TERMS OF USE


THE FOLLOWING IS THE TERMS OF USE ("AGREEMENT") FOR YODAMAP.COM, SPILLMAP.COM, AND SPILLMAP.ORG ("SITE" OR "SITES"); AND "YODAMAP""SPILLMAP" "VOTERMAP" "SPORTSMAP" "FOODMAP" "PHOTOMAP" AND "PETSMAP" APPLICATIONS FOR THE ANDROID OPERATING SYSTEM ("APP" OR "APPS") AVAILABLE THROUGH THE GOOGLE MARKET OR ELSEWHERE. THE SITES AND APPS ARE OPERATED BY YODALAB, LLC (“WE”, “US”) OF WASHINGTON STATE, USA.


PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE SITE OR THE APP. THE SITE AND APP ARE FREE TO USE BY OUR VISITORS. BY USING THE SITE OR APP, YOU THE USER AGREE TO COMPLY WITH AND BE BOUND BY THIS TERMS OF USE AGREEMENT. AFTER REVIEWING THE FOLLOWING TERMS AND CONDITIONS THOROUGHLY, IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE SITES OR THE APPS. BY USING THE SITES OR APPS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO THIS AGREEMENT.


ACCEPTANCE OF AGREEMENT. YOU AGREE TO THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT WITH RESPECT TO THE SITES AND THE APPS. THIS AGREEMENT CONSTITUTES THE ENTIRE AND ONLY AGREEMENT BETWEEN US AND YOU, AND SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS AGREEMENTS, REPRESENTATIONS, WARRANTIES AND UNDERSTANDINGS WITH RESPECT TO THE SITES, THE APPS, THE CONTENT ON EITHER THE SITES OR APPS, AND ANY SERVICES PROVIDED BY OR LISTED ON THE SITES OR APPS, AND THE SUBJECT MATTER OF THIS AGREEMENT. THIS AGREEMENT MAY BE AMENDED BY US AT ANY TIME AND AT ANY FREQUENCY WITHOUT SPECIFIC NOTICE TO YOU. THE LATEST AGREEMENT WILL BE POSTED ON THE SITE, AND YOU SHOULD REVIEW THIS AGREEMENT PRIOR TO USING THE SITE. ALL SERVICES OF THE SITES AND APPS ARE AVAILABLE FOR INDIVIDUALS AGED 18 YEARS OR OLDER. BY ACCEPTING THIS TERMS OF USE AGREEMENT, YOU ARE DECLARING THAT YOU ARE 18 YEARS OR OLDER.


CONTENT RESTRICTIONS. USERS OF THE SITE AND APP ARE NOT REQUIRED TO REGISTER AND CREATE AN ACCOUNT. HOWEVER, AS DESCRIBED IN OUR PRIVACY POLICY, EACH MOBILE DEVICE HAS A UNIQUE IDENTIFIER (“UID”), WHICH WE DETECT AND REQUIRE FOR EACH APP POST OR COMMENT. WE RESERVE THE RIGHT TO BLOCK POSTS FROM A UID IF WE DETERMINE THOSE POSTS ARE OBJECTIONABLE OR COULD POSSIBLY VIOLATE LAW. WE RESERVE THE RIGHT TO BLOCK POSTS AT ANY TIME FOR ANY REASON.


YOU RETAIN OWNERSHIP RIGHTS TO POSTED CONTENT, WHICH MAY INCLUDE TEXT POSTS AND COMMENTS, PICTURES, OR VIDEO. BY POSTING CONTENT VIA THE APP, YOU GRANT US A WORLDWIDE, IRREVOCABLE, NON-EXCLUSIVE, TRANSFERABLE, ROYALTY-FREE LICENSE TO USE, COPY, ADAPT, LICENSE, MODIFY, AND DISPLAY SUCH CONTENT.


YOU AGREE NOT TO BREAK ANY APPLICABLE LAWS WHEN USING THE SITES OR APPS. YOU AGREE NOT TO POST ANY TEXT, PICTURES, OR VIDEO THAT I) PROMOTES ILLEGAL OR HARMFUL ACTIVITY; II) IS VIOLENT OR PORTRAYS VIOLENCE; III) IS DEFAMATORY, OBSCENE, PORNOGRAPHIC, OR OFFENSIVE; IV) PROMOTES RACISM OR HATRED TO ANY GROUP; OR V) INFRINGES OR VIOLATES A PATENT, COPYRIGHT, TRADEMARK, OR SOMEONE’S INDIVIDUAL PRIVACY.


WE WILL COOPERATE WITH LAW ENFORCEMENT IN PROSECUTING USERS WHO VIOLATE THIS AGREEMENT. AT THE SAME TIME, YOU UNDERSTAND AND AGREE THAT WE HAVE NO LEGAL OBLIGATION TO MONITOR CONTENT ON THE SITE OR APP.


COPYRIGHT. THE CONTENT, ORGANIZATION, GRAPHICS, DESIGN, AND OTHER MATTERS RELATED TO THE SITES AND APPS ARE PROTECTED UNDER APPLICABLE COPYRIGHTS AND OTHER PROPRIETARY LAWS, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY LAWS. THE COPYING, REPRODUCTION, USE, MODIFICATION OR PUBLICATION BY YOU OF ANY SUCH MATTERS OR ANY PART OF THE SITES OR APPS IS STRICTLY PROHIBITED, WITHOUT OUR EXPRESS PRIOR WRITTEN PERMISSION.


DELETING AND MODIFICATION. WE RESERVE THE RIGHT IN OUR SOLE DISCRETION, WITHOUT ANY OBLIGATION AND WITHOUT ANY NOTICE REQUIREMENT TO YOU, TO EDIT OR DELETE ANY DOCUMENTS, INFORMATION OR OTHER CONTENT APPEARING ON THE SITES OR APPS, INCLUDING THIS AGREEMENT


INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR OFFICERS, OUR SHAREHOLDERS, OUR PARTNERS, ATTORNEYS AND EMPLOYEES HARMLESS FROM ANY AND ALL LIABILITY, LOSS, DAMAGES, CLAIM AND EXPENSE, INCLUDING REASONABLE ATTORNEY'S FEES, RELATED TO YOUR VIOLATION OF THIS AGREEMENT OR ANY USE OF THE SITES OR APPS.


DISCLAIMER. THE CONTENT, SERVICES, FROM OR LISTED THROUGH THE SITES OR APPS ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITES AND APPS AND ANY WEBSITE WITH WHICH THEY ARE LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THE SITES AND THE APPS AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITES OR APPS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITES AND APPS ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THE SITES OR APPS OR ANY WEBSITE WITH WHICH THEY ARE LINKED.


THIRD-PARTY WEBSITE. ALL RULES, TERMS AND CONDITIONS, OTHER POLICIES (INCLUDING PRIVACY POLICIES) AND OPERATING PROCEDURES OF THIRD-PARTY LINKED WEBSITES WILL APPLY TO YOU WHILE ON SUCH WEBSITES. WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESS IN SUCH WEBSITES, AND SUCH WEBSITES ARE NOT INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY US. INCLUSION OF ANY LINKED WEBSITE ON OUR SITE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY US. THIS SITE AND APP, AND THE THIRD-PARTY LINKED WEBSITES ARE INDEPENDENT ENTITIES AND NEITHER PARTY HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF THE OTHER. IF YOU DECIDE TO LEAVE OUR SITE AND ACCESS THESE THIRD-PARTY LINKED SITES, YOU DO SO AT YOUR OWN RISK.


THIRD-PARTY PRODUCTS AND SERVICES. WE MAY ADVERTISE THIRD-PARTY LINKED WEBSITES FROM WHICH YOU MAY PURCHASE OR OTHERWISE OBTAIN SERVICES. YOU UNDERSTAND THAT WE DO NOT OPERATE OR CONTROL THE PRODUCTS, FREE OFFERINGS OR SERVICES OFFERED BY THIRD-PARTY LINKED WEBSITES. THIRD-PARTY LINKED WEBSITES ARE RESPONSIBLE FOR ALL ASPECTS OF ORDER PROCESSING, FULFILLMENT, BILLING AND CUSTOMER SERVICE. WE ARE NOT A PARTY TO THE TRANSACTIONS ENTERED INTO BETWEEN YOU AND THIRD-PARTY LINKED WEBSITES. YOU AGREE THAT USE OF SUCH THIRD-PARTY LINKED WEBSITES IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD-PARTY LINKED WEBSITES OR FOR ANY INFORMATION APPEARING ON THIRD-PARTY LINKED WEBSITES OR ANY OTHER SITE LINKED TO OR FROM OUR SITE.


SUBMISSION OF IDEAS. ALL SUGGESTIONS, IDEAS, NOTES, CONCEPTS AND OTHER INFORMATION YOU MAY SEND TO US (COLLECTIVELY, "SUBMISSIONS") SHALL BE DEEMED AND SHALL REMAIN OUR SOLE PROPERTY AND SHALL NOT BE SUBJECT TO ANY OBLIGATION OF CONFIDENCE ON OUR PART. WITHOUT LIMITING THE FOREGOING, WE SHALL BE DEEMED TO OWN ALL KNOWN AND HEREAFTER EXISTING RIGHTS OF EVERY KIND AND NATURE REGARDING THE SUBMISSIONS AND SHALL BE ENTITLED TO UNRESTRICTED USE OF THE SUBMISSIONS FOR ANY PURPOSE, WITHOUT COMPENSATION TO THE PROVIDER OF THE SUBMISSIONS.


PRIVACY. PROTECTING YOUR PRIVACY IS VERY IMPORTANT TO US. PLEASE READ OUR PRIVACY POLICY FOR MORE INFORMATION.


GOVERNING LAW. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR SERVICES OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE KING COUNTY SUPERIOR COURT IN KING COUNTY, WASHINGTON OR THE UNITED STATES DISTRICT COURT FOR WASHINGTON, WESTERN DISTRICT. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT THE STATE OF WASHINGTON IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. THE SITES AND APPS REFERENCED IN THIS AGREEMENT ARE CONTROLLED BY YODALAB, LLC. IN THE STATE OF WASHINGTON, USA. AS SUCH, THE LAWS OF WASHINGTON WILL GOVERN THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AND ELSEWHERE THROUGHOUT THE SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS.


CONTACT. IF YOU HAVE QUESTIONS ABOUT THIS AGREEMENT, PLEASE CONTACT US AT SUPPORT@YODALAB.COM.


LAST MODIFIED: AUGUST 1, 2010