Please read these terms and conditions of service carefully before you launch the Whereboutz service on your Facebook account and wireless device. Your use of the Whereboutz service indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the Whereboutz service.
These terms and conditions of service represent the agreement ("Agreement") between you and TeleNav, Inc. ("TeleNav") with respect to the Whereboutz service. TeleNav may revise these terms and conditions at any time, with or without prior notice to you. You should visit http://www.whereboutz.com from time to time to review the then current terms and conditions for the Whereboutz service.
The Whereboutz service is available for individuals aged 13 years and older. If you are 13 or older but under the age of 18, please review these terms with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this Agreement, and have your parent or guardian review and accept this Agreement on your behalf through the Whereboutz user registration process. If you are a parent or guardian accepting this Agreement for the benefit of a child under 18 (who must be 13 or older), then you agree to accept full responsibility for that child's use of the Whereboutz service, including all legal liability that he or she may incur.
The Whereboutz service is built on the Facebook Platform. Accordingly, you need to have a Facebook account in order to use the Whereboutz service. At this time Facebook does not allow children under 13 to have Facebook accounts.
The Whereboutz service allows you to use your wireless device or your computer with your Facebook account to post your locations and activities throughout the day for access by members of your Facebook social network who also have the Whereboutz service, and to use your wireless device or your computer with your Facebook account to access the location and activity information posted by members of your Facebook social network who have the Whereboutz service.
The Whereboutz service is available on your wireless device wherever your cellular service is available in the United States and Canada.
Use of the Whereboutz service is free of charge. This includes free Whereboutz software for your wireless device and Facebook account and any upgrades, modifications, or additions thereto (collectively, the "Whereboutz application"), but does not include any hardware or carrier-billed network charges for downloading and using the software onto your mobile device. Standard Messaging Rates Apply to all of the messages sent by Whereboutz. In order to use the Whereboutz service, you must have both (1) a wireless device or a computer with Internet access and (2) a Facebook account. In case you have more than one wireless device, only one of them may be associated with your Facebook account for purposes of using the Whereboutz service.
The Whereboutz service is for your personal use only, and is not for resale or other transfer or disposition to any other person or entity.
You alone are responsible for your involvement with other users of the Whereboutz service in your Facebook social network. TeleNav reserves the right, but has no obligation, to monitor the exchanges between you and such other users.
The Whereboutz service delivers mapping data to the Facebook accounts of you and the members of your Facebook social network with Google Maps. The terms of service for Google Maps is available at http://www.google.com/intl/en_ALL/help/terms_local.html.
A complete description of the Whereboutz service is available at http://www.whereboutz.com.
For TeleNav to provide the Whereboutz service, TeleNav must record the location and activity information that you post to the Whereboutz application, and distribute such information to members of your Facebook social network with the Whereboutz service. This includes using your submitted location information to publish your location on a map for access by members of your Facebook social network.
By using the Whereboutz service, you authorize TeleNav to record, compile, and distribute in the foregoing ways your location and activity information.
Such information is subject to TeleNav's privacy policy for the Whereboutz service located at http://www.whereboutz.com. Your use of the Whereboutz service indicates that you accept the terms of the Whereboutz privacy policy.
You agree to comply with the following:
You are responsible for any Internet connection or other fees assessed by your cellular carrier to access the Whereboutz service via your wireless device, including any data plan charges, toll, out-of-area, roaming, or other wireless device connection charges.
TeleNav reserves the right to terminate your access to the Whereboutz service at any time for any or no reason and without notice to you.
You may terminate the Whereboutz service at any time by removing the application from your Facebook account and wireless device. If you have any questions about how to do this, please contact TeleNav by sending an email to whereboutz.support@telenav.com, or by clicking on the "Contact Us" link on the http://www.whereboutz.com website.
Upon any termination of your Whereboutz service, TeleNav shall have no liability to you or any further obligations under this Agreement.
Subject to your compliance with the terms of this Agreement, TeleNav hereby grants to you a personal, non-exclusive, non-transferable license to: (i) download or otherwise copy the Whereboutz application onto both your Facebook account and your wireless device, and (ii) use the Whereboutz application (in object code form only) on your Facebook account and wireless device in order to access and use the Whereboutz service.
This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to the Whereboutz service.
Except for the limited license expressly granted herein, TeleNav shall own all right, title and interest in and to the Whereboutz application, including without limitation all intellectual property rights therein.
You agree not to do any of the following:
The Whereboutz application originates in the United States, and is subject to United States export laws and regulations. The Whereboutz application may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Whereboutz application may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Whereboutz application and the Whereboutz service.
To the fullest extent permissible pursuant to applicable law, in no event will TeleNav or its licensors, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the Whereboutz service. You are responsible for the entire risk arising out of your use of the Whereboutz service.
The Whereboutz service and the Whereboutz application are provided "as is" and without warranties of any kind either express or implied. TeleNav disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.
You understand and agree that the Whereboutz application is downloaded to your Facebook account and wireless device at your own discretion and risk and that you will be solely responsible for any damages to your computer or wireless device, or loss of data, that results from the download of such software.
TeleNav does not warrant that the Whereboutz service or the Whereboutz application will not infringe on third party intellectual property rights.
TeleNav also does not warrant that your use of the Whereboutz service will be uninterrupted or error-free. Rather, temporary interruptions of the Whereboutz service may occur from time to time (such as when you proceed into an area that has no cell phone coverage or when the Whereboutz service or your carrier's network is undergoing maintenance). TeleNav will exercise reasonable efforts to attempt to limit or prevent such occurrences, but in no event will TeleNav be liable for any damages due to such interruptions.
TeleNav also does not warrant the accuracy of the data delivered to or sent from members of your Facebook social network via the Whereboutz service. Such data may not always be accurate or current.
TeleNav has technological and operational security policies and procedures to protect your information from loss, misuse, alteration, or unintentional destruction, but TeleNav makes no representations or warranties regarding the security of the Whereboutz service or the transmission of data or information to and from TeleNav and your Facebook account or wireless device. TeleNav will not be liable to you or anyone else in the event of any unauthorized infiltration of any of its systems.
To the extent permitted under applicable law, under no circumstances shall TeleNav or its licensors (or their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of the Whereboutz service or the Whereboutz application, any defects in the Whereboutz service or the Whereboutz application, or any breach of this Agreement, even if TeleNav or its licensors have been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.
To the extent permitted by applicable law, you agree to indemnify, defend and hold TeleNav and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with your use of the Whereboutz service or the Whereboutz application. TeleNav reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
If you use the Whereboutz service to meet another user in person, or to locate and attend any online or offline event, then you agree to release and hold TeleNav harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury, death, or property damage, either directly or indirectly related to or arising from your meeting with such other user or attendance or participation in any such event.
You agree that any dispute, claim or controversy arising out of or relating to this Agreement, the Whereboutz service, or the Whereboutz application, shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association. The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.
This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the County of Santa Clara, California.
This Agreement constitutes the entire agreement between TeleNav and you with respect to the subject matter hereof.
TeleNav's or your failure to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
You may not sell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to TeleNav. Notwithstanding the foregoing, TeleNav may assign this Agreement at any time without notice to an affiliate or in conjunction with the sale or transfer of substantially all of TeleNav's assets associated with the Whereboutz service.
By using the Whereboutz service, you consent to receive from TeleNav all communications, including notices, agreements, legally required disclosures or other information in connection with the Whereboutz service (collectively, "Notices") electronically. TeleNav may provide such Notices by posting them on the http://www.whereboutz.com website or by downloading such Notices to your Facebook account or wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Whereboutz service.
If you have any questions regarding the terms of this Agreement, please contact TeleNav by sending an email to whereboutz.info@telenav.com, or by clicking on the "Contact Us" link on the http://www.whereboutz.com website.
This Agreement is effective as of November 3, 2007.