new & interesting places for your GPS

Terms of Use

 

Effective September 12, 2006

The following are terms of a legal agreement between you and POI Factory. By using this web site, you agree to be bound by the following terms and conditions (the "Terms of Use").

Personal Use Only

The content and services on web site are provided for your personal, non-commercial use only. You may not use content or services from this web site to sell a product or service.

You may load location data obtained from this web site into a GPS navigation system only for your own personal use. You may not otherwise copy or distribute any materials from this web site, including User Submissions. You may not create any derivative works based on materials obtained from this web site.

The copyright in all material provided on this web site is held by POI Factory or by the original creator of the material and is subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. POI Factory reserves all rights not expressly granted to the content on this web site.

User Submissions

POI Factory does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and POI Factory expressly disclaims any and all liability in connection with User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You agree that you will not: (i) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (ii) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant POI Factory all of the license rights granted herein; (iii) post advertisements or solicitations of business.

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to this web site, you hereby grant POI Factory a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, display, and prepare derivative works of the User Submissions in connection with this web site and POI Factory's (and its successor's) other businesses.

You warrant that you own or have the necessary rights, licenses, consents, and permissions to use and authorize POI Factory to use your User Submissions in the manner contemplated by this web site and these Terms of Use.

Indemnity

You agree to defend, indemnify and hold harmless POI Factory, its employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the web site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of this web site.

Links to Other Web Sites

By providing links to other web sites, POI Factory does not guarantee, approve or endorse the information or products available at these sites.

Changes in Content or Services

POI Factory reserves the right to remove content and User Submissions without prior notice. We may modify or terminate our services from time to time, for any reason, and without notice or liability to you, any other user, or any third party.

Intellectual Property Claims

POI Factory will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. POI Factory will remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights.

If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing written notice as set forth in 17 U.S.C 512(c)(3). Refer to our "About" page for contact information and other information about our designated copyright agent.

Warranty Disclaimer

THIS WEB SITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THIS WEB SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. POI FACTORY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. POI FACTORY DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THIS WEB SITE. POI FACTORY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS WEB SITE. POI FACTORY DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THIS WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THIS WEB SITE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

IN NO EVENT SHALL POI FACTORY, ITS EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Miscellaneous Provisions

This web site is maintained in the United States of America. POI Factory makes no representations that this web site is appropriate for use in other locations. Those who access or use this web site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

These Terms of Use will be governed by and construed in accordance with the laws of the State of Idaho, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claim or cause of action may only be brought in the state and Federal courts located in Ada County, Idaho.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by POI Factory.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.

Terms of Use Revisions

POI Factory may at any time revise these Terms of Use by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Terms of Use to which you are bound.