HERE Account Terms 2020
1.Acceptance
These HERE Account Terms together with the Acceptable Use Policy (https://legal.here.com/terms/here-platform/acceptable-use-policy) and the Privacy Policy (https://legal.here.com/privacy) (collectively “Terms”) govern your use of the HERE Account and related materials (collectively the "HERE Account"). By registering for or using the HERE Account you accept the Terms.
Any use of HERE services, products or other materials that are provided through the HERE Account are subject to separate terms and fees as applicable.
The Terms constitute an agreement for Your use of the HERE Account between You and HERE Global B.V., Kennedyplein 222-226, 5611 ZT Eindhoven, Netherlands, including its affiliates and suppliers (collectively “HERE”).
2.Eligibility
"You" refers to the person or entity (or both) using the HERE Account as intended in these Terms. If you create the HERE Account and accept these Terms
on behalf of your company, organization or other entity, you must have, and you represent that you have, full legal authority to bind your company, organization or such other entity to these Terms; or
on your own behalf, you must be at least sixteen (16) years of age. If you are under sixteen (16) years of age, or at least sixteen (16) years of age but a minor where you live, you must have your parent or legal guardian accept your registration on your behalf and approve your creation of the HERE Account. Anyone completing the registration must be legally competent.
3.Registration and Use of the HERE Account
When creating a HERE Account, a valid email-address, password, and certain personal data and other information is required. The Privacy Policy governs the use of Your personal data and other information. You agree to provide truthful and complete information when You register for a HERE Account and to keep that information updated. HERE will provide You with the access credentials (unique identifiers and access codes) and you will set the password for Your HERE Account which you will manage. You ensure that all access credentials and the password are only used by You and agree to take due care in protecting them against misuse or unauthorized disclosure. The access credentials are for Your use only and You will not sell, transfer or sublicense them to any other entity or person. You shall be liable for all use and access of the HERE Account with Your access credentials and shall notify HERE of any possible or actual leak, misuse and/or loss of access credentials.
4.Termination
You may terminate the agreement based on these Terms at any time if You no longer wish to use Your HERE Account. After termination, You will no longer have access to Your HERE Account or any HERE products and/or services available through the HERE Account. HERE may terminate the agreement based on these Terms and delete Your HERE Account or restrict Your access if HERE reasonably believes that (i) You have breached the Terms, (ii) there is a security threat, (iii) there is any misuse of the access credentials or any HERE products or services that are accessed through your HERE Account, or (iii) with prior notice if you have not signed in the HERE Account in the past six (6) months.
5.Changes to Terms
HERE may modify the Terms at any time without prior notice. You are responsible for regularly reviewing the Terms. HERE may post notices to You of any material, adverse changes to these Terms through Your HERE Account and/or to the email. You are deemed to have received such notices at the latest within seven (7) days from HERE sending or posting those. Your continued use of the HERE Account constitutes Your approval of the changed Terms.
6.Availability
The HERE Account may not be accessible from all countries and may be provided only in selected languages. The HERE Account may not be available during maintenance breaks and operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported. HERE may, in its sole discretion, change, correct or discontinue the HERE Account in whole or in part.
7.Intellectual Property
HERE retains all intellectual property and other rights, title and interest in the HERE Account and in all other HERE products, content, software and other properties possibly provided to you or used by you through the HERE Account.
8.Warranty and Limitation of Liability
The HERE Account is provided on “AS IS” and “AS AVAILABLE” basis. HERE does not warrant that the HERE Account is available or accessible at all times or without any interruptions or errors. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the HERE Account. You expressly agree and acknowledge that the use of the HERE Account is at your sole risk.
HERE is not liable for any direct damages caused by your use or inability to access Your HERE Account except for damages caused by HERE’s gross negligence or intentional misconduct. In no case will HERE be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the HERE Account.
9.Choice of Law and Venue
Unless otherwise required by applicable legislation or otherwise agreed in the agreement concerning the use of the product and/or service in question in a separate agreement, the Terms are governed by the laws of the Netherlands without regard to its conflicts of law provisions. Any dispute related to the Terms shall be submitted to the competent court in Amsterdam, the Netherlands.
10.Validity
If a provision of the Terms is found to be invalid, the remaining provisions will not be affected and the invalid provision will be replaced with a valid provision that comes closest to the result and purpose of the Terms. The provisions of Sections 7, 8, 9 and 10 shall survive termination of the agreement based on these Terms.
11.Assignment
HERE may assign its rights and obligations under these Terms to its corporate parent, its subsidiaries, or to any company under common control with HERE. Additionally, HERE may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
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