Waze Terms of Use

DATED 2012-05-31 · VERSION 20130824_rev01 · COMPARED WITH 20121006_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20121006_rev01 to 20130824_rev01

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

 **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.
 **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 Such information is intrinsically fluctuant and may be inaccurate, incomplete or outdated.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.
+**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 and Wi-Fi technology in order to determine your position. These features cannot be provided without utilizing this technology..
+    Please note: when you are using the Service as an "Anonymous" user, other Users will not see personal information about you other than your driving speed and information regarding when you joined the Service BUT Waze will continue to track your location and your routes in order to provide the Service. When you are using the Service as an "Anonymous" user an icon representing you will still appear on the map without your personal information other than your driving speed and information regarding when you joined the Service.
 **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.
 **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.
+**Privacy.** Your privacy is important to us. While using the Service personally identifiable information regarding You is created, whether actively by You or as a byproduct of Your use of the Service, as detailed in our Privacy Policy at: http://www.waze.co.il/legal/privacy/. The Privacy Policy explains our practices pertaining to the use of Your personally identifiable information and we ask that You read such Privacy Policy carefully. Please note: in order to use the Service, You are not required to provide any personally identifiable information (such as Your name or home address), and You may use the Service and enjoy it anonymously. W**hen you are using the Service as an "Anonymous" user, other Users will not see personal information about You other than your driving speed and information about when You joined the Service BUT Waze will still allow You to provide personally identifiable information if you choose to do so.** If You do decide to actively disclose such personally identifiable information, You hereby acknowledge and agree that such personally identifiable information will be collected and stored by Waze, and will be used by us subject to the terms and conditions of the Privacy Policy. Furthermore, the Service allows You to connect Your Waze profile with other social networks (such as Facebook, Twitter and Foursquare) and as a result allows you to share information with such social networks, i.e. collect information from, and transfer information to, such social networks, including personally identifiable information (such as name or profile picture). In this regards, The Service allows You to choose what information, if any, to share with others. You have to exercise personal judgment when connecting with other social networks, knowing that such use may bring about the collection and transfer of personally identifiable information from Waze to such social networks and vice versa. By accepting these Terms, you hereby acknowledge and agree to the collection, storage and use of personally identifiable information related to you, by Waze, subject to this section, the Privacy Policy and any applicable laws and regulation.
 **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**
 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.
+**USE RESTRICTIONS**
+There are certain conducts which are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result herein (at Waze's sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.
+**You may not, whether by yourself or anyone on your behalf**: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content at the Service and/or Site, in any way or publicly display, perform, or distribute them; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Waze prior written consent; (iii) create a browser or border environment around the Content (no frames or inline linking); (iv) interfere with or violate any third party or other user's right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personally identifiable information about visitors or users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' copyrights, and other intellectual property rights; (vi) transmit or otherwise make available in connection with the Service and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make the Service and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site; (ix) frame or mirror any part of the Service and/or Site without Waze prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from the Service and/or Site; (xi) forward any data generated from the Service and/or Site without the prior written consent of Waze; (xii) transfer or assign your accounts' password, even temporarily, to a third party; (xiii) use the Service and/or Site for any illegal, immoral or unauthorized purpose; (xiv) use the Site, the Service, the Content and/or for non-personal or commercial purposes without Waze express prior written consent; or (xv) infringe or violate any of the Terms.
 **REGISTERING TO THE SERVICE**
 Use of the Service and use of some parts of the Waze's website (the "Site") require registration.
+If you do not wish to register to the Service when installing the Software, you may elect the option "Not now" or "skip". This option creates an anonymous account to be used with your cellular device. Such an account allows you to use the Service anonymously, so that no information personally identifying you or your use of the Service will be collected. However, electing to use the Service anonymously will limit your access to some parts of the Site and any credits you earn while driving, will not be saved.
+If you do not wish to register to the Service when installing the Software, you may elect the option "Not now" or "skip". This option creates an anonymous account to be used with your cellular device. Such an account allows you to use the Service anonymously, so that information personally identifying you or your use of the Service will not be seen by other users. However, electing to use the Service anonymously will limit your access to some parts of the Site and any credits you earn while driving, will not be saved.
+During your registration, you will be asked to provide information identifying yourself such as: nickname, username, active email address, etc. You must provide full, accurate and truthful information. Providing wrongful or erroneous information might prevent you from using the Service and might impede Waze's ability to contact you. The information you provide during registration will be kept by Waze. We will not use it in any manner inconsistent with the Privacy Policy.
+**Please note: when you are using the Service as an "Anonymous" user, other Users will not see personal information about you other than your driving speed and the information regarding when you joined the Service BUT Waze will continue to track and your location and your routes in order to provide the Service. When you are using the Service as "Anonymous" user and icon representing you will still appear on the map without your personal information other than your driving speed and time you joined the Service**
+During your registration, you will be asked to provide information identifying yourself such as: nickname, username, etc. You must provide full, accurate and truthful information. Providing wrongful or erroneous information might prevent you from using the Service and might impede Waze's ability to contact you. The information you provide during registration will be kept by Waze. We will not use it in any manner inconsistent with the Privacy Policy.
 The nickname you provide during registration will be used to identify you when you use the Software and on the Site. Your nickname may be disclosed and visible to other users of the Service and on the Site when you submit an update or when you use the chat feature of the Software. If you prefer to remain anonymous, you may apply the appropriate Software option that prevents disclosure of your nickname when using the Service.
 Additionally, when registering to the Site, you will be asked to provide a username and password intended to identify you whenever you access "My Control Panel" on the Site. Waze retains the right to require additional or other methods of identification.
 You must keep your account username and password secure in order to prevent their abusive exploitation. Be certain to change your password as frequently as possible and in any case at least once in six months.
 **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.
+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. If you wish to remove personally identifying details from Waze's servers, please contact support@waze.com .
 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 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;
 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**
+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.**
 You may not assign or transfer your rights in and to the Service, without the prior written consent of Waze. Waze may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Waze's obligations to you under these Terms.
 **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.
+**NO LEGAL RELATIONSHIP**
+These Terms of Use and the use of the Service, including uploading any data and contents by you onto the Service including Waze's databases, maps and data do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service for your enjoyment and benefit constitutes the sole and sufficient consideration for any contribution you have to the Waze Service, its contents, maps and any other data.
 **CONTACT US**
 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: May 31, 2012