Conditions générales d’utilisation en français
I. Introduction
Welcome to MapQuest. The following general terms and conditions (“Terms of Use”) govern your use of all MapQuest services (the “Services”) and the maps, directions, information, materials and documents being made available to you (the “Materials”) by MapQuest Inc., located 1555 Blake Street, Third Floor, Denver, Colorado 80202, a wholly owned subsidiary of AOL Inc.
These Terms of Use contain important information for you about your rights and obligations when using the Services and Materials. Please note that for certain additional Services additional terms and conditions may apply. You find more information about additional services and the respective terms and conditions in the additional services section of these Terms of Use below. By using a MapQuest service you agree to these Terms of Use and, if applicable, to additional terms and conditions for a specific service.
Please review these terms carefully. If you do not agree to these Terms of Use please do not use this website or the Materials.
We reserve the right, at our discretion, to update or revise these Terms of Use at any time. Please check the Terms of Use periodically for changes. If you are a registered user we will send you an email in order to inform you about such changes or updates. Your continued use of the Materials following the posting of any changes to the Terms of Use or an email with information about such changes constitutes acceptance of those changes.
This Agreement is effective on April 19, 2011, for current users, and upon acceptance for new users.
II. Basic Information
MapQuest is a web-based map service, providing maps, navigation, route planning tools and mapping applications for web, wireless and desktop applications. These Terms of Use serve as a framework agreement for all Services and Materials offered by MapQuest. You must be 18 years or older to register to use any of the Services or Materials offered by MapQuest under this agreement.
Some of the Services might only be accessible after you have registered with MapQuest; e.g. My Maps. In order to register, you must be legally capable to enter into contracts, you must provide true and accurate registration information and you must keep this information current. We may require that you use or obtain a user ID authorized by us (such as an AOL screen name) to create your account and to authenticate your access to My Maps (“User ID”). You agree to abide by any separate terms and policies that will apply to your registration and use of such User ID according to the AOL Terms of Use and the AOL Privacy Policy in addition to these Terms of Use and the MapQuest Privacy Policy. We may deny any registration in our sole discretion.
You are responsible for all activity on your Account. You must supervise the use of your Account by others, including minors and teen-agers. You must keep your account details confidential. You and your Account may be subject to termination if your Account is used inappropriately.
MapQuest offers most of its services free of charge. However, fees may apply when you subscribe to additional or enhanced Services. If a MapQuest Service is subject to fees or charges, you will be notified prior to your first use of such an additional or enhanced service. You will only be able to use chargeable services if you submitted valid payment details (e.g. your credit card details) and agreed to a specific contract on the use of additional or enhanced Services. You will find all payment details, due dates etc. in the respective contractual document.
III. Performance of the Service
MapQuest in its sole discretion may change or discontinue any or all aspects of the Services without notice, including access to support services, Content and other products or services ancillary to the MapQuest Services or a MapQuest registration.MapQuest does not warrant or guarantee the availability or continuity of the Services or the accuracy and correctness of the Materials provided through the Services. MapQuest has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the Services or Materials, including, but not limited to, the software, content, hours of availability, equipment needed for access or use, or the availability of the website or Materials on any particular device or communications service. MapQuest has no obligation to provide you with notice of any such changes.
MapQuest´s Services and Materials are provided through means of electronic communication networks such as the internet or wireless local area networks. MapQuest has no influence on the integrity and operability of these networks, as well as on your computer hardware or mobile device hardware. You are responsible for obtaining and maintaining at your expense all equipment and services needed to access the MapQuest website and the Services and Materials offered by MapQuest.
IV. Proprietary Rights
You acknowledge and agree that the Materials being made available for you when you use the Services are protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws. The look and feel of this website, including our color combinations, button shapes, and other graphical elements, are MapQuest trademarks. No portion of the Materials or the data contained in the Materials may be reproduced in whole or in part unless expressly authorized by MapQuest in writing.The MapQuest name and logo, and all related product and service names, design marks and slogans are the trademarks or registered trademarks of MapQuest, AOL Inc. You may not use any MapQuest or third party trademarks or logos without the prior written consent of MapQuest or the applicable trademark owner. A list of third-party sources of data for the MapQuest Materials can be found here.
V. License to and Limitations on Use of Maps, Directions, Cartographic Technology and Content Information
MapQuest grants you a nonexclusive, non-transferable license to view and print the Materials solely for your own personal, non-commercial use. You may share a map or directions with another individual for that individual’s personal non-commercial use using the email option on the webpage. You may not commercially exploit the Materials or the underlying data, including without limitation, you may not create derivative works of the Materials, use any data mining, robots, or similar data gathering and extraction tools on the Materials, or reprint, copy, modify, translate, port, publish, sublicense, assign, transfer, sell, or otherwise distribute the Materials without the prior written consent of MapQuest. You shall not derive or attempt to derive the source code or structure of all or any portion of the Materials by reverse engineering, disassembly, decompilation or any other means. You shall not use the Materials to operate a service bureau or for any other use involving the processing of data of others. You shall use the Materials and this website for legal purposes only and shall not use them in any manner that violates these Terms of Use or the laws of Canada. You do not receive any, and MapQuest and its licensors retain all, ownership rights in the Materials. You may not alter or remove any copyright notice or proprietary legend contained in or on the Materials. Nothing contained herein shall be construed as granting you a license under any copyright, trademark, patent or other intellectual property right of MapQuest or any third party, except for the right of use license expressly set forth herein. Please note that in certain cases, MapQuest may identify data elements included within the Materials that have been licensed to MapQuest under an “open source” license, and the use of such Materials may be subject to a license that grants users broader rights than those set forth in these Terms of Use. MapQuest will use reasonable efforts to provide links to the appropriate license for any such Materials.To the extent you are authorized to access, display or otherwise use any Materials outside of any MapQuest website, you may not use such Materials with other content or in a manner that:
VI. Posting Content on MapQuest
Some MapQuest Services may allow you to share content with others. Most of the content you’ll find on the Internet, including My Maps, is subject to copyright protection. You may only post information, text, graphics, photos, audio and video and other data (collectively, “Content”) on or through the services of MapQuest that you created or which you have been given permission to post by the owner. The Content may not violate the rights of others, applicable law, or these Terms of Use. Although you or the owner of the Content retain ownership of all right, title, and interest in content that you post on or through the services of MapQuest, MapQuest will own all right, title, and interest in any compilation, collective work or other derivative work created by MapQuest or an affiliate using or incorporating Content posted by you on or through the Services. By posting content on or through the Services, you grant MapQuest and its parent, affiliates, subsidiaries, assigns, agents and licensees the non-exclusive, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, promote, and syndicate this Content in any medium. You are responsible for the Content you upload or otherwise provide via the services of MapQuest. You are responsible for the consequences of sharing or publishing such Content with others and/or making such content available to publicly available areas of the services of MapQuest, including without limitation, disclosing your location to others. Once you have posted information about yourself or your family members, such as maps locating where you live or work, it may be difficult to control the misuse of such information by others, which could compromise your own privacy. Therefore, consider if there is any information contained in your postings that you would rather be kept private.YOU ACKNOWLEDGE AND AGREE THAT MAPQUEST IS NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION THAT OCCURS BETWEEN YOU AND ANY PERSON OR THE CONFIDENTIALITY OF ANY CONTENT OR INTERACTION YOU HAVE WITH OTHERS. You further agree that MapQuest may, without limitation and for no compensation to you, use in any manner all comments, suggestions, complaints and other feedback you provide relating to MapQuest or the Materials.
VII. My Maps
My Maps is an additional Service offered by MapQuest for your convenience and for entertainment and informational purposes only. Using My Maps requires a registration with MapQuest. The following provisions apply only if you chose to use My Maps. By doing so, you agree to abide by the additional terms and conditions for My Maps as set out below (with these additional terms and disclosures taking precedence over any potential conflicts among the documents):
1. Sharing Content on My Maps
My Maps allows you to share content with others. Unless otherwise expressly authorized by MapQuest or by law, you will not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of My Maps or its content without the express written authorization of MapQuest or the owner of the content. You will not violate the privacy rights of others by posting their personal information on My Maps, such as name, address, email address, telephone number or map location, without their express, prior consent. You will not use My Maps to mine information about others for purposes of sending unsolicited bulk communications (e.g., spam), to violate any applicable law, regulation or these My Maps Terms, or to violate the rights of others. You acknowledge and agree that we may take any legal or technical remedies as we deem appropriate to prevent the violation of these My Maps Terms and to protect our computer network.
2. Your My Maps representations and license to us
You represent and warrant to us and to other users of My Maps that you own or have the appropriate rights to post such content on My Maps. In order for us to provide the My Maps services to you, you give us a permanent, non-exclusive right to display, modify, use, perform, transmit, distribute, store and copy any content you post or share on My Maps.
3. No duty to monitor or retain data
We have no duty to monitor or pre-screen content on My Maps. We reserve the right to remove content for any reason. My Maps includes limited online storage of content you submit as a convenience to you; however, please take note that we are not and will not be responsible for lost or missing data or content you submit.
VIII. Procedure For Making Claims Of Copyright Infringement
If you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, you may notify MapQuest. Click here for instructions.
IX. No Warranties
THIS WEBSITE AND THE MATERIALS ARE PROVIDED WITH ALL FAULTS ON AN “AS IS” AND “AS AVAILABLE” BASIS.Your use of the website and Materials is at YOUR OWN RISK and MapQuest is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the website and Materials unless otherwise expressly agreed upon in writing.
Please note that the Materials may include technical inaccuracies or typographical errors. In addition, you may find that weather, construction projects, traffic conditions, or other events may cause road conditions to differ from the listed results. Please obey the rules of the road at all times and comply with all posted signage.
X. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MAPQUEST, ITS PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR RESELLERS (COLLECTIVELY, THE “MAPQUEST GROUP”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, MISUSE OF, INABILITY TO USE, OR RELIANCE UPON THIS WEBSITE OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OPPORTUNITIES, SAVINGS OR PROFITS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE MAPQUEST GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE MAPQUEST GROUP’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE MAPQUEST GROUP BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SITES LINKED TO OR FROM THIS WEBSITE.
XI. Indemnification
Upon a request by MapQuest, you agree to defend, indemnify, and hold harmless the MapQuest Group from all liabilities, claims, and expenses that arise from your violation of these Terms of Use or your use or misuse of the Services, Materials or the Website. MapQuest reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MapQuest in asserting any available defenses.
XII. Disclaimer of Endorsement
Reference herein or on the website to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by MapQuest. Product and service information are the sole responsibility of each individual vendor.
XIII. Data Privacy
When you use the website, MapQuest may collect data which might be considered personal data. Such data can be your IP address, or your name and email address if you choose to register with MapQuest and open a user account. MapQuest is committed to protect your privacy according to the highest standards and in line with Canadian data protection laws. Please follow the link to our [Privacy Policy] to learn more about personal data and the way MapQuest protects your privacy.
XIV. Choice Of Law And Forum
These Terms of Use shall be governed by and construed in accordance with the laws of Canada. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Materials and this website shall be initiated and maintained only in the courts located in the state courts located in Loudoun County, Virginia (USA) or the federal court located in the Eastern District of Virginia (Alexandria Division) (USA) and you further agree and submit to the exercise of personal jurisdiction and venue of such courts for the purpose of litigating any such claim or action.
XV. Severability And Integration
These Terms of Use constitute the entire agreement between you and MapQuest with respect to the Materials and the Services (except for the use of MapQuest Developer Network Products for which separate Terms and Conditions apply).If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
XVI. Termination
MapQuest reserves the right, in its sole discretion, to terminate your access to the Materials or to all or part of this website, with or without notice.
For further information, questions or problem reports regarding the Materials or this website, contact mapquesthelp@mapquest.com. If you have a content concern with a MapQuest Embedded Map, please Contact Us.
