Unless the context otherwise requires, the following terms shall have the following meanings in these Terms and Conditions:
Charges All subscription fees together with all renewal fees
Inappropriate Use Anything that violates the rights or dignity of a third party including but not limited to privacy, any intellectual property rights (including but not limited to trade mark or copyright), and any use that could reasonably be interpreted as defamatory, libellous, offensive, discriminatory, intimidating, harassment, profane, pornographic or illegal, or which infringes any copyright or trademark laws. In addition, anything considered outside the Google Maps Terms And Conditions of API Use (see http://www.google.com/apis/maps/terms.html) will count as Inappropriate Use.
Eden Development Eden Development (UK) Limited (Company number 5212702) whose address is PO BOX 425, Winchester, SO23 0WY, and any successor company
Registration The initial agreement to register a non-transferable Subscription for a Premium Pin
Service The service known as the Pin in the Map Premium Pin service.
Website The Website currently located at URL: http://pininthemap.com/ that is owned and operated by Eden Development in connection with the service. The website http://blog.edendevelopment.co.uk shall also be considered "the Website" for the purposes of disseminating information.
You The premium pin owner
Service Charge The payment paid by You in order to use the Service, as detailed on the Website.
Pin A Pin placed by You on the Website containing your information.
Legal terms Any reference to a statute, statutory provision or subordinate legislation shall (except where the context otherwise requires) be construed as referring to such legislation as amended and in force from time to time and to any legislation which (either with or without modification) re-enacts, consolidates or enacts in rewritten form any such legislation; and any former legislation which it re-enacts, consolidates or enacts in rewritten form.
By purchasing a "Premium Pin" you are deemed to have accepted these Terms and Conditions and agreed to abide by them. Eden Development (UK) Ltd reserves the right to introduce amendments to these Terms and Conditions as it shall from time to time think fit.
In consideration of payment by you of the charges Eden Development agrees to provide the Service subject to these Terms and Conditions.
You agree to comply with these Terms and Conditions at all times in relation to your use of the Service. You agree not to use the Service in such a manner as might reasonably be considered Inappropriate Use. In particular, the content You add to the service, including the link name You give to your pin, and the textual and/or image content You place upon the pin, must reasonably fall outside the definition of Inappropriate Use. You agree to inform Eden Development if you come across Inappropriate Use by other users of the service. If in doubt, it is Your responsibility to contact Eden Development in advance if you are unsure whether your planned use of the service falls under Inappropriate Use.
You shall indemnify Eden Development against all loss, damages, costs and expenses including without limitation all reasonable legal expenses on a full indemnity basis awarded against or incurred by Eden Development directly or indirectly as a result of: 1) any improper use by you of the Service; or 2) otherwise arising out of your conduct or the conduct in using the Service in accordance with information provided by you. You shall give to Eden Development all reasonable assistance for the purposes of any such proceedings or related negotiations.
To supply the Service in accordance with Eden Developments's current information published on the Website or other literature published by Eden Development relating to the Service from time to time, subject to these Terms and Conditions as modified from time to time. Eden Development will provide you with support via the Website or email. Telephone support is not offered. Eden Development will operate a complaints handling service for the benefit of users, and shall deal with all complaints raised by such users promptly. Eden Development will use all reasonable endeavours to ensure that the Service remains available at all times. Eden Development reserves the right to carry out emergency repair or maintenance work, or perform upgrades to hardware, software or software platforms which are deemed as necessary by Eden Development. Eden Development will give as much notice as possible of this work by posting a message on the Website. Eden Development will use all reasonable endeavours to prevent Inappropriate Use of The Service, by removing Pins which it considers fall under Inappropriate Use. Eden Development has the final say about the definition of Inappropriate Use. Decisions will be final and no correspondance will be entered into. The Service consists of the following: Removal of adverts to the side of the map area, a custom link name for your pin, and a differently coloured pin. The Service uses Google Maps for the mapping portion of the Service. Google Maps reserves the right to issue adverts within the map area in their terms and conditions, and if adverts are displayed outside the control of Eden Development, Eden Development will not be considered to be in breach of these Terms and Conditions and will not issue refunds. If You are concerned about this eventuality, Eden Development suggests You choose a short term Service Charge option and cancel the Service if adverts do start appearing.
Eden Development acknowledges its obligations under the Data Protection Act 1998 and related legislation and shall use its reasonable endeavours to ensure that The Service and/or any personal information held in relation to The Service are kept secure. However, Eden Development cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to a Pin and use the Service and its information (save to the extent required by law) in a manner for which it was not intended. Your personal information provided to Eden Development for the purpose of using The Service will be used only for that purpose unless explicitly agreed otherwise with you and in any event shall not be transferred outside Eden Development.
Eden Development will keep you updated from time to time by sending a newsletter detailing changes to the service and forthcoming features. If you wish to opt out of this service, please contact premium@pininthemap.com. Eden Development reserves the right to forward your personal details to the police or other relevant third parties in order to comply with the law or in relation to any suspected Inappropriate Use by you of the Service. Other than as set out in these conditions, your information shall not be disclosed or used by Eden Development.
You shall be charged the Service Charge according to the schedule defined on the Website. The Service Charge is considered a full upfront payment and is not refundable, except through a breach of these Terms and Conditions by Eden Development.
Eden Development shall not be liable to you or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of Eden Development's obligations in relation to the Service if the delay or failure was due to any cause beyond Eden Development's reasonable control including but not limited to any inappropriate use of the Service or use otherwise than in accordance with these Terms and Conditions. Eden Development shall not be liable to you: 1) by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit, use, contract, goodwill or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Eden Development, its employees or agents or otherwise) which arise out of or in connection with the supply of the Service or its use by you or 2) for any claim which is not notified in writing to Eden Development within 6 months of the circumstances giving rise to the claim. The entire liability of Eden Development under or in connection with the Service shall not exceed the price of registration paid by you plus any paid charges except as expressly provided in these Terms and Conditions.
A Subscription is valid for the agreed term unless renewed and is non refundable. Eden Development reserves the right to discontinue The Service at any time. If The Service is discontinued by Eden Development, all outstanding credit and all subscription fees pro-rata for the remaining period of the subscription will be refunded to you. Notwithstanding the above either party shall be entitled to terminate the contract immediately if the other party commits any material breach of any term of these Terms and Conditions. Eden Development will notify You of any termination. A Pin will be removed from the Website on termination.
A person who is not a party to these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Each of the parties hereby irrevocably submits to the exclusive jurisdiction of the courts of England and Wales.
Your statutory rights are not affected by these Terms and Conditions.