Terms of Service
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1. Acceptance of Terms
By accessing or using Map Art Studio ("Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service.
2. Age Requirement
The Service is intended for users who are at least 18 years of age. By using the Service, you represent and warrant that you are at least 18 years old. If you are under 18, you may only use the Service with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.
If we learn that we have collected personal information from a child under 13, we will promptly delete that information. If you believe we might have information from or about a child under 13, please contact us at privacy@mapart.shop.
3. Description of Service
Map Art Studio provides a platform for creating custom map art designs. Users can customize and download high-resolution map images for personal or commercial use.
4. User Accounts
To access certain features, you must create an account. You agree to:
- Provide accurate and complete information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access
- Be responsible for all activities under your account
5. Credits and Payments
Purchasing Credits
Credits are required to download high-resolution maps. Credits can be purchased through our secure payment system powered by Stripe.
Credit Validity
Credits do not expire and are non-transferable. Credits have no cash value and cannot be exchanged for money.
6. User Content and License Grant
Your Ownership
You retain all ownership rights in and to any content you upload, create, or generate through the Service ("User Content"), including any images, designs, or map customizations.
License to Map Art Studio
By uploading or creating User Content, you grant Map Art Studio a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, and perform the User Content solely in connection with operating and providing the Service, including:
- Processing and rendering your map designs
- Storing your designs in your account
- Creating thumbnails and previews
- Improving our Service (in aggregated, anonymized form)
This license continues until you delete your User Content or your account, except that any User Content that has been incorporated into downloaded files or shared publicly may remain available in those contexts.
Your Representations
You represent and warrant that:
- You own or have the necessary licenses, rights, consents, and permissions to use and authorize Map Art Studio to use your User Content
- Your User Content does not infringe or misappropriate any third-party intellectual property rights, privacy rights, or publicity rights
- Your User Content does not violate any applicable law or these Terms
Map Data
Map data is provided by OpenStreetMap contributors under the Open Database License. You may use downloaded maps for personal and commercial purposes.
7. Acceptable Use
You agree not to:
- Use the Service for any illegal purpose
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Service
- Resell or redistribute the Service
- Use automated tools to access the Service
8. Account Termination
Your Right to Terminate
You may terminate your account at any time by contacting us at support@mapart.shop. Upon termination, your right to use the Service will immediately cease.
Our Right to Terminate
Map Art Studio may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Effect of Termination
Upon termination:
- Your license to use the Service will terminate
- Your unused credits will be forfeited and are non-refundable
- Map Art Studio may delete your account information and User Content
- Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability
9. DMCA and Copyright Policy
Map Art Studio respects the intellectual property rights of others and expects users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
Reporting Copyright Infringement
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed
- A description of where the allegedly infringing material is located on the Service
- Your address, telephone number, and email address
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
Copyright Agent Contact
Map Art Studio
Attn: Copyright Agent
Chico, CA, USA
Email: legal@mapart.shop
Repeat Infringers
We reserve the right to terminate the accounts of users who are determined to be repeat infringers.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
11. Limitation of Liability
Disclaimer of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAP ART STUDIO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.
Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAP ART STUDIO'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID MAP ART STUDIO FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM; OR (B)100 DOLLARS ($100.00).
Basis of the Bargain
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MAP ART STUDIO AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, MAP ART STUDIO'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
No Liability for Third-Party Services
MAP ART STUDIO USES THIRD-PARTY SERVICES INCLUDING, BUT NOT LIMITED TO, OPENSTREETMAP FOR MAP DATA, STRIPE FOR PAYMENT PROCESSING, AND VARIOUS CLOUD HOSTING PROVIDERS. MAP ART STUDIO IS NOT LIABLE FOR ANY FAILURES, ERRORS, OR ISSUES ARISING FROM THESE THIRD-PARTY SERVICES.
12. Indemnification
You agree to indemnify, defend, and hold harmless Map Art Studio, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
- Any claim that your content or use of the Service caused damage to a third party
- Your User Content, including any claims that your uploaded images infringe upon third-party intellectual property rights
This indemnification obligation will survive the termination of these Terms and your use of the Service.
13. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Binding Arbitration
You and Map Art Studio agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved solely by binding, individual arbitration, rather than in court, except that either party may seek equitable relief in court for infringement or misuse of intellectual property rights.
Arbitration Procedures
The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration will be conducted in San Francisco, California, unless you and Map Art Studio agree otherwise. Each party will be responsible for paying their own filing, administrative, and arbitrator fees, except as otherwise provided by the arbitration rules.
Class Action Waiver
YOU AND MAP ART STUDIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Map Art Studioagree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Opt-Out
You may opt out of this arbitration agreement by sending written notice to legal@mapart.shop within 30 days of your first use of the Service. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of this arbitration agreement.
Survival
This arbitration agreement will survive termination of your relationship with Map Art Studio.
14. Modifications to Service
We reserve the right to modify, suspend, or discontinue the Service at any time without notice.
15. Changes to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:
- Posting the updated Terms on the Service
- Updating the "Last updated" date
- Sending you an email notification (for material changes)
Your continued use of the Service after any changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service and may request deletion of your account.
16. Governing Law
These Terms shall be governed by the laws of California, USA, without regard to its conflict of law provisions.
17. Contact Information
For questions about these Terms, please contact us at:
Email: legal@mapart.shop
Address: Chico, CA, USA