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Literary Map Terms of Services

1. AGREEMENTS AND ACCEPTANCE


Thanks for decide to use Literary Map ("Literary Map", "we", "us", "our"). These Terms of Services and our Privacy Policy (collectively “Agreements”), constitute the entire and only agreement between you and Literary Map, and supersede all other agreements, representations, warranties and understandings, oral or written, with respect to our services, including all associated features and functionalities, websites, apps, user interfaces and software applications of Literary Map (collectively “Services”) or any content or material that is made available through the Services (collectively "Content") or the subject matter contained herein.

By accessing or using the Services, you acknowledge that you have read these Agreements, understand the Agreements, and will be bound by these Agreements. If you do not agree to these Agreements, you do not access or use the Services.

In order to access and use the Services, you need to be 13 years old and have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.

The headings used in the Agreements are included for convenience only and will not limit or otherwise affect these Agreements.


2. PRIVACY POLICY


Literary Map respects the privacy of its Services users. Please refer to Literary Map’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Services, you signify your agreement to this Privacy Policy.


3. ACCOUNTS


In order to use certain features of the Services, you will need to sign up for an account. You sign up and create your Literay Map´s account when you sign in for the first time. You represent that (a) all information submitted by you is truthful, accurate and complete; and (b) you will maintain the accuracy of such information at all times.

The Services may include a tool that allows you to sign in to your account associating and/or using information from your account with a third party service. You sign up and create your Literay Map´s account with these third party services when you sign in with them for the first time. Please be aware that third-party services are unrelated to Literary Map, and that your use of any third-party services is subject to the terms and policies of those services.

You are solely responsible for the activity that occurs on your account and you must keep your account password, associate account or email access link secure. Literary Map will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member username, password, email access link and/or account and you may be liable for the losses of Literary Map due to such unauthorized use.

We may reclaim your username or similar identifiers at any time for any reason.


4. MEMBERSHIPS


Free services. Certain parts of the Services or Content are provided to you free-of-charge (the "Free Services"). However, we could to provide advertising accordingly to the Agreements.

Paid subscriptions. Other parts of the Services or Content require payment and create an account before you can access them (the “Paid Subscription”). A Paid Subscription do not renew automatically.

Trials. From time to time, we may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Literary Map may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law. After the end of a Trial you need to choose a Paid Susbcription to continue using the Services.


5. PAYMENTS


Billing. You may purchase a Paid Subscription directly from Literary Map by paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase. Literary Map may change the price for a Paid Subscription from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription renewal following the date of the price change.

Renewal. Billing is not done automatically on a recurring basis. You need to renew your Paid Subscription at the end of the applicable subscription period to continue using the Services.

Cancellations. The cancellation is automatic and will take effect after the end of the current subscription period, and you will be downgraded to the Free Services. We do not provide refunds or credits for any partial subscription periods.


6. RIGHTS WE GRANT YOU


Literary Map grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Agreements allow.

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Services, including applicable copyrights, trademarks and other proprietary rights. Nothing in the Agreements gives you a right to:


Except for the rights expressly granted to you in the Agreements, Literary Map grants no right, title, or interest to you in the Services or Content.

Literary Map retains ownership of all copies of the Literary Map software applications even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices (collectively “Devices”).

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.

Other product and company names that are mentioned on the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Agreements.

You are responsible for any charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.


7. USER-GENERATED CONTENT


When you have your own personalized account, you may be able to provide content; which may include, for example, pictures, text, messages, information, reviews and/or other types of content (collectively "User Content"). For the avoidance of doubt, “User Content” includes any such content posted to any part of the Services. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Services. You agree that we are only acting as a passive conduit for distribution and publication of your User Content via the Services. Literary Map, however, reserves the right to remove any User Content from the Services at its discretion.

If you provide feedback, comments, ideas or suggestions to Literary Map in connection with the Services or Content (collectively the “Feedback”), you acknowledge that the Feedback is not confidential and you authorize Literary Map to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

The following rules pertain and apply to User Content. By transmitting and submitting any User Content while using the Services, you agree as follows:


You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Services is solely your responsibility. Literary Map is not responsible for any public display or misuse of your User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST LITERARY MAP RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD LITERARY MAP HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

You understand that deleted or removed content may persist in backup copies for a reasonable period of time (but will not be available to others users).


8. RIGHTS YOU GRANT US


You retain your rights to any User Content you create, upload, send, receive, store, post or display on or through the Services; but you expressly grant, and you represent and warrant that you have all the rights, power and authority necessary to grant, to Literary Map a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services. This license authorizes us to make your User Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Literary Map to provide, promote, and improve the Services and to make User Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such User Content on other media and services, subject to our terms and conditions for such User Content use. Such additional uses by Literary Map, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the Services. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

All aggregate data, service data, usage data, User Content and other data that does not identify a user and any data that is derived from them and other materials created by Literary Map from or with use of such data will be, in each case, the sole and exclusive property of Literary Map; and you hereby assign all of your title and interest, if any, in and to such items to Literary Map without any fees and without rights to future royalties.

In consideration for the rights granted to you under these Agreements, you grant us the right (1) to allow the Services to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Services and (2) to provide or place advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.


9. CONTENT DISCLAIMER


Opinions, advice, statements, offers, reviews or other information or content made available through the Services, but not directly by Literary Map, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Literary Map does not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither does Literary Map adopt nor endorse, nor is Literary Map responsible for, the accuracy, completeness or reliability of any opinion, advice, statement or review made by parties other than Literary Map. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. Literary Map takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Services. Under no circumstances will Literary Map be responsible for any loss or damage resulting from anyone’s reliance on information, reviews or other content posted on the Services, or transmitted to users.

Though Literary Map strives to enforce these Agreements, you may be exposed to User Content that is inaccurate, offensive, harmful or objectionable. Literary Map reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Services or to limit or deny a user’s access to the Services or take other appropriate action if a user violates these Agreements or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Literary Map shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Services, please contact us at [email protected].

Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct them or update information at any time without prior notice.


10. USER GUIDELINES


You must follow these rules and should encourage other users to do the same. The following is not permitted for any reason whatsoever:

  1. copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Services or the Content, or otherwise making any use of the Services or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Services or the Content or any part of it;
  2. using the Services to import or copy any local files that you do not have the legal right to import or copy in this way;
  3. transferring copies of cached Content from an authorized Device to any other Device via any means;
  4. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Services, Content or any part thereof except to the extent permitted by applicable law;
  5. circumventing any technology used by Literary Map or any third party to protect the Content or the Services;
  6. selling, renting, sublicensing or leasing of any part of the Services or the Content;
  7. circumventing any territorial restrictions applied by Literary Map;
  8. artificially increasing any type of counts (like follow counts), indicators or otherwise manipulating the Services by (i) using any bot, script or other automated process, (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;
  9. removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Services or provided through the Services (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
  10. circumventing or blocking advertisements in the Services, or creating or distributing tools designed to block advertisements in the Services;
  11. providing your password or email access link to any other person or using any other person’s username and password or using any other person’s email access link;
  12. “crawling” the Services or otherwise using any automated means (including bots, scrapers, and spiders) to view, access, harvest or collect Content or any information from Literary Map or the Services;
  13. selling a user account or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or the content included on an account; or
  14. artificially promoting Content by automated means or otherwise.

Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

  1. is offensive, abusive, defamatory, pornographic, threatening, or obscene;
  2. contain nude or sexual content that involve people under the age of 18;
  3. is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Literary Map or a third party;
  4. includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
  5. includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Services;
  6. is intended to or does harass or bully other users;
  7. impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
  8. involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
  9. involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Literary Map;
  10. links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Literary Map;
  11. interferes with or in any way disrupts the Services, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Services or Literary Map’s computer systems, network, usage rules, or any of Literary Map’s security components, authentication measures or any other protection measures applicable to the Services, the Content or any part thereof; or
  12. conflicts with the Agreements, as determined by Literary Map.

You acknowledge and agree that if you violate these rules, we may remove the offending content or suspend, ban or terminate your Literary Map account.

Please be thoughtful about how you use the Services and what you share. The Services includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Literary Map or around the web, so please use Literary Map carefully and be mindful of your account settings. Literary Map has no responsibility for your choices to post material on the Services.


11. THIRD PARTIES


The Services are integrated with (including links or advertisements) or may otherwise interact with third party applications, websites, services and Devices (collectively "Third Party Applications and Devices") to make the Services available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Literary Map does not endorse and do not warrant and is not responsible or liable for the behavior, features, content, accuracy, appropriateness, completeness or for any other materials, products, promotions or services of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does Literary Map warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Services.


12. INDEMNITY, DISCLAIMERS AND LIMITATION OF LIABILITY


The "Literary Map Entities" refers to Literary Map, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors.

Indemnity. You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Literary Map Entities from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) of every kind and nature, actual and consequential, known and unknown, due to, arising out of, or relating in any way to: (a) your access to or use of the Services, (b) any User Content you post or otherwise contribute, and (c) your breach of these Agreements or any one of them.

Warranty disclaimer. THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE LITERARY MAP ENTITIES EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE LITERARY MAP ENTITIES MAKES NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICES; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES; (IV) ANY TRANSACTION BETWEEN YOU AND OTHERS USERS AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SERVICES; AND (V) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE LITERARY MAP ENTITIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.

Limitation of liability. IN NO EVENT SHALL THE LITERARY MAP ENTITIES BE LIABLE TO YOU FOR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT OR ANY CONTENT OBTAINED FROM THE SERVICES; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; (D) ANY OTHER INTERACTIONS WITH THE LITERARY MAP ENTITIES OR ANY OTHER USER OF THE SERVICES; (E) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (F) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE LITERARY MAP ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO UNINSTALL ANY LITERARY MAP SOFTWARE AND TO STOP USING THE SERVICES.

You agree that any cause of action related to or arising out of your relationship with Literary Map must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

In the event that any provision of these Agreements is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Agreements will remain in full force and effect. Literary Map’s failure to enforce any right or provision of these Agreements will not be deemed a waiver to enforce such right or provision. Our rights under these Agreements will survive any termination of these Agreements.

As used in these Terms, the words “include” and “including” and variations thereof, will be deemed to be followed by the words “without limitation.”

Literary Map may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Literary Map may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.


13. MODIFICATION AND TERMINATION


Any new features or tools which are added to the Services shall also be subject to the Agreements. We are improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

You can review the most current version of the Agreements at any time on this page. We reserve the right to update, change or replace any part of these Agreements by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. However, we could notify you of material changes to the terms via a Services notification (such as adding a statement to our websites’ homepages or providing you with an in-app notification) or by email. If you do not wish to continue using the Services under the new version of the Agreements, you must delete your account and do not use or access the Services or Content.

The Agreements will continue to apply to you until terminated by either you or Literary Map. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Literary Map may ban, suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason and without advanced notice, including, but not limited to, if we reasonably believe: (i) you have violated these Agreements, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer commercially viable. You can terminate the Agreements at any time and for any reason by deleting your account and discontinuing your use the Services. If you or Literary Map terminate the Agreements or cancel your account, or if Literary Map suspends your access to the Services, you agree that Literary Map shall have no liability or responsibility to you, and Literary Map will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.


14 GOVERNING LAW AND JURISDICTION


These Agreements and your use of the Services are governed by the federal laws of Mexico and the laws of Mexico City, without regard to conflict of law provisions. Further, you and Literary Map agree to the jurisdiction of the courts of Mexico City to resolve any dispute, claim, or controversy that arises in connection with these Agreements.


15 CONTACT INFORMATION

If you have any questions concerning the Services or the Agreements, please contact [email protected].



Effective as of January 15, 2020