ClustrMaps.com Terms of Service

1. Terms

By accessing the website at ClustrMaps.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

You agree to the terms and conditions outlined in this Terms of Service ("TOS") with respect to our site (the "Site"). 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 Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ClustrMaps has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ClustrMaps has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

2. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on ClustrMaps.com's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on ClustrMaps.com's website;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or "mirror" the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by ClustrMaps.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. CLUSTRMAPS AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PEOPLE SEARCH ENGINE, CLUSTRMAPS COUNTERS AND MAP VISUALIZATIONS DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE PEOPLE SEARCH ENGINE, CLUSTRMAPS COUNTERS AND MAP VISUALIZATIONS AND/OR ANY THIRD PARTY SOFTWARE ACCESSED IN CONJUNCTION WITH OR THROUGH THE CLUSTRMAPS COUNTERS AND MAP VISUALIZATIONS.

THE PEOPLE SEARCH ENGINE, CLUSTRMAPS COUNTERS AND MAP VISUALIZATIONS AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PEOPLE SEARCH ENGINE, CLUSTRMAPS COUNTERS AND MAP VISUALIZATIONS ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLUSTRMAPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(B) CLUSTRMAPS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(C) ANY MATERIAL DOWNLOADED, TRANSFERRED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE CLUSTRMAPS SERVICE, INCLUDING BUT NOT RESTRICTED TO CLUSTRMAPS HTML AND JAVASCRIPT CODE USED ON YOUR OWN WEB SITE(S) OR PAGE(S), IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERRUPTION OF SERVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL, INCLUDING BUT NOT RESTRICTED TO NEGATIVELY AFFECTING THE APPEARANCE OF PERFORMANCE OF YOUR WEB SITE OR PAGES RESULTING FROM INCORPORATION OF CLUSTRMAPS HTML AND JAVASCRIPT CODE.

(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLUSTRMAPS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

THE MATERIALS ON CLUSTRMAPS.COM'S WEBSITE ARE PROVIDED ON AN 'AS IS' BASIS. CLUSTRMAPS.COM MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.

FURTHER, CLUSTRMAPS.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.

4. Limitations

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLUSTRMAPS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CLUSTRMAPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

5. Accuracy of materials

The materials appearing on ClustrMaps.com website could include factual, technical, typographical, or photographic errors. ClustrMaps.com does not warrant that any of the materials on its website are accurate, complete or current. ClustrMaps.com may make changes to the materials contained on its website at any time without notice. However ClustrMaps.com does not make any commitment to update the materials.

6. Links

ClustrMaps.com has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ClustrMaps.com of the site. Use of any such linked website is at the user's own risk.

7. Copyright and Trademark

The ClustrMaps name, "ClustrMaps", and the ClustrMaps logo (globe with dots framed by a large letter "C") are Trademarks or Registered Trademarks of ClustrMaps Ltd. (see contact page for address details). All work herein is Copyright © ClustrMaps Ltd

8. U.S. Patent 7,801,950

ClustrMaps Ltd. is the holder of US Patent 7,801,950 ("System for analyzing and visualizing access statistics for a web site") which protects the fast dot-clustering algorithm and the use of a dual-purpose image (our thumbnail map widget) that both performs the visitor tracking and also depicts a faithful representation of visitor locations.

9. A hit counter and visitor tracker

ClustrMaps is also a hit counter, visitor tracker and geographic visualization tool. We provide some HTML that you copy into a web page or 'blog sidebar'; the HTML includes a link to a thumbnail map image generated by us; when that image loads, it increments a counter on the ClustrMaps site and, when the map is updated (daily, weekly, or monthly, depending on your traffic) it shows the locations of all the visitors to your page since the beginning of a specific time interval; clicking on that thumbnail map image reveals a larger world map display.

To use the ClustrMaps service, you will be given some HTML code to put on the web page(s) you wish to track. The code will show a small 'thumbnail map' on your page(s) and you agree to display this thumbnail map on your page(s) in a place where a majority of visitors can see and notice it, at the very least by scrolling through the page.

You acknowledge and agree that your web site information (name, URL, traffic counts, etc.) may be utilized by ClustrMaps to create lists of member sites, lists of top sites, and to otherwise promote the service. ClustrMaps retains all ownership and all rights to this site content, logo, software, databases, reports, and information. ClustrMaps' services are provided "AS IS".

You acknowledge and agree that the page(s) on which you have embedded ClustrMaps HTML code conform(s) to the following requirements, and that failure to conform to these requirements may result in a 'flagging', 'warning' or 'termination' process, as described below:

• Does not exceed the visit limits expressed in our table of products, displayed at http://clustrmaps.com/, or such other increased limits as shall be mutually agreed between you and us.
• Does not knowingly crash browsers.
• Does not falsely generate hits to your page(s).
• Is the same page (URL) as the URL specified when you signed up to your ClustrMaps account, in other words that URL points to the page being counted. The URL must point to your domain and not to someone else's site. Please contact us if you have any special circumstances.
• Does not include or link to software containing viruses, worms, trojans, spyware, or malware.
• Does not infringe the intellectual property, privacy or any other rights of any third party.
• Does not contain anything which is unlawful, abusive, libellous, defamatory, obscene, pornographic, sexually explicit, indecent, harassing or threatening.
• Does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Does not promote or incite violence.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new ClustrMaps properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that ClustrMaps assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Termination

We reserve the right to remove any site from any of our services at any time without notice.

If this agreement is terminated by us or by you for any reason, you agree to remove our code from all web pages under your control.

You agree that ClustrMaps, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if ClustrMaps believes that you have violated or acted inconsistently with the letter or spirit of the TOS. ClustrMaps may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that ClustrMaps may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ClustrMaps shall not be liable to you or any third party for any termination of your access to the Service.

10. Security

No data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, ClustrMaps can't ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. We make our best effort to ensure its security on our systems. Your ClustrMaps account is password protected so that only you can access it and view the member information relevant to the account. You are responsible for maintaining the secrecy of your passwords and any account information. Remember to sign out of your ClustrMaps account and close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence.

11. Modifications

ClustrMaps.com may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

12. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Florida, United States and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.