Terms of Service for subscription use of dBmap.net Noise Mapping Tool
This Agreement
The Terms of Service (“Agreement”) considers “Services” to refer to the use of the dBmap.net Noise Mapping Tool, the user account service and the paid subscription service for the tool. The dBmap.net Noise Mapping Tool is accessible at NoiseTools.net and owned by MAS Environmental Ltd.
Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies including the Privacy Policy.
You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades.
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
User Account
When registering an account for use of our Services, you agree to provide us with complete and accurate information and to keep the information current. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy), or we may want to let you know about and make informed choices in response to legal inquiries or complaints.
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorised uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create an account, we consider that to be consent for communication, which means that we may contact you regarding the Services and other services we offer. You can always opt out of future communication. For more information see our Privacy Policy.
Minimum Age Requirements
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).
Responsibility of Users
We cannot review all of the content posted to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:
- We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement and DMCA Policy section to submit copyright complaints), or other proprietary rights of third parties.
- If you post Content, comment on a website, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
- We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
- Please note that additional third-party terms and conditions may apply to the downloading, copying, purchase, or use of Content.
- The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Fees, Payment, Renewal and Cancellation
Subscription Fees
Subscription payment is taken in regular intervals (such as monthly or annually) on a pre-pay basis until cancelled, which can be done at any time from within the Account section of the website.
Upon payment failure we may immediately cancel or revoke the subscription. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
Automatic Renewal
Your Subscription will be renewed for the same interval of time as the original subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email sent to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed.
Cancelling
You can cancel the renewal of your subscription from within the Account section of the website while you are logged in to your user account. The subscription will continue until the end of the period that was previously paid for. After this period has concluded you will no longer have access to the features provided by the subscription until subscription payments are renewed.
Fee Changes
We may change our fees at any time. When applicable, we will give you advance notice of the fee changes with the opportunity to cancel if you do not agree to the changes.
Refunds
While you may cancel your subscription at any time, refunds are issued at our discretion, unless otherwise required by law.
General Representation and Warranty
You agree that your use of our Services:
- Will be in strict accordance with these Terms;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United Kingdom or the country in which you reside, the use of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of any third party;
- Will not disclose sensitive personal information of others;
- Will not interfere with, disrupt, or attack any service or network; and
- Will not be used to create, distribute, or enable material that is - or that facilitates or operates in conjunction with - malware, spyware, adware, or other malicious programs or code.
Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with an our products or services violates your copyright, please notify us. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
Disclaimer of Warranties
Our Services are provided “as is” and without warranty. MAS Environmental Ltd hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MAS Environmental Ltd, nor its suppliers and licensors, makes any warranty that our Services will be error-free or that access will be continuous or uninterrupted. You understand that you use, download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Indemnification
You agree to indemnify and hold harmless MAS Environmental Ltd, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services.
Updated Jan 2021
