Waze Terms of Use

DATED 2012-05-31 · VERSION 20120816_rev01 · COMPARED WITH 20120301_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20120301_rev01 to 20120816_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

 **Terms of Use**
 **Welcome to Waze!**
 These Terms of Use ("Terms") govern your rights and obligations regarding the use of Waze's Software ("Software") and service (both collectively referred to as the "Service") on the Internet or in cellular media. These Terms constitute a fully binding agreement between Waze Ltd. (including its affiliates and subsidiaries, "Waze" or "We") the proprietor of all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms.
+By using the Waze Service, you signify your assent to:
+By using the Waze Service, you signify your assent to
+· these Terms;
+these Terms;
+· Waze's privacy policy ("Privacy Policy"); and
+[Waze's privacy policy](http://www.waze.com/legal/privacy) ("Privacy Policy"); and
+· Waze's copyright policy ("Copyright Policy")
+[Waze's copyright policy](http://www.waze.com/legal/copyright) ("Copyright Policy")
 all of which are an integral part of these Terms.
 If you do not agree to these Terms or any of its parts, then you are prohibited from using the Service and We request that you refrain from doing so.
 **Key Points**
 The following key points of the Terms of Use are brought for your convenience only. These key points are not in lieu of the full Terms of Use.
+· **Road information prevails**. The information provided by the Service is not intended to replace the information provided on the road, such as traffic signs, traffic lights, police instructions, etc.
+**Road information prevails**. The information provided by the Service is not intended to replace the information provided on the road, such as traffic signs, traffic lights, police instructions, etc.
+· **Cautious driving**. Always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to send traffic updates (such as updates on road accidents and traffic congestion), while driving. Such updates may only be sent after you have stopped your vehicle in an appropriate location permitted by law. Alternatively, such updates may be sent by a passenger other than the driver, provided it does not interfere with the due course of driving and does not distract the driver's attention to the road.
+**Cautious driving**. Always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to send traffic updates (such as updates on road accidents and traffic congestion), while driving. Such updates may only be sent after you have stopped your vehicle in an appropriate location permitted by law. Alternatively, such updates may be sent by a passenger other than the driver, provided it does not interfere with the due course of driving and does not distract the driver's attention to the road.
+· **Non-continuous updates**. The information provided by the Service originates from other users of the Service. Such information is intrinsically fluctuant and may be inaccurate, incomplete or outdated. Waze does not provide any warranties to such information's credibility or reliability.
+**Non-continuous updates**. The information provided by the Service originates from other users of the Service. Such information is intrinsically fluctuant and may be inaccurate, incomplete or outdated. Waze does provide any warranties to such information's credibility or reliability.
+· **Location-based Service**. Some features of the Service utilize GPS technology in order to determine your position. These features cannot be provided without utilizing this technology. If you do not wish to benefit from these features, you may download the map to your device and use the Software in a strictly offline manner.
+**Location-based Service**. Some features of the Service utilize GPS technology in order to determine your position. These features cannot be provided without utilizing this technology. If you do not wish to benefit from these features, you may download the map to your device and use the Software in a strictly offline manner.
+· **The Internet connection is under your responsibility and at your expense**. Transmitting and receiving real-time updates to and from the Service, require an online (Wi-Fi or 3G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
+**The Internet connection is under your responsibility and at your expense**. Transmitting and receiving real-time updates to and from the Service, require an online (Wi-Fi or 3G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
+· **Free Software**. The Service utilizes Software for map displays, updates and road information. With respect to some cellular telephone devices running the Software, the Software is a free-software. In such cases you may redistribute the Software or modify it in accordance with the GNU General Public License as published by the Free Software Foundation, whether it is version 2.0 of the license or any later version of your choice. For further information, see the GNU General Public License. The Service, its database, Waze's trademarks, the design of the maps of the Service and the voice files integrated in the Software - all are not free-software.
+**Free Software**. The Service utilizes Software for map displays, updates and road information. With respect to some cellular telephone devices running the Software, the Software is a free-software. In such cases you may redistribute the Software or modify it in accordance with the GNU General Public License as published by the Free Software Foundation, whether it is version 2.0 of the license or any later version of your choice. For further information, see the GNU General Public License. The Service, its database, Waze's trademarks, the design of the maps of the Service and the voice files integrated in the Software - all are not free-software.
+· **your age**. The Service is intended for use by users who are at the legal age permitting to hold a driving license. In any case, accounts of users under the age of 13 years will be cancelled and deleted by Waze.
+**your age**. The Service is intended for use by users who are at the legal age permitting to hold a driving license. In any case, accounts of users under the age of 13 years will be cancelled and deleted by Waze.
 **WHAT IS THE SERVICE**
 The Service allows car drivers to navigate to their desired address. It allows drivers and users to assemble and update maps to reflect road conditions and occurrences on them, such as traffic congestions, road accidents, police road blocks, etc. The Service is provided mainly by the Software.
 **THE LICENSE**
 **Waze Service.** Waze hereby grants you a free of charge, non-exclusive, time-limited, non-transferrable, non-sub-licensable, revocable license to use the Service(including the Software) for non-commercial purposes, subject to these Terms.
 **The free version of the Software**. In respect to the cellular telephones using the free-software version of the Software, the Software is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
+Along with this Software, you should have received a copy of the GNU General Public License; in case you did not receive such a copy, please contact us at support@waze.com, advise us of your email address and we will send you a copy of the GNU General Public License. If you are using the Software, you may contact us at the above address, request a copy of the source code of the Software and we will send you such a copy. This offer is valid for three years. Be advised that this clause applies only with respect to the free version of the Software. It does not apply to the Service, its database, Waze's trademarks, the design of the maps of the Service and the voice files integrated in the Software or to other intellectual property rights of Waze - all of these are not free-software.
+Along with this Software, you should have received a copy of the GNU General Public License; in case you did not receive such a copy, please contact us at support@waze.com\], advise us of your email address and we will send you a copy of the GNU General Public License. If you are using the Software, you may contact us at the above address, request a copy of the source code of the Software and we will send you such a copy. This offer is valid for three years. Be advised that this clause applies only with respect to the free version of the Software. It does not apply to the Service, its database, Waze's trademarks, the design of the maps of the Service and the voice files integrated in the Software or to other intellectual property rights of Waze - all of these are not free-software.
 **USING THE SERVICE**
 You may use the Service solely for private and personal purposes. You must not use the Service commercially. For example, you may not offer to third parties a service of your own that uses the Service; you may not resell the Service, offer it for rent or lease, offer it to the public via communication or integrate it within a service of your own, without the prior written consent of Waze.
+You must not copy, save or otherwise use the data from the Service's database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.
+You must not copy, print, save or otherwise use the data from the Site or the Service's database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.
+When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service's database for any purpose without the express written permission of Waze.
 The Software may not be used in any way not expressly permitted by these Terms.
 **REGISTERING TO THE SERVICE**
 Use of the Service and use of some parts of the Waze's website (the "Site") require registration.
 **TERMINATION OF USE OF THE SERVICE**
 You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise Waze of such termination.
 Waze retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason Waze deems appropriate, at its sole and absolute discretion. Additionally, We retain the right to share your personal information or information that pertains to you, with appropriate third parties, in the following circumstances:
+· If during registration you have intentionally provided wrongful or erroneous information;
+If during registration you have intentionally provided wrongful or erroneous information;
+· If you engaged in any act that is harmful or may be harmful to Waze, or any third party, including but not limited to other users, Waze's suppliers or Waze's partners;
+If you engaged in any act that is harmful or may be harmful to Waze, or any third party, including but not limited to other users, Waze's suppliers or Waze's partners;
+· If you used or attempted to use the Site or the Service for an illegal act, or an act that is seemingly illegal, or if your use of the Site or the Service allows, facilitates, assists or encourages the commission of such acts;
+If you used or attempted to use the Site or the Service for an illegal act, or an act that is seemingly illegal, or if your use of the Site or the Service allows, facilitates, assists or encourages the commission of such acts;
+· If you have violated these Terms;
+If you have violated these Terms;
+· If the sharing of information is required to satisfy an order or decree prescribed by a judicial or administrative authority;
+If the sharing of information is required to satisfy an order or decree prescribed by a judicial or administrative authority;
+· If the sharing of information is required for the purpose of detecting, preventing or otherwise addressing technical issues, security breaches, or instances of suspected wrongdoings of fraudulent nature.
+If the sharing of information is required for the purpose of detecting, preventing or otherwise addressing technical issues, security breaches, or instances of suspected wrongdoings of fraudulent nature.
 To the extent possible, We will advise you of your account termination.
 **USER CONTENT**
 The Service allows all users of the Software to submit and post information and content to other users ("Submissions" or "Content "). For example, map and road updates, traffic congestion updates, road accidents, etc. You assume sole responsibility for your Submissions and for the consequences of posting them.
 Waze retains sole discretion to determine which Content will be published, the duration of its publication, its location, design and any other matter pertaining to the publication of Content within the Service. Waze does not guarantee that all Content will be published, in general or for any limited time.
 Content submitted by users for publication does not reflect the views of Waze. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.
 **COPYRIGHT**
+All intellectual property rights in and to the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets - are either exclusive property of Waze or exclusively licensed to Waze. The Service is protected, among others, by the Israeli Copyright Law, 2007 or by provisions prescribed by any other law, in Israel and abroad.
+All intellectual property rights in and to the Site, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets - are either exclusive property of Waze or exclusively licensed to Waze. The Service is protected, among others, by the Israeli Copyright Law, 2007 or by provisions prescribed by any other law, in Israel and abroad.
 Copying, distributing, publicly displaying, offering to the public via communication, transferring to the public, modifying, adapting, processing, creating derivative works, selling or leasing, any part of the Service, in any manner or means without the prior written consent of Waze, is strictly forbidden. "Waze", the Waze logo, and other trade and/or service marks are property of Waze and may not be used in any of the aforementioned means.
+The design of the maps of the Service is a protected work under copyright laws and all its intellectual property rights remain the exclusive proprietary of Waze. The Software license does not extend to the maps presented by the Software or to any mark, indicator, logo or notation embedded in the map display.
+The design of the maps of the Site and the Service is a protected work under copyright laws and all its intellectual property rights remain the exclusive proprietary of Waze. The Software license does not extend to the maps presented by the Software or to any mark, indicator, logo or notation embedded in the map display. You may not copy or print more than one copy of any data or material appearing on the Site.
 Waze may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating Waze's rights under these Terms or under any applicable law, infringement of the rights in and to the Service will, in and on itself, result in the termination of all your rights under these Terms. In such an event, you must immediately cease any and all uses of the Service, and within your obligations to Waze, you undertake to do so.
+**LIMITATION OF LIABILITY AND WARRANTY**
+**Apple**
+If you use the Service through an Apple device, then you agree and acknowledge that:
+Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
+You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
+Apple and Apple's subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
+**Export Control**
+You represent and warrant that: (i) your are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.**LIMITATION OF LIABILITY AND WARRANTY**
 WAZE PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
 Additionally and without derogating from the above clause, Waze disclaims any warranty for the accuracy of the maps, road conditions, driving directions or navigation routes presented in or by the Service. For instance, traffic may be congested in roads depicted by the Service as uncongested; existing roads may be missing from the map. Such errors and omissions are inherent to any community-based service that operates on users' posts and on the information provided by them.
 **You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of the Service and that the use of the Service is entirely at your own risk. You acknowledge that you must observe all traffic laws while using the Service.**
 **COMPLETE TERMS**
 These Terms, together with the policies that are an integral part of these Terms, namely the Privacy Policy and the Copyright Policy, shall all constitute the entire and complete agreement between you and Waze concerning the Waze Service. In the event of an inconsistency between these Terms and the synopsis of terms presented to the user during Software installation, these Terms shall prevail.
 **CONTACT US**
+You may contact us concerning any question about the Service, through [support@waze.com](mailto:support@waze.com). We will make our best efforts to address your inquiry promptly.
+You may contact us concerning any question about the Service, through the channels listed on the "About" menu in the Software or through the "Contact Us" page on the Site (web address: www.waze.com/support). We will make our best efforts to address your inquiry promptly.
+Last modified: October 28, 2011
+Last modified: May 31, 2012