Terms of Services

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Maps Marker Pro is owned and operated by MapsMarker.com e.U. We grant you non-exclusive limited license to use the plugin and other products and services sold through the website in accordance with these Terms & Conditions issued by MapsMarker.com e.U.

Delivery

After we have successfully received your payment, your license key information will be emailed to the address you provided. This may take up to 1 hour but usually happens within seconds. If you do not receive an email after 1 hour , please contact us through our website.

Upon entering the license key on the license settings page of Maps Marker Pro, you will have full access to the plugin, including update and support access for 1, 3 or 5 year(s), according to your initial purchase.

For your payment you will be provided a receipt (invoice) via email.

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Payments

To process our payments, we use the certified payment provider payunity.com (which has connectors to PayPal and major credit card providers). We don’t store any credit card or PayPal login information on our servers. Payments are processed in Euro, conversion rates to other currencies are set by your local bank or credit card provider.

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Updates

Updates are released regularly for bug fixes, compatibility, or feature additions and are only available to customers who have an active update and support access (note: in your initial purchase you can choose between 1, 3 or 5 year(s) access).

With an active update and support access you are granted an inalienable right to own and continue to use Maps Marker Pro in the currently supported version.

Please note that thanks to the unexpring license key, Maps Marker Pro will still work, even if you don’t renew access to support and updates. You can continue to use it on your website, but you will not be able to get updates such as bug fixes, new features and optimizations and won’t have access to our support ticket system.

After the time period ends, you have the option to renew your access to updates and support after at a discounted renewal rate.

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License API Access

Maps Marker Pro requires the use of an assigned license key to properly work after the 30 day trial period has ended.

Our license API may only be accessed by Maps Marker Pro designed for that purpose and for the purpose of checking if your update and support access is still valid.

You may only use your license key on sites that belong to you, your clients or affiliates.

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Ownership

You may not claim intellectual or exclusive ownership rights to any of our products. All products are property of MapsMarker.com e.U. They are provided “as is” without warranty of any kind, expressed or implied.

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Liability

We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our products.

This also applies to imagery provided by default basemap providers through Maps Marker Pro, meaning that we shall also not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses resulting from map errors by used map provider.

Furthermore, if there are any special requirements when using an external provider – like registering an API key for commercial usage as it is with Google Maps or using your Google Adsense account to display ads on maps – it is your responsibility to meet those requirements, and we shall not be made liable for any violations of the map provider’s terms of services.

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WordPress Compatibility

We are committed to keep Maps Marker Pro up-to-date and working with the latest version of WordPress. The minimum required WordPress version is 4.5.

We are doing our best to ensure fast compatibility with a new WordPress version (by, for example, testing with WordPress beta releases). Nethertheless, we advise to check the docs whether a new WordPress version is compatible with the latest Maps Marker Pro plugin before updating.

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Browser Compatibility

Maps Marker Pro support all modern web browsers including (but not limited to) Firefox, Safari, Chrome (all on PC & Mac) & Internet Explorer (>v9.0). Whilst we strive to give a seamless and near-identical experience across each of these browsers, it is impossible to compensate for the lack of web standards support (relating to HTML & CSS) in some of these browsers.

When the case occurs that a browser does not support certain web standards, we try to include a generic workaround if possible for that browser, which will degrade a specific function or feature gradually, and in a way that doesn’t affect the user experience.

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Refund Policy

We are not offering any refunds as Maps Marker Pro offers a free 30-day trial without any hidden costs, allowing you to test whether the plugin fits your needs and runs on your hosting environment. Should any questions appear during that time, please don’t hesitate to get in touch with us.

After the trial period has ended, the plugin will stop working unless you enter a valid license key.

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Privacy Policy

Privacy issues are important to us. Please see our privacy policy for more details.

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Support

When you initially buy a license, you will have full access to the plugin, including update and support access for 1, 3 or 5 year(s), according to your selection. After the time period ends, you have the option to renew your access to updates and support at a discounted renewal rate.

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Transactional Emails

We may occasionally send you email notifications related to your Maps Marker Pro license. These transactional emails may include notification of licensing changes, changes to our terms and conditions, license expiration notices and other transactional emails related to your purchase of Maps Marker Pro.

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Price Changes

MapsMarker.com e.U. reserves the right, at any time, to modify or discontinue, temporarily or permanently, an offered product with or without notice. Prices of all products are subject to change.

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Taxes

You are solely responsible for any applicable state, federal or provincial taxes. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.

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Claims, Chargebacks and Disputes

If you choose to file a claim with your credit card company or PayPal, then you will not be provided under any circumstances with a refund.

Filling these claims is an unnecessary, time consuming, expensive and bureaucratic process for all parties involved and unfortunately often used by people aiming to defraud their partners. Should any discontent arise, please contact us – we want to help and do not want to work against you.

To avoid buyer’s remorse, Maps Marker Pro offers a free 30-day trial without any hidden costs, allowing you to test whether the plugin fits your needs and runs on your hosting environment. Should any questions appear during that time, please don’t hesitate to get in touch with us.

You agree that any dispute arising from or relating to this agreement will be heard solely by a court of competent jurisdiction in or nearest to Vienna, Austria. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our attorney’s’ fees, court costs, and disbursements in doing so.

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Warranty

Maps Marker Pro is tested to run on a clean installation of WordPress (minimum required version 3.3 – single site and multisite version). Although we do our best to make Maps Marker Pro  as compatible as possible, we cannot guarantee that it will function with all  party plugins/themes or web browsers.

We are not responsible for any plugin compatibility conflicts that may occur, but it is our policy to support our plugins as best we can. We will provide support for  party plugin conflicts at our discretion.

Nevertheless, we are not responsible for any data loss that may occur with incompatible third party plugins/themes, or for data loss which results from modifications made to the original Maps Marker Pro plugin files.

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Indemnity

You agree to indemnify and hold MapsMarker.com e.U., its affiliated companies, and their officers, agents, employees, partners, and licensees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of, content you submit, post, transmit or otherwise make available through your use of the Maps Marker Pro plugin, your connection to our service, your violation of the TOS, the TOS of map providers, or your violation of any rights of another.

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Source code access

Access to source code is limited and parts of the source code (which is owned by MapsMarker.com e.U.) – are obfuscated to ensure the validity and proper usage of your licenses. You may alter the readable source code, although we don’t take any responsibilities for damages/side effects resulting from doing so. Please be aware that any of these  changes made by you would also be overwritten on plugin updates.

If you have any suggestions for future plugin updates, please contact us. If it fits into our roadmap, we will do our best to make these improvements/new features available within a regular plugin update as soon as possible.

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Resellers

If you are a reseller, you are also bound by the following additional terms and conditions.

Licensing and pricing

You may use our platform to place orders on the customer’s behalf. For each successful order, the packages and assets will be provisioned to the resold customer account, while the order and invoice stay with the Maps Marker Pro reseller.

Each reseller can place orders on the customer’s behalf with a 20% discount on all available packages. You’re free to charge your clients whatever you choose, by any means of payment.  All of the  billing process happens directly between you and your clients and is not managed by us. You have the option to  charge a setup fee, recurring subscription and management fees, or any combination of these.

All end users contracting with the reseller are also subject to the terms. The terms must be presented to the end user in their original form and may not be modified in any way.

You may add additional terms and conditions as part of your own license agreement with your end users. Your additional terms and conditions must be presented separately, and may not contradict the terms. In the event of any dispute, Maps Markers Pro’s terms shall have priority.

Branding and Marketing Rights

We authorize you to whitelabel the plugin by using the according plugin setting – renaming “Maps Marker Pro” to “Maps” and removing all backlinks and logos in the admin area.

We reserves the right to reference all publicly accessible (‘live’) sites from our website and in our marketing material.

Branding and marketing strategies employed by you must be in accordance with the terms and all relevant law in any applicable jurisdiction.

Termination

In the event of termination, you must remove all statements and representations to the effect that you are an affiliate of Maps Marker Pro, or otherwise associated with it.

You are responsible for informing all end users of your reseller services of pending termination, including the proposed date of termination. We will not be responsible for any consequences resulting of the termination of the service for the reseller’s end users.

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Third Party Links

We may link to third party websites from our own website. We have no control over, and are not responsible for, these third party websites or their use of your personal information. We do not endorse, recommend or vouch for the security of such websites. We recommend that you review their terms of service and privacy policies before accessing and using the third party site.

Please note that Maps Marker Pro never will disclose, rent or sell your personal information to third parties. Please see our privacy policy for more details on our ethics and moral code.

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Choice of Law / Language

This agreement shall be governed by the laws in force in Vienna, Austria. The offer and acceptance of this contract is deemed to have occurred in Vienna, Austria.

The required language in case of any legal request/disputes is German.

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Force Majeure

You agree that we are not responsible for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

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Severability

If any term or other provision of this agreement is determined to be invalid, illegal or incapable of being enforced by any rule, law, or public policy, all other conditions and provisions of this agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that transactions contemplated hereby are fulfilled to the extent possible.

To the extent that any provision of this agreement is adjudicated to be invalid or unenforceable because it is overbroad, that provision shall not be void but rather shall be limited only to the extent required by applicable law and enforced as so limited. The parties expressly acknowledge and agree that this section is reasonable in view of the parties’ respective interests.

If the final judgment of such court or arbitrator declares that any term or provision hereof is invalid, void or unenforceable, the parties agree to reduce the scope, duration, area or applicability of the term or provision, to delete specific words or phrases, or to replace any invalid, void or unenforceable term or provision with a term or provision that is valid and enforceable, and that comes closest to expressing the original intention of the invalid or unenforceable term or provision.

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Acceptance

By starting a free 30 day trial period as well as by purchasing a valid license, you indicate that you have read and agreed to the terms and conditions detailed on this page.

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Terms History

Created: March 2013
Changelog:
April 2014 (added section about reseller program)
December 2014 (add company name MapsMarker.com e.U.)
June 2015 (updated info about trademark)
May 2016 (edited wording, corrected typos)

We reserve the right to change or modify the current Terms and Conditions with no prior notice.

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Trademarks

MapsMarker®

Copyright 2011-2020 MapsMarker.com e.U., All Rights Reserved

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