read the Additional Legal Requirements carefully as they include usage limits and additional restrictions that may impact your plans for development.

     

    3.3. Reservation of Rights. MapQuest reserves all rights not expressly granted in these Terms of Use and you may not use the MapQuest Services or MapQuest Content in any manner not expressly authorized in these Terms of Use.

     

  1. LICENSE FROM YOU TO MAPQUEST. If you upload any data, feedback, ideas, suggestions, content, points of interest (including any points of interest that include Trademarks) or other material to MapQuest (collectively “Your Content”), you hereby grant MapQuest a perpetual, worldwide, non-exclusive, royalty-free license to access, archive, reproduce, publicly display, translate, modify the format or the display of, distribute, transmit, stream, cache, overlay, seam, perform, sublicense, and otherwise use Your Content with or without attribution and without financial obligation, in whole or in part, via any method for any purpose. MapQuest makes no assertion of ownership over Your Content, and you retain all intellectual property rights to Your Content, subject to the license you grant to MapQuest above.

     

  2. MODIFICATIONS TO THESE TERMS OF USE AND THE SERVICES. MapQuest reserves the right to change or modify these Terms of Use, the MapQuest Services and/or the MapQuest Content. Please check these Terms of Use, including the Additional Legal Requirements periodically for changes. Your continued use of the MapQuest Services or MapQuest Content following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

     

  3. TERMINATION. MapQuest may terminate these Terms of Use and/or the provision of the MapQuest Services or MapQuest Content at any time, for any reason, with or without notice.

     

  4. PRIVACY POLICY AND END USER TERMS.

    7.1. Privacy Policy. MapQuest’s collection and use of personally identifiable information is governed by the AOL Network Privacy Policy, available at http://about.aol.com/aolnetwork/aol_pp.

     

    7.2. End User Terms. End users shall only be entitled to use the MapQuest Services and MapQuest Content if they accept the then current end user Terms of Use located at http://info.mapquest.com/terms-of-use/. MapQuest reserves the right to amend and/or replace these terms and the form and manner of presentation. You must provide a hypertext link at the bottom of each page in your website or application where the MapQuest Services or MapQuest Content can be viewed or accessed, or within the terms of use of your application or website, to the end user terms of use.

     

  5. ACCESS AND USAGE DATA.

    8.1. Credentials. MapQuest, at its discretion, may require you to create an account and obtain an access key and other related credentials (collectively “Credentials”) to use the MapQuest Services or certain aspects of the MapQuest Services. You are responsible for maintaining the confidentiality of your Credentials and for any usage or abuse of the MapQuest Services or MapQuest Content by anyone using your Credentials.

     

    8.2. Usage Data. MapQuest's servers record information when you visit MapQuest websites or when applications and/or Credentials call or invoke the MapQuest Services. This information may include, without limitation, the URL, IP address, browser type, Credential and access times and dates. MapQuest may use this information to promote, operate, and improve MapQuest services, products and properties.

     

  6. PROPRIETARY RIGHTS. You acknowledge and agree the MapQuest Services and MapQuest Content are works for purposes of copyright law, and embody valuable, confidential, trade secret information of MapQuest, the development of which required the expenditure of substantial time and money. As between MapQuest and You, MapQuest retains exclusive ownership of any and all rights, title and interest (including all intellectual property rights) in the MapQuest Services and MapQuest Content, and you shall not acquire any rights, express or implied, in the foregoing by virtue of these Terms of Use other than otherwise expressly set forth. For purposes of these Terms of Use, the term "Trademarks" means all trademarks, trade names, service marks, logos, domain names, along with any other distinctive brand features of MapQuest or its suppliers. All use by You of Trademarks shall inure to the benefit of MapQuest. Further, You shall not (a) display a Trademark as the most prominent element on any page of Your website, application or paper map; (b) display a Trademark in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to MapQuest as determined by MapQuest in its sole discretion; or (c) remove, distort or alter any element of a Trademark.

     

  7. DISCLAIMER OF WARRANTIES. THE MAPQUEST SERVICES AND MAPQUEST CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. MAPQUEST DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT. MAPQUEST DOES NOT REPRESENT OR WARRANT THAT THE MAPQUEST SERVICES OR CONTENT, OR ANY PORTION THEREOF, IS OR WILL BE FREE OF DEFECTS OR ERRORS (OR THAT ANY SUCH DEFECTS OR ERRORS WILL BE CORRECTED), VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MEET YOUR REQUIREMENTS, OR CAPABLE OF BEING INTEGRATED INTO OR WITH YOUR COMPUTER SYSTEM, APPLICATIONS OR NETWORK. FURTHER, MAPQUEST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MAPQUEST SERVICES, OR ANY PORTION THEREOF, IN TERMS OF ITS CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, OR OTHERWISE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. IF THIS EXCLUSION IS HELD UNENFORCEABLE, THEN ALL EXPRESS AND IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO A PERIOD OF FIFTEEN (15) DAYS AFTER THE EFFECTIVE DATE, AND NO WARRANTIES SHALL APPLY AFTER THAT PERIOD.

     

  8. LIMITATION ON LIABILITY. NEITHER MAPQUEST NOR ITS AFFILIATES NOR ANY OF THEIR SUPPLIERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE ARISING OUT OF THE POSSESSION OF, ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE MAPQUEST SERVICES OR MAPQUEST CONTENT, OR ANY PORTION, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DATA LOSS, COST OF PROCUREMENT FOR SUBSTITUTE GOODS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF MAPQUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM OR LIABILITY IS BASED UPON ANY CONTRACT, TORT, BREACH OF WARRANTY OR OTHER LEGAL OR EQUITABLE THEORY. IN NO EVENT SHALL MAPQUEST’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS OF USE EXCEED THE LESSER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO MAPQUEST UNDER THESE TERMS OF USEFOR THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM; OR (B) FIVE HUNDRED DOLLARS ($500).

     

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE PARTICIPATION IN AND USE OF THE MAPQUEST SERVICES AND MAPQUEST CONTENT IS DONE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGE SUSTAINED TO YOUR COMPUTER SYSTEM, NETWORK OR DATA RESULTING FROM SUCH PARTICIPATION OR USE.

     

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

     

  9. INDEMNITY. You agree to indemnify, defend and hold MapQuest and its affiliates, and each of their officers, directors, employees, agents, co-branders or other partners (as well as each of their suppliers), successors and permitted assigns (“Indemnified Parties”) harmless from and against any third party claim or action, including any liability, cost, losses, damages, expenses, and attorney’s fees, arising from or in any way related to Your access, use or participation in the MapQuest Services (including claims related to Your Content and any use of the MapQuest Services with software, data, content, systems, or other technology not provided by MapQuest), any violation of these Terms of Use, or any alleged infringement of a patent, copyright, trademark, trade secret, or other intellectual property right. MapQuest shall use good faith efforts to provide you with prompt notice of any such claim or action; provided however, you agree that, upon MapQuest’s written request, MapQuest shall control the defense or settlement of any such claim or action and you shall provide reasonable cooperation to MapQuest. You may not settle an indemnifiable claim without obtain MapQuest’s prior written consent.

     

  10. EXPORT RESTRICTIONS. You agree to comply with all export and import laws and restrictions and regulations of the United States or any foreign agency or authority, and not to export or re-export MapQuest Services or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals.

     

  11. NOTICES AND TRANSACTING ELECTRONICALLY. You understand and agree that MapQuest is an online service and that you are transacting with MapQuest electronically. MapQuest shall provide electronic notices by posting them on this website and/or by sending an email to any account associated with your Credentials.

     

  12. GENERAL PROVISIONS.

    15.1. Entire Agreement. These Terms of Use constitute the entire agreement between MapQuest and You with respect to the subject matter of these Terms of Use, and supersedes all prior agreements, understandings and communications between MapQuest and You with respect to such subject matter. No modification or amendment to these Terms of Use shall be effective unless in writing by MapQuest.

     

    15.2. Choice of Law; Jurisdiction. These Terms of Use are made under and shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia (except for its conflicts of laws principles) and specifically excluding f the United Nations Convention on Contracts for the International Sale of Goods. MapQuest and You expressly agree that exclusive jurisdiction for any claim or dispute relating to or arising out of these Terms of Use resides in the state courts in Loudoun County, Virginia and the federal courts of the Eastern District of Virginia (Alexandria Division) and further agree and expressly consent to the exercise of personal jurisdiction in such state and federal courts of Virginia in connection with any such dispute.

     

    15.3. Severability; Waiver. If any provision in these Terms of Use should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms of Use if no such modification is possible, and other provisions of these Terms of Use shall remain in full force and effect. A waiver by either MapQuest or You (as applicable) of any term or condition of these Terms of Use or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.

     

    15.4. Public Statements. You acknowledge and agree that MapQuest may make any public statements regarding the existence of these Terms of Use or the relationship described herein, without Your consent.

     

    15.5. Survival. Any term or condition of these Terms of Use that by its nature would logically survive termination or expiration of these Terms of Use, including but not limited to protections of proprietary rights, indemnifications, and limitations of liability, shall survive such termination or expiration.

     

    15.6. Independent Contractors. The parties to these Terms of Use are independent contractors. Neither party is an agent, representative or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or otherwise to bind, the other party.

     

    15.7. Equitable Remedies. You acknowledge and agree that monetary damages may be insufficient to compensate MapQuest for an actual or anticipated breach of these Terms of Use by you. You agree that in such circumstances MapQuest shall be entitled to seek equitable remedies (including preliminary and permanent injunctions), in addition to any other remedies available to MapQuest at law or hereunder.

     

    15.8. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the MapQuest Services or these Terms of Use must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

     

    15.9. Consent to Further Contacts. You agree that MapQuest may contact You with respect to these Terms of Use, any other MapQuest products and services, and in relation to any marketing related-purposes.

 

Last Updated: November 1, 2011