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KOREM, Inc. ("Korem" or "we") operates the mapworkspace service and website, which is a mapping community where the user can view, upload and share maps (hereinafter referred to as the "Service"). Korem can be contacted at 680, Charest Boulevard East, Suite 120, Quebec (Quebec) G1K 3J4. The Service offered by Korem includes any Korem-branded URLs (the "Korem Websites"). The Service operates on servers that are hosted in Canada.

These Terms of Use (the "Agreement") set forth the legally binding terms for your use of the Service. By using the Service, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Korem Websites or otherwise use the Service without being registered) or you are a "Member" (which means that you have registered with Korem for the purpose of using the Service).  The term "User" refers to a Visitor or a Member. You are only authorized to use the Service if you agree to abide by applicable laws and comply with the terms of this Agreement. If you do not agree to be bound by the terms of this Agreement or with any of the legal provisions applicable to it and to comply with all applicable laws, you should leave the Korem Websites and discontinue use of the Service immediately. If you wish to become a Member and/or make use of the Service, you must read this Agreement and indicate your acceptance during the registration process.

1.	USE AND RESTRICTIONS OF THE KOREM SERVICES

1.1	Korem hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own personal or internal business purposes, subject to the terms and conditions of this Agreement.  All rights not expressly granted to you are reserved by Korem and its licensors.

1.2	You agree that you will use the Service in compliance with applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Korem Content in any way; (ii) modify or make derivative works based upon the Service or the Korem Content; (iii) unless otherwise specifically authorized by Korem, create Internet "deep links" to the Service or "frame" or "mirror" any Korem Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.

1.3	You shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) use the Service for any fraudulent or inappropriate purpose, or for advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Service; or (iv) act in any way that violates this Agreement, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this license, and may subject you to legal proceedings.

1.4	Please choose carefully the information you post on or through the Service and that you provide to other Users. Your account storage area may not contain any form of prohibited content, as outlined in Section 1.3 above. Despite this prohibition, information, materials, products or services provided by other Korem Members (for instance, in their account storage area) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Korem assumes no responsibility or liability for this material.  If you become aware of misuse of the Service by any person, please send a message to reportabuse@mapworkspace.com.

1.5	Service is made available to you for your non-commercial use only. This means that you may use it at work or at home, but you first need to obtain Korem's permission if you want to use the Service or any information, services, or software associated with or derived from the Service to provide products or services to third parties, or if you want to modify, copy (except as explicitly provided below), license, or create derivative works from the Service (collectively, "Commercial Use"). You may not use the Service in any manner that could damage, disable, overburden, or impair Korem's services (e.g., you may not use the Service in an automated manner), nor may you use the Service in any manner that could interfere with any other party's use and enjoyment of Korem's services.

2.	TERM AND TERMINATION

2.1	This Agreement shall remain in full force and effect while you use the Service or are a Member and until it is terminated in accordance with Section 2.2 below.

2.2	You agree that Korem, in its sole discretion, may terminate your account or any part thereof or your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, (a) lack of use, (b) if Korem believes that you have violated or acted inconsistently with the letter or spirit of this Agreement, (c) requests by law enforcement or other government agencies, (d) a request by you (self-initiated account deletions), (e) discontinuance or material modification to the Service (or any part thereof), (f) unexpected technical or security issues or problems, (g) in compliance with legal process; (h) if you have or we believe you have engaged in illegal activities, including without limitation, fraud, and/or (i) nonpayment of any fees owed by you in connection with the Service. Korem may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You acknowledge and agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice and that Korem may immediately deactivate or delete your account and all related Content associated with or stored in your account and/or bar any further access to such Content or the Service. Further, you agree that Korem is not liable to you or any third-party for termination of your account or termination of your access to the Service.

2.3	Even after your Membership is terminated, the Articles 4 to 8 of this Agreement will remain in effect.

3.	FEES

You acknowledge that Korem reserves the right to charge for any portion of the Service and to change its fees (if any) from time to time in its discretion.  If Korem terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

4.	INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ON CONTENT

4.1	You acknowledge that Korem, its subsidiaries and affiliates, and/or third party licensors own all right, title and interest in and to the Service, portions thereof, and any software or other materials (not including Users’ Content) provided through or in conjunction with the Service, including without limitation all intellectual property rights. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service. You also agree to not remove, obscure, or alter Korem’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Service.

4.2	Korem does not claim any ownership rights in the text, files, images, photos, video, maps, works of authorship, or any other materials (collectively, "Content") that you post on or through the Service. After posting your Content to the Service, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying, publishing or otherwise posting any Content on or through the Service, you hereby grant to Korem a limited, non-exclusive, fully-paid and royalty-free, sublicensable, and worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Service, including without limitation distributing part or all of the Korem Websites in any formats, except Content marked "private" will not be distributed outside the Korem Websites.  This limited license does not grant Korem the right to sell or otherwise distribute your Content outside of the Service. After you remove your Content from the Korem Websites, Korem will cease distribution as soon as practicable, and at such time when distribution ceases, the license set forth in this Section will terminate.  If after Korem has distributed your Content outside the Korem Websites you change the Content’s privacy setting to "private," we will cease distribution of such "private" Content outside the Korem Websites as soon as practicable after you make the change.

4.3	The Service contains Content of Korem ("Korem Content"). Korem Content is protected by copyright, trademark, patent, trade secret, industrial secret, and/or other laws, and Korem owns and retains all rights in the Korem Content and the Service.

4.4	The Service contains Content of Users and other Korem licensors.  Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Service.

4.5	Korem performs technical functions necessary to offer the Service, including but not limited to transcoding, reformatting and/or conversion of Content to allow its use throughout the Service.

5.	REPRESENTATIONS AND WARRANTIES

You represent, warrant and covenant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the license set forth in Section 4.2, and (ii) the posting of your Content on or through the Service does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights (including confidentiality covenants) or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the Service.

6.	DISCLAIMER OF WARRANTIES

6.1	To the fullest extent permitted by applicable law, Korem and its licensors and suppliers disclaim any responsibility for any harm resulting from your use of the Service and/or any third party software accessed in conjunction with or through the Service.

6.2	To the fullest extent permitted by applicable law, the Service and any third party software made available in conjunction with or through the Service are provided "as is", with no warranties. To the fullest extent permitted by applicable law, Korem and its licensors and suppliers expressly disclaim (i) all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights; and (b) any warranties regarding the security, availability, reliability, timeliness, and performance of the Service and such third party software.

6.3	You understand and agree that you use the Service and all third party software made available in conjunction with or through the Service at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the use of Service and such third party software.

7.	LIMITATION OF LIABILITY

7.1	Under no circumstances shall Korem, its subsidiaries and affiliates or its licensors and suppliers be liable to any User on account of that User's use or misuse of the Service. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contractual extracontractual (including negligence) liability, or otherwise. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Service, from inability to use Service or from the unavailability, poor performance, interruption, suspension, or termination of the Service (including such damages incurred by third parties) or from any loss of data, irrespective of the fact that such damages may result from a fault by Korem or any of its employees, contractors or agents. Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

7.2	It is your responsibility to ensure that you obtain all consents, authorizations, licenses and clearances in any data owned or controlled by third parties that you transmit, access or communicate to others using the Service. You agree to copy, distribute, display, and modify only those materials which you have the necessary permission to use. Korem will not be liable in any way (a) for any errors or omissions in any data, or for any loss or damage of any kind incurred as a result of any data transmitted via the Service; (b) if you are exposed to data that are offensive, indecent or objectionable; or (c) for any violations of copyright or other proprietary rights as a result of your use of the Service.

8.	INDEMNIFICATION

You agree to hold harmless and indemnify Korem and its subsidiaries, affiliates, and their respective officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Korem will provide you with written notice of such claim, suit or action.

9.	DATA PRACTICES AND PRIVACY POLICY

During the registration process, Korem will require you to provide personally identifying contact information, such as your name, company, email address, postal code and picture. This information will be used to provide you with the Service and to display your information (name and picture) to other users. Your email address will be used to keep you informed of any modifications or promotions related to the Service as well as be displayed in your contact information if you decide to. If you send a request to Korem's servers, we record standard log information, including Internet Protocol addresses and information related to your request as well as the number of views of elements of User Content. We will ask before collecting additional personally identifying information from you and give you an opportunity to opt out. For a full description of how Korem handles personal information, please see the Korem Privacy Policy http://www.korem.com/client/corporatif/privacy/en.jsp]. By expressing your consent to the terms and conditions of this Agreement, you consent to the collection and use of your personal information described above as set forth herein.

10.	ACCESSING OTHER SITES AND SERVERS

If you access web sites or servers from the Service, your computer will send standard log information, including your IP address. The site you visit may log this information.

11.	GENERAL PROVISIONS

11.1	This Agreement constitute the entire agreement between you and Korem and govern your use of the Service, superseding any prior agreements, oral or written, between you and Korem with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Korem services, affiliate services, third-party content or third-party software.

11.2	This Agreement and the relationship between you and Korem shall be governed by the laws of the Province of Québec and Canada without regard to its conflict of law provisions. You and Korem agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Québec, Canada.

11.3	The failure of Korem to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

11.4	You agree that your Korem account is non-transferable and any rights to your Korem account remain with Korem.

11.5	The parties hereto have agreed that this Agreement and any of its accessories, including notice, be written in the English language. Les parties aux présentes ont exigé que ce contrat et ses accessoires, y compris tout avis, soient rédigés en anglais.

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