Ship2MyID services (“Ship2MyID”, “MapMyID”, “we”, “us”, “our”) are provided by MapMyID, Inc., a Delaware Corporation, for the purpose of allowing people to converge their online and offline worlds in ways that matter. We like to call this “Two Worlds, One Me.”® Our technologies integrate Online ID’s (e.g. email address, Facebook, LinkedIn, Twitter, and more) with geographic location to enable real world transactions like sending and receiving gifts.
Our Ship2MyID product enables ecommerce transactions (“Social Commerce”) by leveraging the ability of mapping an Online ID to a physical address. With the approval of the Receiver, we eliminate the need for Senders to know a physical address by supplying the shipping information to the Merchant. However, we do not take ownership or control of money or the shipping process.
The terms “you” and/or “user” refers to the person accessing our service (the “MapMyID Service” or “Ship2MyID” product feature) or the company or organization on whose behalf a person accesses the MapMyID Services. In this Agreement, “MapMyID” means MapMyID, Inc., a Delaware Corporation with its principal address located at 4800 Patrick Henry Drive, #340, Santa Clara, CA 95054, United States.
2. The Agreement
B. By registering a MapMyID Account and accepting the terms of this Agreement, you confirm that you are: 1. At least 18 years of age; or 2. Between 14 and 17 years of age and using the MapMyID Services with the permission and consent of your parents or legal guardian.
C. We reserve the right to refuse to register a MapMyID Account or to terminate a MapMyID Account if these criteria are not met.
D. Your use of the MapMyID Services on or through a device owned or controlled by a company, organization or other person indicates your authority to access the same for and on behalf of such company or organization or other person, and you hereby represent and warrant that you have such authority, and agree to be bound by the Agreement. Any such use will evidence the irrevocable acceptance of and agreement to this Agreement by you, as well as such company, organization or other person. Additionally, any use of the MapMyID Services by a company, organization or other person that is undertaken on your behalf, either at your direct or indirect request, direction or authorization, will evidence the irrevocable acceptance of and agreement to this Agreement by you.
3. The MapMyID Services
B. Merchants. Those individual retailers that permit items to be shipped via mail delivery to a designated Receiver with the Ship2MyID checkout option. Merchants are responsible for selling, processing and arranging for shipment of any purchases. MapMyID only supplies the Merchant with the Receiver’s physical address to fulfill a shipment for a particular order and only if approved by the Receiver.
C. Merchant Transaction. The purchase of goods and/or services from a Merchant using our Ship2MyID feature.
D. Ship2MyID Feature. Senders purchase products via a web store or online retail site and wish to ship those items using an Online ID. When a Sender selects the Ship2MyID option, the Receiver is notified and may accept the transaction by registering any Online IDs with the MapMyID Service. MapMyID will then provide the Receiver’s shipping address to the Merchant. Receivers must be registered prior accepting or receiving shipments from Senders. MapMyID and/or the merchant may email transaction details to both Senders and Receivers to inform them of the transaction progress and to remind Receivers to accept and to alert Senders whether the Receiver has accepted or rejected the transaction.
We do not charge registration or account fees to our registered Users. Our revenue comes from our merchant services agreements with individual retailers in the following ways:
1. Initial Setup. Participating merchants pay initial account setup fees to use the Ship2MyID service for retail sales. Setup fees are not paid by the User.
2. Referral. Users can visit our Site and find participating Ship2MyID merchants. When a User clicks a specific merchant and visits the merchant’s website, we may receive fees for the traffic referral or as part of our affiliate agreement with the retailer. We may track referral traffic so that we have the ability to collect our referral fees. Referral fees are not paid by the User.
3. Transaction. Fees are assessed at the point of sale and are considered transaction fees. Typically, this is a flat fee assessed per transaction and is paid by the merchant for the benefit of offering our Services to retail customers.
G. User Conduct
1. Intentionally or unintentionally violating any applicable law, ordinance or regulation;
2. The submittal of knowingly fraudulent information, committing fraud or falsifying information in connection with establishing a MapMyID account;
3. Attempting to intercept, collect or store data about any third party without his, her or its knowledge and consent, including account names, email addresses, Online IDs, or other such information, for any purpose (this includes web scraping and database scraping);
4. Accessing, tampering with our using any user’s profile or account;
5. Attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures of any third parties;
6. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising of the Services offered by MapMyID, Ship2MyID or any related website or network;
7. Providing material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any business, entity, or other organization competing or intending to compete or exploring the manner in which to compete with the MapMyID Services or any of the functionality, features, content, materials or individual elements thereof;
8. Providing material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization;
9. Interfering or attempting to interfere with the access of any user, including without limitation, submitting a “virus,” “Trojan,” “worm,” “logic bomb,” or attempt to “overload,” “flood,” “spam,” or “crash” the site;
10. Stalking, bullying or otherwise harassing another;
11. Impersonating or misrepresenting oneself or any other User or affiliation; and
12. Allowing or assisting others to circumvent the restrictions set forth in this Section or elsewhere in this Agreement.
4. Limited License and Conditional Use of MapMyID Services
MapMyID grants you a limited, revocable, non-exclusive, non-sublicensable and non-assignable license to access and use the MapMyID Services for your personal, non-commerical use, subject to all of the terms and conditions of this Agreement.
5. User-Generated Content
Users may send MapMyID their comments and stories, which may be incorporated by us and used on our Site or within advertisements and promotional materials. MapMyID owns all rights, title and interest to any content submitted by a User in the form of a comment, idea, suggestion, or story, including all copyrights and claims of invention whether or not we incorporate that content into our Site or Service. MapMyID may access and use your written information available from your social network identities i.e. Facebook wall or fan page, blog posts, Twitter feed, and LinkedIn profile updates to support our Service, advance sales, and market our activities. We will never use personal identifying information without your permission unless the material refers only to your first name and city and state of residence.
6. Address Book
MapMyID maintains a profile feature called your “Address Book”. All of your online contacts may be added to your Address Book and it is your responsibility to control your preferences with respect to each contact. MapMyID also provides its Users with the ability to “Auto Accept” or “Auto Reject” to each of the contacts listed in the Address Book. When you turn on “Auto Acceptance” for a particular contact, it means you agree to accept deliveries from that person using the Ship2MyID service without further approval. Similarly, when “Auto Rejection” is active, any Sender using the listed contact will not be permitted to send you deliveries and will receive notification of your rejection. The “Auto Acceptance” list should only include those people you know and trust as it will allow Senders to send gifts or other purchases to your physical mailing address. It is your responsibility to manage and keep your Address Book and delivery preferences current. We reserve the right at any time to disable the Auto Acceptance and Auto Rejection features from any account for any reason or for no reason at all.
When you access our services via mobile applications e.g. through our iPhone or Android apps, you allow us to access your saved contacts on your mobile device/phone. You may adjust your privacy settings to allow or disallow our access on your device settings. However, full functionality of our service requires access to your device contacts or address book. We save a copy of your mobile device contacts in our Ship2MyId database, also called your Ship2MyID Address Book. Similarly, when you import your contacts from your email service e.g. Gmail, Yahoo, Hotmail, we store those contacts in the Address Book. You may request that we delete this information upon your discontinuation of the use of our service by sending a request to firstname.lastname@example.org.
7. Merchant Transactions
You authorize us to collect and store the Receiver’s mailing address and other transactional data from a Merchant Transaction that we may access and use for future transactions.
When a Receiver rejects or fails to accept the transaction or deliverance of a shipment, some payment providers may charge a refund transaction fee. Depending on the payment provider, the charges may be deducted from the purchaser.
8. Targeted Marketing
MapMyID intends to share some User information with our affiliate partners, including individual retailers for the purpose of targeted marketing. We take your personal privacy very seriously, however YOU HEREBY ACKNOWLEDGE AND GIVE US PERMISSION TO SHARE THE FOLLOWING INFORMATION WITH OUR AFFILIATE PARTNERS FOR USE IN TARGETED MARKETING CAMPAIGNS: (1) Web traffic information including links you click on our Site; (2) frequency of Site visits, logins and User-profile updates; (3) User preferences in the form of “likes,” “favorites,” “wants,” or “saved items” related to merchandise or services; (4) Purchase history including search history and shipping preferences; and (5) any other information you share with us or incorporate into your profile settings by associating your Account with your Online IDs (e.g. Facebook Wall or Fan Page information, Twitter feed, LinkedIn updates).
If you wish to be excluded from all targeted marketing, you may opt out by following the instructions on our website or by sending your request in writing to us at 4800 Patrick Henry Drive, #340, Santa Clara, CA 95054, United States. If you choose to opt out of all marketing, we cannot guarantee that all Services will remain available to you and we reserve the right to terminate the account if we cannot accommodate the request for any reason.
9. Linking to the MapMyID Services or any Platform Feature
MapMyID may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MapMyID has no control over such sites and resources, you acknowledge and agree that MapMyID is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MapMyID shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. No Warranties and Limitation of Liability
We provide access to the MapMyID Services on an “as is” and “as available” basis. MapMyID gives no express, implied or statutory warranty as to the content, quality, availability, function or fitness for a specific purpose of the MapMyID Services. In no event shall MapMyID be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services (however arising), or (iii) for any direct damages in excess of (in the aggregate) $100. Your sole and exclusive remedy for any dispute with us is to discontinue your use of the MapMyID Services.
MapMyID does not warrant and does not represent any responsibility for the quality of products or services provided by Merchants. MapMyID expressly disclaims any and all liability for any direct or indirect damages, costs or other losses related to products or services provided by Merchants to Users.
11. Release and Indemnity
You hereby expressly and irrevocably release and forever discharge MapMyID, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless MapMyID, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or MapMyID Username and password, or (iv) any violation of any rights of a third party.
12. Intellectual Property
PATENTS PENDING. MapMyID is platform built using proprietary processes and software. as applied for with the United States Patent and Trademark Office (USPTO) and MapMyID will vigorously defend its intellectual property through the full use of the law. We also intend to keep our non-patentable business methods, including our User lists and Address Book information, undisclosed from the public and hereby provide notice of our intent to claim trade secret and defend any misappropriation of the same under the Uniform Trade Secrets Act as adopted by California in Civil Code Section 3426-3426.11. Users are not permitted to disclose or assist others in infringing our intellectual property rights.
As we expect the same from you, MapMyID respects the intellectual property rights of others too. MapMyID will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
MapMyID takes all claims of copyright infringement seriously and will investigate any such notices and take appropriate actions under the DMCA. To notify MapMyID of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of email@example.com and include in your notice a detailed description of the alleged Infringement sufficient to enable MapMyID to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide MapMyID with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at firstname.lastname@example.org. You must include in your counter notice sufficient information to enable MapMyID to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
13. Termination of Service
Users are may create and cancel their own MapMyID accounts. MapMyID may terminate or suspend any and all Services and/or your MapMyID account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Content from your account prior to termination. Please note, some secondary information related to your account i.e. User comments, purchase history and preferences based on your profile characteristics will continue after your account is terminated.
14. Customer Support
We intend to maintain customer support channels, including methods of contact via email provided on our Site as well as through our social network identities (e.g. Twitter @MapMyID). We may also choose to utilize a SaaS based tool to provide customer support.
MapMyID is only the address provider to the retailer and does not accept or store credit card information (we do not collect any payment information from Senders or Senders). Similarly, we are not responsible for shipping or logistics of items purchased from retailers or vendor consolidators. Any billing or shipping related inquires must be directed to the company where the transaction was completed i.e. individual retail site.
15. Entire Agreement
The articles, paragraphs and terms of this Agreement shall constitute the entire agreement between you, the User, and us, MapMyID as the Service-enabling provider. Any previous negotiations, agreements or discussions shall be null and void and are hereby superseded by the acceptance of this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable for any reason whatsoever, such determination shall not affect the validity or enforceability of the remaining provisions of this Agreement.
17. Governing Law and Disputes
18. California Residents
If you are unable to resolve a complaint with MapMyID or any of its services, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at 800.952.5210.
MapMyID reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, MapMyID will notify you by posting an announcement on the site and/or by sending you an email notification. What constitutes a material change will be determined at MapMyID’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.