This is the User Agreement/Terms and Conditions for the MyStoreMaps Service (Map Service). The following describes the terms on which you are offered access to our Map Services.
This agreement describes the terms and conditions applicable to your use of our Map Services available under the domain of www.MyStoreMaps.com and from within eBay.com. If you do not agree to be bound by the terms and conditions of this agreement, please do not use or access our services.
If you have any questions, please refer to our Map Frequently Asked Questions.
We may amend this agreement at any time by posting the amended terms on MyStoreMaps. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. In addition, we will notify you of any changes via e-mail. This agreement may not be otherwise amended except in writing signed by you and MyStoreMaps.com.
This agreement is effective on June 1, 2007.
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended MyStoreMaps members. Your MyStoreMaps account and User ID may not be transferred or sold to another party, but you may change your User ID as needed. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. You can register for more than one User ID but you may only use the MyStoreMaps service with registered User IDs.
Our Fees and Credits Policy are incorporated by reference.
Fees and Credits Policy
Our Map Service is offered on a monthly basis. The Map Service fees are charged based on your total eBay Feedback score as follows:
|FEEDBACK SCORE||$ PER MONTH|
|Up to 500||$2.95|
|501 to 1,500||$3.95|
|1,501 to 3,000||$4.95|
|3,001 to 5,000||$8.95|
Unlimited eBay auction and store listings!
The Fee provides you with the right to have MyStoreMaps administer your map as outlined on our site and in our User Agreement. Specifically, we will insert a Rotating GIF file, which will include your unique map image showing where you have shipped to customers, into your eBay listings or you may choose to manually insert it yourself. We will post this Rotating GIF file on any or all your listing/selling page(s). At the conclusion of your listings, MyStoreMaps will evaluate each of your sales and capture the address information for the buyer. We will use this information to update your Map.
We may change our Fees and Credits Policy and the fees for our services from time to time. We may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our Web site and all applicable taxes.
Without limiting other remedies, we may require you to remove any postings of our Map service on any of your listings, and we may request you cease any additional postings of our Map Service on any future listings you make, and we may notify eBay’s VERO program of your infringement on our Map and seek to have your auction listing removed and we may alter the Map we provide you and we may temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
a. you breach this Agreement or the documents it incorporates by reference;
b. we are unable to verify or authenticate any information you provide to us; or
c. we believe that your actions may cause financial loss or legal liability for you, buyers or us.
We, our subsidiaries, employees and our suppliers provide our Web site and Map Service "as is" and without any warranty or condition, express, implied or statutory. We, our subsidiaries, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
In no event shall we, our subsidiaries, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence).
Our liability, and the liability of our subsidiaries, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of:
a. the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, promotion, solicitation of offers to purchase, and sale of items relating to the offering or application of a bonus store credit.
You and MyStoreMaps are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on our site:
This Agreement shall be governed in all respects by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely within Florida between Florida residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
You agree that this Agreement and all incorporated agreements may be automatically assigned by MyStoreMaps.com, in our sole discretion, to a third party in the event of a merger or acquisition.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.