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Maptale Contributor Agreement

Effective Date: 25.11.2024
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This Contributor Agreement ("Agreement") is entered into between you ("Contributor" or "you") and Maptale ("Maptale," "we," "us," or "our"). By uploading, submitting, or providing any map content ("Map(s)") to Maptale.com ("Website"), you agree to be bound by the terms and conditions of this Agreement.
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PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SUBMITTING ANY MAPS TO THE WEBSITE.
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1. Definitions
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  • "Contributor": An individual or entity submitting Maps to the Website, either for donation or sale.

  • "Map(s)": Digital map content, including but not limited to geolocation data, notes, annotations, images, and associated metadata.

  • "Donated Map(s)": Maps provided to Maptale for free distribution to users.

  • "Sold Map(s)": Maps provided to Maptale for sale to users, including those in the Maptale+ library.

  • "Maptale+": A premium subscription service offering exclusive Maps and features to subscribers.

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2. Ownership and License Grant
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2.1 Ownership
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You retain all rights, title, and interest, including copyright, in and to your Maps.
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2.2 License to Maptale
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By submitting Maps to the Website, you grant Maptale the following licenses:
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a) Donated Maps
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A non-exclusive, perpetual, worldwide, royalty-free license to:

  • Display, reproduce, distribute, and transmit the Maps on the Website and affiliated platforms and exclusively within the Maptale+ library.

  • Allow Maptale visitors and Maptale+ users to access, view, and interact with the Maps online and via augmented reality (AR) applications.

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b) Sold Maps (excluding Maptale+ Exclusive Maps)
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A non-exclusive, worldwide license to:

  • Display, reproduce, distribute, and transmit the Maps on the Website and affiliated platforms.

  • Market and sell the Maps to users.

  • Allow purchasers to access, view, and interact with the Maps online and via AR applications.

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Exclusivity Clause: For Sold Maps, you agree not to license, sell, or distribute these Maps through any other platform or partner outside of Maptale.
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3. Contributor Representations and Warranties
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You represent and warrant that:

  • Authority: You have the full right and authority to enter into this Agreement and grant the rights herein.

  • Original Content: Your Maps are original and do not infringe upon any intellectual property or proprietary rights of any third party.

  • Compliance: Your Maps comply with all applicable laws, regulations, and Maptale's Content Guidelines.

  • Permissions: You have obtained all necessary permissions, releases, and consents required to license the Maps to Maptale.

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4. Content Standards and Prohibited Content
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4.1 Content Standards
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Your Maps must:

  • Be accurate and truthful.

  • Respect the privacy and rights of others.

  • Comply with Maptale's Content Guidelines.

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4.2 Prohibited Content
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You agree not to submit Maps that:

  • Contain illegal, harmful, threatening, defamatory, obscene, or otherwise objectionable material.

  • Promote violence, discrimination, or hate speech.

  • Include malware, viruses, or any harmful code.

  • Infringe upon the rights of any third party.

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Maptale reserves the right to remove or disable access to any Map that violates these standards at its sole discretion.
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5. Map Submission and Approval
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  • Submission: Upload your Maps through the designated portal on the Website.

  • Review Process: All Maps are subject to review and approval by Maptale before being made available to users.

  • Approval Notification: You will be notified upon approval or rejection of your submitted Maps.

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6. Map Removal
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6.1 By Contributor
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  • You may request the removal of your Maps from the Website at any time by providing written notice to Maptale.

  • Processing Time: Maptale will remove the Maps within 3 days.

  • Existing Purchases: For Sold Maps, any users who have already purchased the Maps will retain access.

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6.2 By Maptale
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  • Maptale may remove or suspend access to any Maps at any time for any reason, including but not limited to violations of this Agreement or applicable laws.

  • Notification: Maptale will make reasonable efforts to notify you of the removal and the reasons for it.

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7. Financial Terms
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7.1 Pricing and Commissions
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  • Setting Prices: For Sold Maps, you set the initial sale price, with a minimum price of $2 USD per map.

  • Commission: Maptale will retain a 30% commission percentage from each sale.

  • Price Adjustments: Maptale reserves the right to adjust prices for promotions or discounts. Contributors will be notified of such changes.

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7.2 Payments
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  • Earnings: Your earnings (sale price minus Maptale's commission and any applicable taxes or fees) will be credited to your account.

  • Payment Schedule: Payouts will be made monthly, provided the minimum payout threshold is met.

  • Taxes: You are responsible for reporting and paying any taxes associated with your earnings.

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8. Confidentiality
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You agree not to disclose any confidential information obtained from Maptale, including but not limited to non-public business strategies, marketing plans, or financial data.
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9. Indemnification
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You agree to indemnify, defend, and hold harmless Maptale, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, losses, or expenses (including reasonable attorney's fees) arising out of or related to:

  • Your breach of this Agreement.

  • Any infringement of intellectual property rights by your Maps.

  • Any violation of laws or regulations resulting from your Maps.

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10. Limitation of Liability
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  • No Liability: Maptale shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement.

  • Maximum Liability: Maptale's total liability to you for any cause of action arising out of this Agreement shall not exceed the total earnings paid to you in the six (6) months preceding the claim.

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11. Termination
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11.1 By Contributor
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  • You may terminate this Agreement at any time by providing written notice to Maptale.

  • Upon termination, Maptale will remove your Maps from the Website within a reasonable timeframe.

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11.2 By Maptale
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  • Maptale may terminate this Agreement immediately upon notice if you breach any material term of this Agreement.

  • Upon termination, Maptale may disable access to your Maps without liability to you.

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12. Dispute Resolution
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  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Delaware, US, without regard to its conflict of law principles.

  • Arbitration: Any Dispute shall be referred to and finally resolved by arbitration under the London Court of International Arbitration Rules (which Rules are deemed to be incorporated by reference to this clause) on the basis that the governing law is the law of the State of New York, USA. The seat, or legal place, of arbitration shall be London, England.

  • Exceptions: Either party may seek injunctive relief in a court of competent jurisdiction for intellectual property infringement or misuse of confidential information.

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13. Miscellaneous
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13.1 Entire Agreement
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This Agreement constitutes the entire understanding between you and Maptale regarding your contribution of Maps and supersedes all prior agreements.
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13.2 Amendments
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Maptale reserves the right to modify this Agreement at any time. You will be notified of any material changes, and your continued submission of Maps constitutes acceptance of the modified terms.
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13.3 Severability
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If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
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13.4 Assignment
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You may not assign or transfer any rights or obligations under this Agreement without Maptale's prior written consent. Maptale may assign its rights and obligations without restriction.
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13.5 No Waiver
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Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of future enforcement of that or any other provision.
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14. Contact Information
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For any questions or notices regarding this Agreement, please contact Maptale at:

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BY SUBMITTING MAPS TO MAPTALE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS CONTRIBUTOR AGREEMENT.
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