Definitions of all terms MARKED IN THIS WAY can be found in section 1.2.
(1) These T&Cs govern the rights and obligations of the OPERATOR and MAPZ-USERS with regard to the use of MAPZ.
(2) These T&Cs represent a legally binding framework for all services provided by, and agreements with, MAPZ, which can be used intuitively online by MAPZ-USERS (this applies in particular to the acquisition of rights of use for MAP MATERIAL accessed via the integrated download portal/shop system). Services and products listed on MAPZ that require individual preparation by employees of the OPERATOR are not covered by these T&Cs (for example the “Portfolio” product or rights of use for the API). They are subject to individual agreements as defined in an offer or order confirmation following clarification of the customer’s requirements.
(3) The paid offering of the OPERATOR is exclusively aimed at entrepreneurs pursuant to §14 German Civil Code (Bürgerliches Gesetzbuch – BGB), meaning all natural or legal persons or partnerships capable of entering into legal transactions in the scope of their independent business or COMMERCIAL activities. Consumers, meaning natural persons that primarily enter into legal transactions for purposes that do not relate to their COMMERCIAL or independent business activities, may not use the OPERATOR's paid services. The OPERATOR reserves the right to examine the entrepreneurial status of the CUSTOMER when the CUSTOMER registers for the first time.
(4) Conditions on the part of the MAPZ-USER that are contrary to, or diverge from, the T&Cs are not recognized. Such conditions are hereby explicitly rejected by the OPERATOR .
(5) The OPERATOR may change the functionality or content of the products offered (for example as a result of updates or modifications) insofar as they do not thereby limit the respective content or rights of the CUSTOMER as laid out in the service descriptions for free or paid use.
The following definitions apply to these T&Cs :
T&Cs is short for general terms and conditions.
OPERATOR is Kober-Kümmerly+Frey Media AG, for more information see the legal information.
MAPZ refers to the online services offered at www.mapz.com or www.mapz.de, which allow city, regional and country maps to be viewed or downloaded to computers and other compatible devices in a variety of file formats, or integrated into MAP USERS’ media offerings. MAPZ's primary commercial aim is the sale of rights of use for a fee. Free offerings are sales supporting measures and are primarily offered for marketing and image purposes.
MAPZ USER is anyone that uses MAPZ (for example uses the map editor) or otherwise acquires content from MAPZ (meaning they download data or, for example, create screen shots for purposes other than viewing).
A CUSTOMER is a MAPZ USER who has registered on MAPZ by entering personal login details.
MAP USER is anyone who uses maps acquired by a MAPZ USER . MAP USERS are not necessarily MAPZ USER or CUSTOMERS .
THIRD PARTIES are parties unknown to the OPERATOR that are not themselves MAPZ USERS, CUSTOMERS or MAP USERS with regard to the rights of use for a specific map. They can be PRIVATE or COMMERCIAL parties.
ACCOUNT refers to the customer account, which the CUSTOMER can use to edit elements of their personal or company data, change individual settings or see maps they have prepared or downloaded.
REGISTRATION DATA is all individual or company data that a CUSTOMER provides about themselves or the MAP USER during the registration process.
MAP MATERIAL includes all cartographic data offered by MAPZ (e.g. city, regional and country maps, and orthophotos).
COMMERCIAL CUSTOMERS are those acting for entrepreneurial reasons in the broadest sense (an entrepreneur is a natural or legal person or partnership capable of entering into legal transactions in the scope of their independent business or COMMERCIAL activities, including freelancers).
PRIVATE CUSTOMERS are consumers without COMMERCIAL motivations. A consumer is any natural person that enters into a legal transaction for purposes that cannot be primarily attributed to their independent business or COMMERCIAL activities.
The word ANYONE is to be understood in its broadest sense, and therefore includes all PRIVATE and COMMERCIAL MAPZ USERS.
API stands for “Application Programming Interface”. The API allows the integration of MAPZ content or functions into third party applications by means of programming.
DISPOSABLE E-MAIL ADDRESSES are used to disguise normal email addresses. They are provided temporarily for provisional purposes by a variety of providers, such as www.trash-mail.com, www.wegwerfemail.de or www.spoofmail.de.
Although MAPZ's offering is primarily aimed at CUSTOMERS who pay for the services offered, the division of these T&Cs into two user groups is sensible for reasons of clarity:
ANYONE may use our free services. Sections 1. General and 4. Final provisions, and the conditions in section 2 apply.
The OPERATOR provides paid services exclusively to COMMERCIAL CUSTOMERS . Sections 1. General and 4. Final Provisions and the conditions from section 3 apply.
This section does not apply to CUSTOMERS that exclusively use paid services.
MAPZ offers MAP MATERIAL in a variety of styles that ANYONE may
(1) MAPZ constitutes a binding offer for the acquisition of rights of use.
(2) Registration for a user account using a valid email address and a password chosen by the user is required to use MAPZ functions beyond the simple map viewer.
(3) Following registration, the CUSTOMER will receive an email from the OPERATOR for security purposes – to prove that the individual creating the account is the owner of the corresponding email address.
(4) The MAPZ USER successfully completes the registration process by clicking the confirmation link in the security email. The registration must be completed within seven days of the date when the security email is sent. After that time, a new registration by the CUSTOMER is required.
(5) A contract is only concluded between the OPERATOR and the CUSTOMER if the CUSTOMER clicks the “Download map” button after selecting free MAP MATERIAL according to the description of services in this section.
By clicking the “Download map” button, the CUSTOMER agrees
(6) In the case of free downloads, no further personal REGISTRATION INFORMATION is required. Before each download, or after clicking “Download map”, the CUSTOMER is shown the prepared map and offered a choice of free or paid download. Insofar as the CUSTOMER selects paid MAP MATERIAL , the conditions in section 3 of these T&Cs apply accordingly.
According to §13 German Copyright Act (Urheberrechtsgesetz), the source must be cited every time a map is used. We therefore require that every map used online includes a link to MAPZ , and that prints and print products include a copyright notice as shown at the bottom right of maps downloaded as pixel files (if such maps are not cropped and are shown in full, then such a copyright notice is automatically included in the correct form). The copyright notice only has to be added subsequently in cases where it becomes illegible or when vector files are downloaded. The correct copyright notices are as follows:
The following rights of use granted to the CUSTOMER are subject to the condition that the copyright holder is fully and correctly credited as described in this section. The removal or omission of the copyright-holder credit as described above leads to a loss of the right of use and, therefore, to illegitimate use of the OPERATOR's MAP MATERIAL.
(1) When a MAP USER downloads MAP MATERIAL they are simultaneously granted the following rights of use:
The OPERATOR grants the MAP USER a permanent and geographically unrestricted, non-exclusive right to distribute, reproduce, and make publicly available, to edit and exhibit the MAP MATERIAL exclusively for the following types of use:
(2) The maximum print run specified for print works may be used in partial runs by each respective MAP USER. The transfer of partial runs to several MAP USERS is not permitted.
(3) The MAP USER may transmit or make available the MAP MATERIAL to THIRD PARTIES, in physical or non-physical form, for the purposes of required further processing (e.g. to their printers or website operator), insofar as the THIRD PARTIES commits to observe these T&Cs . The THIRD PARTIES is not, thereby, granted the right to use, edit or reproduce the MAP MATERIAL for their own purposes.
(4) The content of the MAP MATERIAL may be supplemented, reduced, recolored and otherwise amended and adapted by the MAP USER , insofar as the type of use meets the requirements described above.
This section does not apply to CUSTOMERS that exclusively use free services.
Paid use is exclusively aimed at COMMERCIAL CUSTOMERS that wish to interactively acquire rights of use to MAP MATERIAL for a fee.
Beyond free use, MAPZ offers MAP MATERIAL in different styles that COMMERCIAL CUSTOMERS may
ANYONE can view or download low-resolution layout files of the required map sections to their computer free of charge before a paid download.
Depending on the respective data provider and map style, not all map types are available in vector PDF format or up to the largest paper size.
Assuming a prior paid download, the OPERATOR offers CUSTOMERS the option to add an interactive version of the respective map to their website using an embed code. The integration of the embed code into the online offering of the MAP USER is the responsibility of the MAP USER. Embedding is a no-obligation, non-binding additional service, and there is no legal right to permanent provision. In particular, the OPERATOR explicitly reserves the right to discontinue this free additional service at any time in the future without providing reasons or separately notifying the CUSTOMER , or to temporarily or permanently deactivate specific maps. In case MAPZ becomes temporarily unavailable, the OPERATOR recommends that MAP USERS add a static map in JGP format as a backup for all interactive maps, thereby ensuring that users are still shown a map if the interactive version is temporarily unavailable.
MAPZ offers products that require individual preparation. They are aimed at MAPZ USERS
The conditions in the offers, order confirmations or individual contracts of the OPERATOR apply to all such services and products.
(1) MAPZ constitutes a binding offer for the acquisition of rights of use.
(2) Registration for a user account using a valid email address and a password chosen by the user is required to use MAPZ functions beyond the simple map viewer.
(3) Following registration, the CUSTOMER will receive an email from the OPERATOR for security purposes – to prove that the individual creating the ACCOUNT is the owner of the corresponding email address, and therefore the contractual party.
(4) The MAPZ USER successfully completes the registration process by clicking the confirmation link in the security email. The registration must be completed within seven days of the date when the security email is sent. After that time, a new registration by the CUSTOMER is required.
(5) A contract is only concluded between the OPERATOR and the CUSTOMER if the customer clicks the “Buy now” button after selecting the paid MAP MATERIAL according to the description of services in this section following entry or confirmation of the invoice data, after choosing a payment method and after confirming acceptance of these T&Cs. After the payment process is completed the MAP MATERIAL will be provided to the CUSTOMER or immediate download, exclusively in electronic form. No physical media will be sent.
By concluding a contract, the CUSTOMER agrees
(6) Before each download or after clicking “Download map” the CUSTOMER is shown the prepared map and offered a choice of free or paid download. Further personal REGISTRATION INFORMATION about the recipient of the invoice and, where different, the user of the MAP MATERIAL is not requested until a paid map is downloaded. Both the recipient of the invoice and, where different, the MAP USER must be named and a full address provided. Even if the CUSTOMER names another MAP USER, the purchase contract is concluded exclusively between the OPERATOR and the CUSTOMER . The MAP USER does not become the buyer of the product, in particular, by downloading content, but instead simply has a right of use.
(7) The CUSTOMER may correct the contractual declaration made prior to the use of paid MAP MATERIAL at any time before submission by clicking the “Back” button in the browser or by clicking the “Back to interactive map” button. Once the contractual declaration has been submitted, the selected MAP MATERIAL, the invoice address and/or details regarding the MAP USER can no longer be corrected.
(8) The contractual conditions including the T&Cs are sent to the CUSTOMER in text form, as an attachment to the invoice, after each paid download, so that they can be saved or printed. The respective contract text is also retained by the OPERATOR or a period of ten years after the conclusion of the contract to comply with tax and commercial regulations.
The use of MAP MATERIAL except pixel files with a resolution of 100 dpi is subject to charge. The OPERATOR can offer high-volume users flat-rate and volume tariffs on request, independently of the MAPZ shop system.
(1) Our tariffs for the acquisition of rights of use for individual orders are based on data quality and the respective image format.
(2) Unless otherwise explicitly stated, all prices are net and in euros, and exclude VAT at the respective statutory rate. A PDF invoice is automatically generated by our online system for each download.
(3) The CUSTOMER has the following payment options:
In the case of payment on account, the payment amount shown must be paid to the OPERATOR within seven days of the purchase. In the case of payment via PayPal, the PayPal account will be debited immediately when the purchase is made.
If the CUSTOMER makes a late payment, then the OPERATOR may apply the statutory rate of interest for late payments. In case of late payment, the CUSTOMER does not have the right to use the MAP MATERIAL until the payment has been unequivocally received by the OPERATOR. Section 3.6 applies accordingly in such cases.
According to §13 German Copyright Act (Urheberrechtsgesetz), the source must be cited every time a map is used. We therefore require that every map used online includes a link to MAPZ , and that prints and print products include a copyright notice as shown at the bottom right of maps downloaded as pixel files (if such maps are not cropped and are shown in full, then such a copyright notice is automatically included in the correct form). The copyright notice only has to be added subsequently in cases where it becomes illegible or when vector files are downloaded. The correct copyright notices are as follows:
The following rights of use granted to the CUSTOMER are subject to the condition that the copyright holder is fully and correctly credited as described in this section. The removal or omission of the copyright-holder credit as described above leads to a loss of the right of use and, therefore, to illegitimate use of the OPERATOR's MAP MATERIAL.
(1) Subject to full and timely payment of the fees required for use of the paid MAP MATERIAL, when they download map material the MAP USER receives the following rights of use:
The OPERATOR grants the MAP USER of paid MAP MATERIAL a permanent and geographically unrestricted, non-exclusive right to distribute, reproduce, and make publicly available, to edit and exhibit the MAP MATERIAL exclusively for the following types of use:
(2) The maximum print run specified for print works may be used in partial runs by each respective MAP USER. The transfer of partial runs to several MAP USERS is not permitted.
(3) The MAP USER may transmit or make available the MAP MATERIAL to THIRD PARTIES, in physical or non-physical form, for the purposes of required further processing (e.g. to their printers or website operator), insofar as the THIRD PARTIES commit to observe these T&Cs.
(4) The right of use is only granted to the respective registered MAP USER. Sub-licensing is not permitted. If the CUSTOMER wishes to license the MAP MATERIAL for use by another MAP USER the appropriate REGISTRATION INFORMATION for the MAP USER should be entered in the “Map user, if different” section during the order process. The right of use for the map is then exclusively granted to the MAP USER named therein and is not granted to the CUSTOMER. The CUSTOMER is obliged to send a copy of the license to the MAP USER, so that they can prove the origin and transfer of the right of use.
(5) The content of the MAP MATERIAL may be supplemented, reduced, recolored and otherwise amended and adapted by the MAP USER, insofar as the type of use meets the requirements described above.
(6) Rights of use transferred to the MAP USER according to this section are subject to the full and timely payment of the fees required for use of the map. If the CUSTOMER does not pay the fees for use in a timely manner, or if a payment made by the CUSTOMER is rejected for reasons beyond the control of the OPERATOR, then the right to use the MAP MATERIAL lapses without further legal action. In such cases the MAP USER may not use the MAP MATERIAL.
(1) Free test files for the assessment of the quality and structure of the MAP MATERIAL (not least vector files) are available in section Map design and demo files. Please note that downloads of demo files do not include rights of use according to section 3.6.
(2) The number of downloads in the period determined in section 4.4 is not limited.
(3) According to § 53 German Act on Copyright and Related Rights (Urheberrechtsgesetz – UrhG) MAPZ USER and CUSTOMERS have the right to make private copies on other media for personal use.
The OPERATOR remains the owner of the MAP MATERIAL, even after the transfer of rights of use to the MAP USER. The granting of rights of use does not affect ownership of the MAP MATERIAL. MAP USER does not receive any rights to the MAP MATERIAL beyond the right of use including, in particular, property rights, copyright or other commercial rights. The data from the OpenStreetMap project, on which the maps are based, continues to be subject to the ODbL license after the transfer of the right to use the map image by the OPERATOR and, depending on the type of map, may also be subject to further commercial rights of THIRD PARTIES.
(1) The MAPZ USER must provide all information fully and truthfully. The use of DISPOSIBLE E-MAIL ADDRESSES is not permitted and will result in the suspension of the ACCOUNT.
(2) The MAPZ USER's password must not include sequential numbers or letters or be easy to determine for other reasons. The MAPZ USER must change their password regularly. The MAPZ USER is responsible for controlling access to their ACCOUNT and the secrecy of their login details. If a MAPZ USER's login details are used by a THIRD PARTIES because the MAPZ USER has failed to keep them safe, then the MAPZ USER is also liable for MAP MATERIAL ordered via their account by THIRD PARTIES.
(3) The CUSTOMER is responsible for creating and maintaining conditions that allow them to use MAPZ (e.g. with regard to the use of an up-to-date browser). Information on that subject is, among other things, available from the OPERATOR's FAQ.
(4) The MAPZ USER may not use MAPZ beyond the framework conditions laid out in these T&Cs, allow THIRD PARTIES to use MAPZ in such a way or make MAPZ available to THIRD PARTIES. The transfer of an ACCOUNTS to a THIRD PARTY is not permitted.
Statutory warranty rights apply to all the download content offered.
If the CUSTOMER is an entrepreneur, and therefore a COMMERCIAL CUSTOMER, the following also applies.
(1) In the case of a defect in the supplied content, the OPERATOR may choose to correct the defect by supplying new MAP MATERIAL or by correcting the defect. If the OPERATOR offers the CUSTOMER new MAP MATERIAL in which the identified defect is no longer present, then the defect is considered corrected even if the new MAP MATERIAL has slight cosmetic differences to the original version, and if those differences are tolerable for the CUSTOMER.
(2) Clear defects must be reported to the OPERATOR in writing within a period of five working days from display of the download link. Otherwise warranty claims for such defects are excluded. Timely sending is sufficient to comply with this deadline. The full burden of proof for all prerequisites for claims, particularly for the defect itself, the point in time when the defect was identified and the timely claim, lies with the COMMERCIAL CUSTOMER.
(3) The statute of limitations for warranty claims is one year from the date when the download link was displayed to the CUSTOMER. Any claims for damages for injury to life, body or health resulting from intentional or gross negligence on the part of the OPERATOR , their legal representatives or agents, and claims for other damages due to intentional or gross negligence on the part of the OPERATOR, their legal representatives or agents are not affected.
Warranty claims are fundamentally limited to the subsequent fulfilment of the defective service as such and do not extend to compensation for consequential losses resulting from such defects.
(1) The MAP MATERIAL is delivered “as is”. Liability for errors is not accepted. The OPERATOR does not provide any guarantees with regard to the accuracy, currentness or completeness of the elements shown on the map unless the OPERATOR is intentionally or grossly negligent in this regard.
(2) MAPZ USERS and CUSTOMERS are responsible for examining the MAP MATERIAL to determine its suitability for the respective use.
(3) The OPERATOR does not accept any liability for direct or indirect losses, or any consequential losses resulting from the inaccuracy, incompleteness or insufficient currentness of the map content.
(4) The OPERATOR has implemented all the security measures to prevent server outages that are customary in the industry and, in the past, was able to maintain the availability of MAPZ at a high level. However, attacks on the OPERATOR's system by THIRD PARTIES, the failure of hardware components, faults in telecommunication services or acts of god, and the associated outages and unplannable maintenance work, cannot be excluded. The OPERATOR therefore cannot guarantee the permanent availability of the services offered and excludes any liability for losses resulting from the unavailability of the services.
(5) The OPERATOR also has unlimited liability according to the statutory regulations for injury to life, body or health resulting from intentional or gross negligence on the part of the OPERATOR, their legal representatives or agents, and for damages covered by the German Product Liability Act (Produkthaftungsgesetz). The OPERATOR is liable for damages not covered by sentence 1 that result from intentional or grossly negligent breach of contract and fraudulent intent on the part of the OPERATOR, their legal representatives or agents according to the statutory regulations. The OPERATOR is only liable for damages resulting from the absence of a guaranteed quality but not directly relating to the MAP MATERIAL if the risk of such damages is evidently covered by the quality guarantee. The OPERATOR is also liable for damages caused by simple negligence insofar as the resulting losses result from infringement of rights granted to the CUSTOMER according to the content and purpose of the contract and/or the infringement of rights that must be fulfilled to make the proper execution of the contract possible, and on which the contractual party can reasonably rely and expect to rely (“cardinal duties”). Further liability is excluded without regard to the legal nature of the claim exerted.
(1) If the CUSTOMER is an entrepreneur, and therefore a COMMERCIAL CUSTOMER, and the order is made on account, the OPERATOR retains their title to the digital content until all liabilities from the current business relationship have been settled.
(2) The CUSTOMER is obliged to immediately notify the OPERATOR of any access to the digital content by THIRD PARTIES, for example in the case of seizure. The provision of the download link to THIRD PARTIES requires the registration of the respective MAP USER during the order process.
(3) The OPERATOR may rescind the contract and suspend the download link in case of breach of contract by the CUSTOMER, particularly with regard to payments or the failure to issue notifications according to this section during retention of title.
(4) The CUSTOMER has the right to resell digital content in the ordinary course of business assuming they have informed the OPERATOR of the actual MAP USER and provided the license conditions from the contract concluded with the OPERATOR to the actual MAP USER . In such cases, the CUSTOMER hereby assigns all receivables up to the invoiced amount from resale to THIRD PARTIES to the OPERATOR. The OPERATOR hereby accepts that assignment. Following the assignment, the CUSTOMER has the right to collect the receivable. However, the OPERATOR reserves the right to collect the receivable as soon as the CUSTOMER fails to meet their payment obligations and is in default.
The OPERATOR saves the CUSTOMERS's order(s) and details of the contract concluded (e.g. type of product, price etc.) in accordance with German data protection law. Our data protection notice is available here. MAPZ USERS can access both the respective download history and the downloaded file via the customer login screen (My maps) for at least 60 days from the date of the download.
The contract language for CUSTOMERS who register in German is German. For CUSTOMERS who register in English, the contract language is English.
(1) The place of jurisdiction for all disputes arising from this contract is Cologne, Germany.
(2) Insofar as the CUSTOMER is a businessperson, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes relating to MAPZ is Cologne, Germany. Cologne, Germany is also the exclusive place of jurisdiction if the MAPZ USER or CUSTOMER does not have a general place of jurisdiction in Germany.
(3) The laws of the Federal Republic of Germany apply exclusively. Insofar as no mandatory provisions in the law of the country in which the CUSTOMER, who is a consumer, is normally resident revokes the protection granted, the conditions of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (also Vienna Convention) do not apply.
Online dispute resolution according to Art. 14 Para. 1 EU Directive on Alternative and Online Dispute Resolution (ADR/ODR): The European Commission provides a platform for online dispute resolution (ODR), which MAPZ USERS can access at »Online Dispute Resolution (ADR/ODR)«.
If individual conditions in these T&Cs are, or become, ineffective, the validity of the other conditions is not affected.
As at: 28 March 2019, 12:00 am. These regulations replace all previous versions.
