Difference between revisions of "CGU"
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Revision as of 15:18, 24 November 2013
- 1 Welcome to Waze!
- 2 Key Points
- 3 WHAT IS THE SERVICE
- 4 THE LICENSE
- 5 USING THE SERVICE
- 6 USE RESTRICTIONS
- 7 REGISTERING TO THE SERVICE
- 8 TERMINATION OF USE OF THE SERVICE
- 9 USER CONTENT
- 10 FORBIDDEN POSTS
- 11 RIGHTS IN CONTENT
- 12 EXAMINATION OF CONTENT
- 13 COPYRIGHT
- 14 LIMITATION OF LIABILITY AND WARRANTY
- 15 LINKS AND COMMERCIAL INFORMATION IN THE SOFTWARE
- 16 BREACH AND INDEMNITY
- 17 PRIVACY
- 18 MODIFICATIONS TO THE SERVICE AND SOFTWARE
- 19 MODIFICATIONS OF THESE TERMS
- 20 GOVERNING LAW AND JURISDICTION
- 21 LIMITATIONS
- 22 ASSIGNMENT OF RIGHTS
- 23 COMPLETE TERMS
- 24 NO LEGAL RELATIONSHIP
- 25 CONTACT US
Welcome to Waze!
By using the Waze Service, you signify your assent to
Waze's copyright policy ("Copyright Policy")
all of which are an integral part of these Terms.
If you do not agree to these Terms or any of its parts, then you are prohibited from using the Service and We request that you refrain from doing so.
Road information prevails.
The information provided by the Service is not intended to replace the information provided on the road, such as traffic signs, traffic lights, police instructions, etc.
Always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to send traffic updates (such as updates on road accidents and traffic congestion), while driving. Such updates may only be sent after you have stopped your vehicle in an appropriate location permitted by law. Alternatively, such updates may be sent by a passenger other than the driver, provided it does not interfere with the due course of driving and does not distract the driver's attention to the road.
The information provided by the Service originates from other users of the Service. Such information is intrinsically fluctuant and may be inaccurate, incomplete or outdated. Waze does not provide any warranties to such information's credibility or reliability.
Some features of the Service utilize GPS and Wi-Fi technology in order to determine your position. These features cannot be provided without utilizing this technology..
when you are using the Service as an "Anonymous" user, other Users will not see personal information about you other than your driving speed and information regarding when you joined the Service BUT Waze will continue to track your location and your routes in order to provide the Service. When you are using the Service as an "Anonymous" user an icon representing you will still appear on the map without your personal information other than your driving speed and information regarding when you joined the Service.
The Internet connection is under your responsibility and at your expense.
Transmitting and receiving real-time updates to and from the Service, require an online (Wi-Fi or 3G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
The Service utilizes Software for map displays, updates and road information. With respect to some cellular telephone devices running the Software, the Software is a free-software. In such cases you may redistribute the Software or modify it in accordance with the GNU General Public License as published by the Free Software Foundation, whether it is version 2.0 of the license or any later version of your choice. For further information, see the GNU General Public License. The Service, its database, Waze's trademarks, the design of the maps of the Service and the voice files integrated in the Software – all are not free-software.
The Service is intended for use by users who are at the legal age permitting to hold a driving license. In any case, accounts of users under the age of 13 years will be cancelled and deleted by Waze.
WHAT IS THE SERVICE
The Service allows car drivers to navigate to their desired address. It allows drivers and users to assemble and update maps to reflect road conditions and occurrences on them, such as traffic congestions, road accidents, police road blocks, etc. The Service is provided mainly by the Software.
Waze hereby grants you a free of charge, non-exclusive, time-limited, non-transferrable, non-sub-licensable, revocable license to use the Service(including the Software) for non-commercial purposes, subject to these Terms.
The free version of the Software.
In respect to the cellular telephones using the free-software version of the Software, the Software is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
Along with this Software, you should have received a copy of the GNU General Public License; in case you did not receive such a copy, please contact us at email@example.com], advise us of your email address and we will send you a copy of the GNU General Public License. If you are using the Software, you may contact us at the above address, request a copy of the source code of the Software and we will send you such a copy. This offer is valid for three years. Be advised that this clause applies only with respect to the free version of the Software. It does not apply to the Service, its database, Waze's trademarks, the design of the maps of the Service and the voice files integrated in the Software or to other intellectual property rights of Waze – all of these are not free-software.
USING THE SERVICE
You may use the Service solely for private and personal purposes. You must not use the Service commercially. For example, you may not offer to third parties a service of your own that uses the Service; you may not resell the Service, offer it for rent or lease, offer it to the public via communication or integrate it within a service of your own, without the prior written consent of Waze.
You must not copy, print, save or otherwise use the data from the Site or the Service's database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.
When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service's database for any purpose without the express written permission of Waze.
The Software may not be used in any way not expressly permitted by these Terms.
There are certain conducts which are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result herein (at Waze's sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
(i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content at the Service and/or Site, in any way or publicly display, perform, or distribute them;
(ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Waze prior written consent;
(iii) create a browser or border environment around the Content (no frames or inline linking);
(iv) interfere with or violate any third party or other user's right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personally identifiable information about visitors or users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
(v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' copyrights, and other intellectual property rights;
(vi) transmit or otherwise make available in connection with the Service and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
(vii) interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make the Service and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
(viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site;
(ix) frame or mirror any part of the Service and/or Site without Waze prior express written authorization;
(x) create a database by systematically downloading and storing all or any of the Content from the Service and/or Site;
(xi) forward any data generated from the Service and/or Site without the prior written consent of Waze;
(xii) transfer or assign your accounts' password, even temporarily, to a third party;
(xiii) use the Service and/or Site for any illegal, immoral or unauthorized purpose;
(xiv) use the Site, the Service, the Content and/or for non-personal or commercial purposes without Waze express prior written consent; or
(xv) infringe or violate any of the Terms.
REGISTERING TO THE SERVICE
Use of the Service and use of some parts of the Waze's website (the "Site") require registration.
If you do not wish to register to the Service when installing the Software, you may elect the option "Not now" or "skip". This option creates an anonymous account to be used with your cellular device. Such an account allows you to use the Service anonymously, so that information personally identifying you or your use of the Service will not be seen by other users. However, electing to use the Service anonymously will limit your access to some parts of the Site and any credits you earn while driving, will not be saved.
Please note: when you are using the Service as an "Anonymous" user, other Users will not see personal information about you other than your driving speed and the information regarding when you joined the Service BUT Waze will continue to track and your location and your routes in order to provide the Service. When you are using the Service as "Anonymous" user and icon representing you will still appear on the map without your personal information other than your driving speed and time you joined the Service
The nickname you provide during registration will be used to identify you when you use the Software and on the Site. Your nickname may be disclosed and visible to other users of the Service and on the Site when you submit an update or when you use the chat feature of the Software. If you prefer to remain anonymous, you may apply the appropriate Software option that prevents disclosure of your nickname when using the Service.
Additionally, when registering to the Site, you will be asked to provide a username and password intended to identify you whenever you access "My Control Panel" on the Site. Waze retains the right to require additional or other methods of identification.
You must keep your account username and password secure in order to prevent their abusive exploitation. Be certain to change your password as frequently as possible and in any case at least once in six months.
TERMINATION OF USE OF THE SERVICE
You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise Waze of such termination. If you wish to remove personally identifying details from Waze's servers, please contact firstname.lastname@example.org .
Waze retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason Waze deems appropriate, at its sole and absolute discretion. Additionally, We retain the right to share your personal information or information that pertains to you, with appropriate third parties, in the following circumstances:
If during registration you have intentionally provided wrongful or erroneous information;
If you engaged in any act that is harmful or may be harmful to Waze, or any third party, including but not limited to other users, Waze's suppliers or Waze's partners;
If you used or attempted to use the Site or the Service for an illegal act, or an act that is seemingly illegal, or if your use of the Site or the Service allows, facilitates, assists or encourages the commission of such acts;
If you have violated these Terms;
If the sharing of information is required to satisfy an order or decree prescribed by a judicial or administrative authority;
If the sharing of information is required for the purpose of detecting, preventing or otherwise addressing technical issues, security breaches, or instances of suspected wrongdoings of fraudulent nature.
To the extent possible, We will advise you of your account termination.
The Service allows all users of the Software to submit and post information and content to other users ("Submissions" or "Content "). For example, map and road updates, traffic congestion updates, road accidents, etc. You assume sole responsibility for your Submissions and for the consequences of posting them.
ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS. IT IS STRICTLY FORBIDDEN TO SEND ANY CONTENT - INCLUDING TRAFFIC UPDATES (SUCH AS UPDATES ON ROAD ACCIDENTS AND TRAFFIC CONGESTION)- WHILE DRIVING. YOUR SUBMISSIONS MAY ONLY BE SENT AFTER YOU HAVE STOPPED YOUR VEHICLE IN AN APPROPRIATE LOCATION PERMITTED BY LAW. ALTERNATIVELY, CONTENT MAY BE SENT BY A PASSENGER OTHER THAN THE DRIVER, PROVIDED IT DOES NOT INTERFERE WITH THE DUE COURSE OF DRIVING AND DOES NOT DISTRACT THE DRIVER.
It is forbidden to submit Content of an commercial nature (including advertising), unless such posts pertain to Waze, the Service, or Waze's products and Waze has approved them in advance.
When you submit Content to be published by the Service, you must make sure it is lawful. Among others, and for illustrational purposes only, you may not submit -any Content -
Waze may decline to publish, or immediately delete any Content you submitted, if you have violated these Terms or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its users, Waze or any of its agents or affiliates. In such cases, Waze may also prevent you from posting additional Content on the Service. The provisions of this clause are additional to any rights afforded to Waze by any law.
RIGHTS IN CONTENT
When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit Waze to publish the Content and exploit all intellectual property rights in and to the Submissions. Waze receives no ownership rights in and to the Content of your Submissions. However, by submitting User Submissions to Waze, you hereby grant Waze and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content. The license granted to Waze in and to your Submissions is not limited to personal uses, but also extends to any commercial use, at Waze's sole and absolute discretion. Other users may only use your Content for non-commercial purposes, unless otherwise permitted in advance in writing by Waze (for the purpose of which you authorize Waze to be your agent).
EXAMINATION OF CONTENT
Waze may examine the Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its publication. Waze does not normally use its right to monitor Content and does so only in rare cases.
Waze retains sole discretion to determine which Content will be published, the duration of its publication, its location, design and any other matter pertaining to the publication of Content within the Service. Waze does not guarantee that all Content will be published, in general or for any limited time.
Content submitted by users for publication does not reflect the views of Waze. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.
All intellectual property rights in and to the Site, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either exclusive property of Waze or exclusively licensed to Waze. The Service is protected, among others, by the Israeli Copyright Law, 2007 or by provisions prescribed by any other law, in Israel and abroad.
Copying, distributing, publicly displaying, offering to the public via communication, transferring to the public, modifying, adapting, processing, creating derivative works, selling or leasing, any part of the Service, in any manner or means without the prior written consent of Waze, is strictly forbidden. "Waze", the Waze logo, and other trade and/or service marks are property of Waze and may not be used in any of the aforementioned means.
The design of the maps of the Site and the Service is a protected work under copyright laws and all its intellectual property rights remain the exclusive proprietary of Waze. The Software license does not extend to the maps presented by the Software or to any mark, indicator, logo or notation embedded in the map display. You may not copy or print more than one copy of any data or material appearing on the Site.
Waze may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating Waze's rights under these Terms or under any applicable law, infringement of the rights in and to the Service will, in and on itself, result in the termination of all your rights under these Terms. In such an event, you must immediately cease any and all uses of the Service, and within your obligations to Waze, you undertake to do so.
If you use the Service through an Apple device, then you agree and acknowledge that:
Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
Apple and Apple's subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
You represent and warrant that: (i) your are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
LIMITATION OF LIABILITY AND WARRANTY
WAZE PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
Additionally and without derogating from the above clause, Waze disclaims any warranty for the accuracy of the maps, road conditions, driving directions or navigation routes presented in or by the Service. For instance, traffic may be congested in roads depicted by the Service as uncongested; existing roads may be missing from the map. Such errors and omissions are inherent to any community-based service that operates on users' posts and on the information provided by them.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of the Service and that the use of the Service is entirely at your own risk. You acknowledge that you must observe all traffic laws while using the Service.
THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (TRAFFIC LIGHTS, TRAFFIC SIGNS, POLICEPERSON, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.
Waze exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Waze's computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Waze or any of its providers.
WAZE, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
Additionally and without derogating from the above clause, Waze will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of commercial information posted on the Service. Such information may be presented on the Service maps (such as indications for the locations of establishments, their commercial offers, etc.) or otherwise.
LINKS AND COMMERCIAL INFORMATION IN THE SOFTWARE
Waze may incorporate in the Service advertisements and/or information of commercial nature. The source of such information may originate from Waze or from third parties. If such information originates from third parties, Waze cannot guarantee its reliability or accuracy. It is underscored that the advertising of commercial content by Waze does not constitute a recommendation or encouragement to procure the goods or services advertised.
Insofar as the Software includes links to services or applications not operated or managed by Waze, Waze will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. Waze will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of services you have accessed via links on the Software.
BREACH AND INDEMNITY
Without derogating from any applicable law, you agree to indemnify and hold harmless Waze and its employees, officers, directors and agents, in the event you have violated these Terms or have operated unlawfully with respect to the Service. Considering that the Service is provided free-of-charge, such indemnity shall cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Waze, its employees, officers, directors or agents, including but not limited to legal expenses and attorney fees.
MODIFICATIONS TO THE SERVICE AND SOFTWARE
Waze may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service's features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Waze for applying such changes or for failures incidental to such changes.
=TERMINATION OF SERVICE
Waze may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.
MODIFICATIONS OF THESE TERMS
Waze may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service's home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.
GOVERNING LAW AND JURISDICTION
These Terms, the Software and the Service will be governed solely by the laws of the State of Israel, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court in the Tel Aviv district in Israel.
Should you desire to file any cause of action against Waze, arising out of or related to the Waze Software or Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.
ASSIGNMENT OF RIGHTS
You may not assign or transfer your rights in and to the Service, without the prior written consent of Waze. Waze may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Waze's obligations to you under these Terms.
NO LEGAL RELATIONSHIP
You may contact us concerning any question about the Service, through the channels listed on the "About" menu in the Software or through the "Contact Us" page on the Site ( web address: www.waze.com/support ). We will make our best efforts to address your inquiry promptly.
Last modified: July 1, 2012