We are Demos Distributed, LLC, maker of Mapcaso and other websites, products, and services. For details about how to contact us, see the "How To Contact Us" section below.
These Terms of Service govern your use of the Mapcaso website, mobile applications (known thereafter as the “Website”) and provide information about the Mapcaso services (“Services”). When you or your legal parent or guardian on your behalf (collectively “You”) create a Mapcaso account or use Mapcaso, you agree to these terms.
The Website is owned by Demos Distributed, LLC. These Terms of Service therefore constitute an agreement between You and Demos Distributed, LLC.
Arbitration Notice: You agree that disputes between You and Mapcaso or Demos Distributed, LLC will be resolved by binding, individual arbitration and You waive your right to participate in a class action lawsuit or class-wide arbitration. Some exceptions and how you can opt out of arbitration are explained under the "Disputes and Arbitration" section below.
We agree to provide you with the Mapcaso Service. The Service includes all of the Mapcaso products, features, applications, services, technologies, and software that we provide to support Mapcaso's mission: to encourage and foster the love of learning geography in people of all ages .
By registering and using the Website, You agree to:
Keep all fellow users and audiences in mind when creating content and posting comments and messages. Be courteous and considerate of everybody. Do not bully or harass other users. No hate speech of any kind is allowed.
You agree to not use the Service to submit or link to any content which is defamatory, abusive, hateful, threatening, libelous, spam or spam-like, likely to offend, contains adult, nudity or objectionable content, contains personal information of others, or is racially, sexually, religiously, or otherwise objectionable or offensive, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws.
You agree to not facilitate, attempt, advocate, incite or actively harass, abuse, or harm another person or group, including Mapcaso employees and fellow users. Such behavior is a violation of these Terms of Service.
To report behavior or content that You feel may violate our Terms of Service, please contact the Mapcaso team. For details, see the "How To Contact Us" section below.
We take user safety and offensive content very seriously. However, we do not, and cannot, pre-screen or monitor all content submitted to the Service. Your use of the Service is at Your own risk. By using the Service, You may be exposed to user content that is offensive, indecent or otherwise not in line with your expectations, again at your own risk.
At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications when you are using the Service. All content you submit or upload may be reviewed by Mapcaso employees or sent to third-party verification services (including, but not limited to, spam prevention services). We use the information in our Service, including Your information, to work to keep our platform secure.
We reserve the rights to remove or modify any content submitted for any reason without explanation. Requests for content to be removed or modified will be undertaken only at our discretion. We reserve the right to take action against any account with the Service at any time.
We reserve the right to change your public or community-visible account attributes if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property, harasses a user or group, violates the Terms of Service, or impersonates another user).
By agreeing to these Terms, You are granting us with a non-exclusive, permanent, irrevocable, royalty-free, transferable, sub-licensable, worldwide, unlimited license to use, publicly display, create derivative works of Your content (consistent with your user Website settings), publish, or re-publish your content in connection with the Service. You can control the public visibility of your content at any time through the Website, under Accounts and Services. You retain copyright over the content You create. You give us permission to show your content, when your user Website Account Settings permit, in connection with ads, offers, and other sponsored content without any compensation to you. You can end this license anytime by deleting your content or account. For more information about data privacy, our policies, and your rights, please see our Privacy Policy.
If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, or content we provide that you add to content you create or share), we retain all rights to our content (but not yours). You can only use our intellectual property and trademarks or similar marks with our prior written permission or in uses covered by these Terms of Service.
If we monitor the service, we still assume no responsibility for user content and assume no obligation to modify or remove any inappropriate user content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any user content. When required by law, we also may share information about misuse or harmful content with law enforcement.
You are solely responsible for your interactions with other users and any other parties with whom you interact through the Service. We reserve the right, but have no obligation, to become involved in any way with these disputes. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you use certain other features or related services, you will be provided with an opportunity to agree to additional terms that will also become a part of our agreement. For example, if You opt to use premium subscription features, you will be asked to agree to the Premium Subscription Terms . In the event of a conflict between agreements, these Terms will govern.
We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Service or our policies, or where we are permitted or required to do so by law. If you believe your account has been terminated in error, please contact the Mapcaso team. For details, see the "How To Contact Us" section below.
To provide our global Service, we must store and transfer data across our systems around the world, including outside of your country of residence. This infrastructure may be owned or operated by Mapcaso, Demos Distributed, LLC, or our third-party service providers. The current list of our partners shown in our Privacy Policy, under the " Third Party Service Providers " section.
Providing our Service requires collecting and utilizing Your information. Our Privacy Policy explains how we collect, use, and share information within the Service and with our Third Party Service Providers. It also explains the many ways You can control your information, including in the Mapcaso Account Settings. You must agree to the Privacy Policy to register or use Mapcaso.
We want our Service to be as open and inclusive as possible to foster learning, but we also want it to be safe, secure, and in accordance with the law. So, we need You to commit to a few restrictions in order to be part of the Mapcaso community.
The following uses of the Service are prohibited:
To report behavior or content that You feel may violate our Terms of Service, please contact the Mapcaso team. For details, see the "How To Contact Us" section below.
Demo Distributed, LLC, retains all rights to original software and source code used in the Website and Services. These rights are protected under U.S. copyright law.
You must obtain explicit written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
In order to provide You with the best possible user experience, You agree that we can download and install updates to the Service on your device from time to time.
We always appreciate feedback from the Mapcaso community or other suggestions. We may use them without any restrictions or obligation to compensate You for them, and we are under no obligation to keep them confidential.
Mapcaso uses both original software and source code and third-party intellectual property under appropriate license to provide you the Website and its Services. Mapcaso has not received any endorsement by the following intellectual property holders, and none is implied by their use in the Website and Services.
If any aspect of this agreement is unenforceable, the rest will remain in effect.
Any amendment or waiver to our agreement must be in writing and signed by
us. If we fail to enforce any aspect of this agreement, it will not be a
waiver.
We reserve all rights not expressly granted to You.
This agreement does not give rights to any third parties.
You cannot transfer your rights or obligations under this agreement without
our written consent.
Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. To the extent permitted by law, we also disclaim all warranties, whether express or implied, including the implied warranties of merchantibility, fitness for a particular purpose, title, and non-infrigement.
Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or Mapcaso ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; You and we may bring a claim only on your own behalf and cannot seek relief that would affect other Mapcaso users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Terms of Service or Privacy Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act.
You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, and email address you use for your Mapcaso account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: Mapcaso c/o Demos Distributed, LLC, attn: Arbitration Opt-Out, P.O. Box 260214 Madison, WI 53726, United States.
Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, and email address you use for your Mapcaso account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us must be mailed to Mapcaso c/o Demos Distributed, LLC, attn: Arbitration Notice, P.O. Box 260214 Madison, WI 53726, United States. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Mapcaso account, or by other appropriate means. If we are unable to resolve a dispute within ninety (90) days after the Notice of Dispute is received, you or we may commence arbitration.
We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.
For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Western District of Wisconsin or a state court located in the County of Dane, Wisconsin, U.S. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
The laws of the State of Wisconsin, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
We may change our Service and policies from time to time in response to changing legal, technical or business developments. Under these circumstances, we may need to make changes to these Terms so that they accurately reflect our Service and policies. When we update our Terms, we will take appropriate measures to inform You (for example, through our Service or via email) before we make changes to these Terms and give You an opportunity to review them before they go into effect.
Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account by contacting the Mapcaso team or by electing to delete your account through the Website, under Account and Settings. To contact the Mapcaso team, see the "How To Contact Us" section below.
Via email: support@mapcaso.com
Via mail: Mapcaso c/o Demos Distributed, LLC, P.O. Box 260214 Madison, WI 53726, United States
You can exercise your right to access personal information, request the deletion of personal information, or opt out of personalized offers directly in our Website.
To do so,
1. Log in to the Website
2. Open the Account button, and
3. click the Settings link.
This is our preferred contact method, as we can more accurately validate a request received directly from a browser or device.
Mapcaso