Terms of Service

The Terms of Service

Last updated: 28 August 2020

The Mapcident.com Terms of Service is a binding Agreement between you ("you" and "your") and Mapcident Services Inc, a company incorporated in British Columbia ("Mapcident.com", " "Mapcident", "we", "us", "our").

By using Mapcident.com or any of its services, you are indicating that you have read these terms of use and our Privacy Policy (collectively the "Agreement") and you understand, and you consent to be bound by, all the terms and conditions of the Agreement. These terms of use set fourth your rights and obligations with respect to your use of our services. If you do not agree to all of the terms contained in these terms of use and terms of the Agreement, you should not use our services.

1 Limitation of liability

We have no liability for any losses arising from the use of our services. We provide no guarantee of the accuracy of any data provided by our services, and as such you should independently confirm any information obtained from or through our services. The content we provide is for education, information, entertainment and promotion only. You agree that you cannot hold us liable for any loss or damage arising from your use of our services.

We have no liability for any loss, damage or misappropriation of your files.

2 Your use of our service

You agree to only use our services as intended by us, and that you will not abuse our services. Should you fail to meet this condition, or break any element of the Agreement, we reserve the right to remove and block you from our services, and our decision and judgement is final. You understand that we do not publish material on our service, it is published by our users who are responsible for the content they provide, including supplemental information and derived information.

Access to our service including, but without limitation, user generated content, is provided for your information and personal, non-commercial use only. Except as expressly permitted in the Agreement, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publish, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner.

Except as expressly permitted in the Agreement, you may not:

  • circumvent, interfere with, disable, seek to damage any element of the service or its technologies; or
  • remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the services or service content; or
  • make use of any script/program/software or other to copy/scrape/process the contents of the site unless expressly permitted in writing by us; or
  • attempt to cause harm to us or our services by overloading our resources or causing us or our service to complete unnecessary work.

3 Account registration

Some features and content of our service may require an account. In order to have an account you must be at least 18 years old. In order to register an account and become a registered user (“Registered User”), you will be required to provide certain information, this information will be handled in accordance with the Agreement. You are responsible for safeguarding and maintaining the confidentiality of your account access information (username, password and any other access information).

4 User Content

Registered Users may be permitted to publish their media content (“User Content”) including, but not limited to, videos, images, audio, text, locations, dates and times. By submitting content, Registered Users warrant, represent and undertake that the Content:

  • is your own original work, not produced by you in the course of your employment by another person or organization, or that you have obtained all necessary rights to grant the license described in section 4 of these Terms of Service; and
  • does not infringe on any copyright, common law right, proprietary right, moral right or any other similar right of any third party; and
  • is lawful and does not violate any code of practice, including the manner in which it was obtained or created; and
  • is not illegal, threatening, libelous or defamatory; and
  • was not obtained by deception, including violation of a persons privacy; and
  • is not modified from the original content, except for clipping, unless clipping is used to introduce bias into the content; and
  • shows an true event, as it occurred, not a staged event or reproduction of an event; and
  • is not subject to any other agreement, license or contract which conflicts with the rights granted to Mapcident by these Terms of Service; and
  • is in the form of the original file(s) as generated by the recording device used; and
  • all content is free of Trade Marks, except those registered by you, or for which you have permission to use; and
  • any audio is royalty-free.

You acknowledge that you may need to help us in the form of information or otherwise to allow us to monetize your content for you. You retain ownership for any content you publish on Mapcident.

You grant Mapcident an exclusive revocable license, with the right to sublicense, use, lease, sell, copy, modify, create derivative works, display, perform or distribute, worldwide in any manner such User's Content provided by you, without further notice to or consent from you (‘Content License’).

The Content License will continue indefinitely unless you initiate revocation by:

  • removing the content from Mapcident’s website through the ‘My Account’ section; or
  • removing your account from Mapcident’s website through the ‘My Account’ section of the site;
  • in either case, you grant us 5 days to effect the revocation (“Removal Period”), during this time, Mapcident may complete the assignment of sub-licenses already initiated.

Following the end of the Removal Period, Mapcident will issue no more sublicenses and the license is considered revoked.

Any sub-licenses granted under these Terms of Service shall continue for the term of the license issued and be unaffected by the ending of the Content License.

Mapcident shall have the ongoing non-exclusive right for the Content to be accessible via any means which are granted prior to such time, including to all third-party licensees and existing postings. For the avoidance of doubt this includes: third-party and Mapcident social media platforms/channels, published compilations which include your content on other platforms such as YouTube. Revenue attributed to your content will continue to be paid to you in accordance with section 5 of these Terms and Conditions. Additionally, you agree that, after ending the Content License, Mapcident retains any licenses or rights for any derivative works that include your User Content.

You hereby grant us the exclusive license during the License Term to access your Content through the Website, and to use, reproduce, distribute, display and perform and sublicense to distributors, resellers and end users on a global basis, such Content as permitted in accordance with these Terms of Service. (“Content License”). For the avoidance of doubt the Content License includes the right to use the Content in any media for any purpose which may include, among others, advertising, promotion, marketing and packaging for any product or service and combining the Content with other images, text, graphics, film, audio, audio-visual works and may be cropped, altered or modified.

You acknowledge that submitting User Content to Mapcident could result in you, or others, being identified or identifiable.

You agree that you will categorize your User Content in accordance with the Content Guidelines. We have the right to monitor your User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to your User Content. We have the right in our sole discretion to reject, edit, remove, or disable access to your User Content.

You acknowledge that you are responsible for any User Content that you submit to Mapcident or one of its websites and any Trade Mark(s) you may include in that content. You represent and warrant to Mapcident that you have the necessary permissions to submit the User Content and enter into this Agreement. Further, you agree to indemnify, defend and hold harmless Mapcident, its parent, subsidiaries, affiliates and Content Creators, and all of their respective team members from all damages, liabilities and expenses arising out of or in connection with your publishing of any User Content on Mapcident. You also indemnify Mapcident against all damages, liabilities and expenses arising out of or in connection with any claim made against us for actual or alleged infringement of a third party’s privacy or intellectual property rights arising out of or in connection with your User Content or the Trade Marks within your User Content.

You are solely liable for any harm, damages, losses and/or claims arising from having failed to obtain the necessary rights and/or permissions to publish User Content that you submit and you indemnify Mapcident against any damages, liabilities and expenses arising out of or in connection with such failure.

5 Monetization of User Content

We will pay you 100% of Gross Revenues in relation to your User Content. Sources of revenue may include license sales, YouTube video, advertising on Mapcident.com, among other sources.

Our fee is made up of a commission fee charged to the customer, this is fixed at 20%. As an illustrative example, if a customer purchases a license to your User Content priced at $100, the customer 20% is added to this, they will pay $120 (plus taxes where applicable). Your portion is $100 and ours is $20. We may make deductions from your portion of revenue for costs associated with data storage, advertising, or other costs borne by us to store, process, deliver and monetize your User Content.

We will pay you via PayPal, using your primary account e-mail address to send the payment. Payment will be made on a 30-day rolling basis in Canadian Dollars, and only if the amount owing to you is greater than $10 Canadian.

6 Miscellaneous

No License. Nothing in this Agreement is to be construed as conferring upon you any interest, license or rights except as specifically provided in this Agreement.

Assignment. You may not assign, transfer or sublicense in whole or in part any of your rights or obligations under this Agreement without the prior written consent of Mapcident.

Third Party Content. We are not liable or responsible for any third-party content on the Site or linked to from the site. Third party content includes, but is not limited to, advertisements, applications, audio, video, text and graphics posted by any other third parties.

Severability. If any one or more provisions of this Agreement is invalid, illegal or found to be unenforceable by a court of competent jurisdiction for any reason whatsoever, the unenforceability shall not affect the validity, legality or enforceability of the remaining provisions of this Agreement, and the unenforceable, illegal or invalid d provision or provisions shall be severable from the remainder of this Agreement. Where such severance alters the basic structure of this Agreement, the parties shall renegotiate this Agreement in good faith.

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to the conflicts of law principles therein.

Entire Agreement. The User acknowledges that this Agreement represents the entire understanding of the parties in this matter, and supersedes all previous representations, warranties, dealings, negotiations, discussions, agreements, understandings and expectations of the parties, whether oral or written, regarding the subject matter hereof.

Amendment. We may update these Terms of Service at any time, in such event we will notify you and you will have the opportunity to accept the new Terms of Service or remove your account and User Content from Mapcident.

Notices. Notices sent to Mapcident under this Agreement should be sent via e-mail to info@mapcident.com. Notices sent to Users under this Agreement will be sent via the Users E-mail as shown on the invoice.