Terms of service

The following terms and conditions (“Terms”) govern all users of http://www.loqus.io/ (the “Website”) and all content, services, and products made available by 2xM Creations at or through the Website. Our Services are offered subject to your acceptance without modification of the terms and all other operating rules, policies (including, without limitation, Loqus.io’s Privacy Policy) and procedures that may be published from time to time by 2xM Creations. (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by the Agreement. If you do not agree to the Agreement, then you may not access or use any of our Services.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older. Any person who is over 13 but under 19 years of age or the age of majority, legal guardian / parent consent is required.

Use of our Services requires a Loqus.io account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1.  Loqus.io

Services. The Services means a non-exclusive license to access and use the products and services developed and maintained by 2xM Creations and made available to you via the web page(s) or mobile applications as described on the Website. The Services include, without limitation, a non-exclusive license to access and use all of 2xM Creations proprietary technology (including software, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) relating to Loqus.io that are made available by 2xM Creations to you in providing the Services.

Your Loqus.io Account and Map. If you create a map on Loqus.io, you are responsible for maintaining the security of your map, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the map. You must immediately notify 2xM Creations of any unauthorized uses of your map, your account, or any other breaches of security. 2xM Creations will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors. If you operate a map, comment on a map, post material to Loqus.io, post links on Loqus.io, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Loqus.io, you represent and warrant that your Content and conduct do not violate the Agreement. If you lawfully delete Content, 2xM Creations will use reasonable efforts to remove it from Loqus.io, but you acknowledge that caching or references to the Content may not be made immediately unavailable. 2xM Creations has the right (though not the obligation) to, in 2xM Creations’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in 2xM Creations’s opinion, violates any 2xM Creations policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Loqus.io to any individual or entity for any reason. 2xM Creations will have no obligation to provide a refund of any amounts previously paid.

Advertisements. 2xM Creations reserves the right to display advertisements on your map unless you have purchased an Ad-free subscription plan.

Attribution. 2xM Creations reserves the right to display attribution text or links in your site footer or toolbar, attributing Loqus.io. The toolbar may not be altered or removed. Attribution text or links may only be hidden if you are subscribed to one of Loqus.io’s paid plans.

2.  Payment and Renewal

General Terms. Optional paid services such as paid subscription plans and extra storage are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay 2xM Creations the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.

Automatic Renewal. Unless you notify 2xM Creations before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you.

Downgrade and Cancellation. When you downgrade or cancel any paid subscription, the service will continue until the end of the current subscription period. All subscription payments are final and are non-refundable.

3.  Content

For purposes of the Terms, “Content” means any data, information, user information or other material (proprietary, copyrighted or otherwise) which is uploaded, entered, created or otherwise provided by you in the course of using the Services, including, but not limited to, any third party data obtained by you.

You are solely responsible for lawfully obtaining all Content and for only using lawfully obtained Content in its use of the Services, and for the accuracy, quality, integrity, completeness, legality, reliability, appropriateness and intellectual property ownership of or right to use all Content. You will use reasonable security precautions when accessing and using the Services, and will create and maintain copies of all Content uploaded to the Services. You will abide by all applicable laws, treaties and regulations, including those related to privacy.

You agree to grant 2xM Creations a non-exclusive, royalty free limited license to access and use Content solely as necessary to deliver the Services and perform obligations under the Terms. We will maintain commercially reasonable administrative, physical, and technical safeguards for protection of the security and confidentiality of the Content. We will not (i) modify Content, except as required to provide the Services, (ii) disclose Content except as expressly permitted in the Terms or by you in writing, or (iii) access Content except to provide the Services and prevent or address service or technical problems, or at your request in connection with customer support matters. We will not, and has no obligation to, maintain the accuracy, quality, integrity, completeness, legality, reliability, appropriateness or intellectual property ownership or right of use of any Content uploaded and used by you in connection with the Services. We are not responsible or liable for the deletion, correction, damage, loss of or failure to store any Content.

Subject to the above, we acquire no right, title or interest from you under the Terms in or to such Content, including any intellectual property rights therein. You hereby represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit, upload or enter on the Website.

4.  Third Party Services

The Website and Services and Software contain links to third‑party websites or resources. You acknowledge and agrees that 2xM Creations is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.
Links to third party websites or resources do not imply any endorsement by 2xM Creations of the content, products, or services available from such websites or resources. Customer has the sole responsibility for and assumes all risk arising from Customer’s use of any such websites or resources. Customer further acknowledges that Customer’s use of those third party sites and services will be subject to the user terms and policies of each individual site, including terms relating to privacy and order fulfillment when Customer purchases any goods or services from a third party website linked to from the Website.

5.  Intellectual Property

This Agreement does not transfer from 2xM Creations to you any 2xM Creations or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with 2xM Creations. 2xM Creations, Loqus.io, the Loqus.io logo, and all other trademarks, service marks, graphics and logos used in connection with Loqus.io or our Services, are trademarks or registered trademarks of 2xM Creations or 2xM Creations’ licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any 2xM Creations or third-party trademarks.

6.  Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

7.  Termination

2xM Creations may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Loqus.io account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8.  Disclaimer of Warranties

Our Services are provided “as is” and “as available” without warranties of any kind. 2xM Creations and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither 2xM Creations nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

9.  Jurisdiction and Applicable Law

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the province of British Columbia, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Vancouver, BC.

10.  Limitation of Liability

In no event will 2xM Creations, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to 2xM Creations under this Agreement during the twelve (12) month period prior to the cause of action. 2xM Creations shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

11.  General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the Loqus.io Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

12. Indemnification

You agree to indemnify and hold harmless 2xM Creations, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

13. Translation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

14. Miscellaneous

This Agreement constitutes the entire agreement between 2xM Creations and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of 2xM Creations, or by the posting by 2xM Creations of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; 2xM Creations may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.