Waze Terms of Use

DATED 2013-11-20 · VERSION 20140101_rev01 · COMPARED WITH 20131108_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20131108_rev01 to 20140101_rev01

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

11## Terms of Use
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33**Welcome to Waze!**
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5These 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.
5These 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 Mobile 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.
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77By using the Waze Service, you signify your assent to
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99these Terms;
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1111[Waze's privacy policy](http://www.waze.com/legal/privacy) ("Privacy Policy"); and
2323**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.
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2525**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.
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2727**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.
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29**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..
29**Location-based Service**. Some features of the Service make use of detailed location and route information, for example in the form of GPS signals and other information sent by your mobile device on which the Waze application is installed and activated. These features cannot be provided without utilizing this technology. Please note, as described in detail in the [Privacy Policy](http://www.waze.com/legal/privacy/):-
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31 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.
31(I) Waze uses your location and route information to create a detailed location history of all of your journeys made when using the Service. Waze uses this history to offer the Service to you, to improve the quality of the Service it offers to you and to all of its users and to improve the accuracy of its mapping and navigation data. This history is associated with your account and username (if you have chosen to set up a username). This history is retained by Waze for a limited period of time and in accordance with the Privacy Policy.
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33(II) Waze allows you to use the Service whether or not you choose to set up a username for yourself. If you choose to use the Service without setting up a username you may do so by skipping the username setup stage of the application installation process. Waze will still link all of your information with your account and a unique identifier generated by Waze in accordance with the Privacy Policy. Note that in order to access certain features of the Service (for example map editing, ranking, moods) you will need to set up a username.
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3335**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.
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3537**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.
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37**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.
39**Your age**. The Service is intended for use by users who are of the legal age required to hold a driving license. In any case, accounts of users under the age of 13 years will be cancelled and deleted by Waze, upon receiving notice.
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39**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.
41**Privacy.** Your privacy is important to us. While using the Service, personal information may be provided by You or collected by Waze as detailed in our Privacy Policy at: [http://www.waze.com/legal/privacy/](http://www.waze.com/legal/privacy/). The Privacy Policy explains our practices pertaining to the use of Your personal information and we ask that You read such Privacy Policy carefully. By accepting these Terms, you hereby acknowledge and agree to the collection, storage and use of your personal information by Waze, subject to this section, the Privacy Policy and any applicable laws and regulation.
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4143**WHAT IS THE SERVICE**
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4345The 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.
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4547**THE LICENSE**
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47**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.
49**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.
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4951**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.
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51Along 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.
53Along 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.
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5355**USING THE SERVICE**
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5557You 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.
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5759You 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.
5961When 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.
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6163The Software may not be used in any way not expressly permitted by these Terms.
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6365**USE RESTRICTIONS**
6466
65There 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.
67There 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 (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.
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67**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.
69**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 personal 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.
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69**REGISTERING TO THE SERVICE**
71**TERMINATION OF USE OF THE SERVICE**
7072
71Use of the Service and use of some parts of the Waze's website (the "Site") require registration.
73You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise Waze of such termination. However, if you would also like us to delete your Waze account and your personal information, please use the "Delete Account" function in the Application. On receiving such a request, Waze will use reasonable efforts to delete such information, however please note we may not delete information immediately from our back-up systems.
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73If 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.
75Waze 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.
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75**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**
77To the extent possible, We will advise you of your account termination.
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77During 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.
79**USER CONTENT**
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79The 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.
81The 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.
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81Additionally, 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.
83ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS. IT IS STRICTLY FORBIDDEN TO SEND ANY CONTENT - INCLUDING TRAFFIC UPDATES (SUCH AS UPDATES ON ROAD ACCIDENTS AND TRAFFIC CONGESTION)- WHILE DRIVING. YOUR SUBMISSIONS MAY ONLY BE SENT AFTER YOU HAVE STOPPED YOUR VEHICLE IN AN APPROPRIATE LOCATION PERMITTED BY LAW. ALTERNATIVELY, CONTENT 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.
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83You 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.
85**FORBIDDEN POSTS**
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85**TERMINATION OF USE OF THE SERVICE**
87It is forbidden to submit Content of a commercial nature (including advertising), unless such posts pertain to Waze, the Service, or Waze's products and Waze has approved them in advance.
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87You 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 .
89When you submit Content to be published by the Service, you must make sure it is lawful. Among others, and for illustrational purposes only, you may not submit - any Content -
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89Waze 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:
91● diminishing or infringing proprietary rights of others, including but not limited to copyright and trade marks;
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91If during registration you have intentionally provided wrongful or erroneous information;
93● Content creating a risk to a person's safety, security or health;
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93If 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;
95● Content identifying other persons without obtaining their consent to the disclosure of their personal information, or pertaining to minors and identifying them, their personal information or their address and contact information;
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95If 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;
97● Content that is unlawful, defamatory, libelous or invades the privacy of others;
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97If you have violated these Terms;
99● that is harassing, offensive, threatening or vulgar;
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99If the sharing of information is required to satisfy an order or decree prescribed by a judicial or administrative authority;
101● that is characterized by, or that encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class;
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101If 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.
103● that encourages conduct that would be considered a criminal offense, or gives rise to civil liability or other lawsuit;
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103To the extent possible, We will advise you of your account termination.
105● that promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or under these Terms;
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105**USER CONTENT**
107● that falsely expresses or implies that such content is sponsored or endorsed by Waze.
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107The 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.
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109ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS. IT IS STRICTLY FORBIDDEN TO SEND ANY CONTENT - INCLUDING TRAFFIC UPDATES (SUCH AS UPDATES ON ROAD ACCIDENTS AND TRAFFIC CONGESTION)- WHILE DRIVING. YOUR SUBMISSIONS MAY ONLY BE SENT AFTER YOU HAVE STOPPED YOUR VEHICLE IN AN APPROPRIATE LOCATION PERMITTED BY LAW. ALTERNATIVELY, CONTENT 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.
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111**FORBIDDEN POSTS**
112
113It is forbidden to submit Content of an commercial nature (including advertising), unless such posts pertain to Waze, the Service, or Waze's products and Waze has approved them in advance.
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115When you submit Content to be published by the Service, you must make sure it is lawful. Among others, and for illustrational purposes only, you may not submit -any Content -
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117109Waze may decline to publish, or immediately delete any Content you submitted, if you have violated these Terms or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its users, Waze or any of its agents or affiliates. In such cases, Waze may also prevent you from posting additional Content on the Service. The provisions of this clause are additional to any rights afforded to Waze by any law.
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119111**RIGHTS IN CONTENT**
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121When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit Waze to publish the Content and exploit all intellectual property rights in and to the Submissions. Waze receives no ownership rights in and to the Content of your Submissions. However, by submitting User Submissions to Waze, you hereby grant Waze and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content. The license granted to Waze in and to your Submissions is not limited to personal uses, but also extends to any commercial use, at Waze's sole and absolute discretion. Other users may only use your Content for non-commercial purposes, unless otherwise permitted in advance in writing by Waze (for the purpose of which you authorize Waze to be your agent).
113When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit Waze to publish the Content and exploit all intellectual property rights in and to the Submissions. Waze receives no ownership rights in and to the Content of your Submissions. However, by submitting Submissions to Waze, you hereby grant Waze and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licenseable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content. The license granted to Waze in and to your Submissions is not limited to personal uses, but also extends to any commercial use, at Waze's sole and absolute discretion. Other users may only use your Content for non-commercial purposes, unless otherwise permitted in advance in writing by Waze (for the purpose of which you authorize Waze to be your agent).
122114
123115**EXAMINATION OF CONTENT**
124116
125117Waze may examine the Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its publication. Waze does not normally use its right to monitor Content and does so only in rare cases.
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127119Waze 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.
147139You 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;
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149141Apple 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.
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151143**Export Control**
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153You 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.
145You represent and warrant that: (i) you 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.
154146
155147**LIMITATION OF LIABILITY AND WARRANTY**
156148
157149WAZE 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.
158150
159151Additionally 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.
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161153**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.**
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163THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (TRAFFIC LIGHTS, TRAFFIC SIGNS, POLICEPERSON, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.
155THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (TRAFFIC LIGHTS, TRAFFIC SIGNS, POLICE PERSON, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.
164156
165157Waze exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Waze's computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Waze or any of its providers.
166158
167159WAZE, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
168160
169161Additionally and without derogating from the above clause, Waze will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of commercial information posted on the Service. Such information may be presented on the Service maps (such as indications for the locations of establishments, their commercial offers, etc.) or otherwise.
177169**BREACH AND INDEMNITY**
178170
179171Without derogating from any applicable law, you agree to indemnify and hold harmless Waze and its employees, officers, directors and agents, in the event you have violated these Terms or have operated unlawfully with respect to the Service. Considering that the Service is provided free-of-charge, such indemnity shall cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Waze, its employees, officers, directors or agents, including but not limited to legal expenses and attorney fees.
180172
181173**PRIVACY**
182174
183Waze respects your privacy during your use of the Software. Our updated privacy policy pertaining to the Software is readily accessible at [http://www.waze.com/legal/privacy/](http://www.waze.com/legal/privacy/) and is an integral part of these Terms. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.
175Waze respects your privacy during your use of the Software and the Service. Our updated privacy policy pertaining to the Software is readily accessible at [http://www.waze.com/legal/privacy/](http://www.waze.com/legal/privacy/) and is an integral part of these Terms. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.
184176
185177**MODIFICATIONS TO THE SERVICE AND SOFTWARE**
186178
187179Waze may, either partially or in its entirety and without being obligated to provide prior notice - modify, adapt or change the Software, the Service's features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Waze for applying such changes or for failures incidental to such changes.
188180
189181**TERMINATION OF SERVICE**
211203These 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.
212204
213205**NO LEGAL RELATIONSHIP**
214206
215207These 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.
216208
217**CONTACT US**
209 **CONTACT US**
218210
219You 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](http://www.waze.com/support)). We will make our best efforts to address your inquiry promptly.
211You 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.
220212
221Last modified: July 1, 2012
213Last modified: 20 November 2013