GENERAL TERMS AND CONDITIONS FOR PROVIDING
“VIAMICHELIN Maps & Drive API” SERVICES
The purpose of these general terms and conditions is to set forth the procedures for using ViaMichelin Maps & Drive API services provided by ViaMichelin.
ViaMichelin is a simplified French corporation (“société par actions simplifiée”) with stated capital of € 63,049,155, registered with the Nanterre Trade and Companies Registry under number 433 677 721, whose principal office is located at 110 Avenue Victor Hugo, 92514 Boulogne-Billancourt Cedex, France.
By checking the box “I have read and accept the general terms and conditions
for providing ViaMichelin Maps & Drive API Services”, Client acknowledges
that it has read and accepts, without qualification, these general terms and
conditions and affirms that it will use ViaMichelin Maps & Drive API Services
in accordance with the provisions of said terms and conditions and applicable
law.
1 DEFINITIONS
The following terms and expressions, whether singular or plural, have the indicated meanings.
“Party” or “Parties”: means, depending on the context, ViaMichelin and/or Client.
« Client »: means any natural person or legal entity that adds ViaMichelin Maps & Drive API Services to its Internet Site.
« Internet Site » : means Client’s Internet Site.
“Services” or “ViaMichelin Maps & Drive API Services”: means the map display, route calculation and geolocation services provided by ViaMichelin. ViaMichelin Maps & Drive API Services functions are described on the ViaMichelin Developer Network Site.
“API (Application Programming Interface)”: means the ViaMichelin javascript interface that allows ViaMichelin Maps & Drive API Service maps and routes to be placed directly on Client’s Internet Site.
“Identification Key”: means the identifier provided by ViaMichelin to Client to allow it to add ViaMichelin Maps & Drive API Services to its Internet Site.
“User”: means an internet user who uses ViaMichelin Maps & Drive API Services via Client’s Site.
“Request”: means a request sent from the Web browser of Client’s Site User to ViaMichelin’s servers.
“Results Page”: means a Web page that displays ViaMichelin content in response to a Request by a Client Site User.
“ViaMichelin Content”: means ViaMichelin content such as maps, routes, geographic coordinates (x,y), photos, video, points of interest such as tourist sites, hotels, weather and other ViaMichelin data.
“ViaMichelin Developer Network Site”: means the
ViaMichelin Internet Site accessible at the URL http://dev.viamichelin.com.
The ViaMichelin Developer Network Site describes, inter alia, Service functions
and allows Client to register to obtain an Identification Key to add the Services
to its Internet Site.
2 PURPOSE
The purpose of these general terms and conditions is to set forth the terms and conditions pursuant to which ViaMichelin will provide ViaMichelin Maps & Drive API Services to Client on a non-exclusive, revocable and no-cost basis.
ViaMichelin Maps & Drive API Services allow Client Internet Site Users
to:
- see digital maps,
- calculate routes to or from an address,
- geocode an address, i.e., obtain the geographic coordinates (x,y) to find
a location on ViaMichelin maps and route guides,
- confirm an address,
- search for hotels in the area,
- convert any address to "ViaMichelin navigation” GPS format, and
- access weather services.
Service functions are listed on the ViaMichelin Developer Network Site.
3 OPERATING PROCEDURES FOR VIAMICHELIN MAPS & DRIVE API SERVICES
3.1 Accessing Services
Use of ViaMichelin Maps & Drive API Services requires an Identification Key. To obtain an Identification Key, Client must go to the ViaMichelin Developer Network Site and fill out a questionnaire with its identity, contact information and Internet Site domain name.
Client warrants that all information provided for its registration is true and complete.
Client shall be solely liable for use of the Services using its account and for keeping the Identification Key received upon registration confidential.
3.2 Description of Service Functions
Once an Identification Key has been obtained, Client may add codes to the pages of its Internet Site to call the Services in order to have its Internet Site interface with the Services and allow Users of its Internet Site to access said Services.
To access the Services, the User makes a Request from Client’s Internet Site. The User Request is sent directly to ViaMichelin’s servers from the User’s Web browser. In response to a Request, ViaMichelin sends a Results Page drawn from ViaMichelin Content to the space provided for that purpose on Client’s Internet Site.
3.3 Authorized Internet Sites
The Services are exclusively designed for Clients whose Internet Site does not fall within a category of prohibited sites such as:
- harmful, defamatory, racist, xenophobic or Holocaust-denial sites or sites that attack the honor or reputation of others, that incite discrimination or hatred towards a person or group of persons based on their origin, whether or not they belong to an actual or alleged ethnic group, nation, race or religion,
- erotic, pornographic or pedophilic sites,
- sites that incite the commitment of a crime, terrorist act or explain away war crimes or crimes against humanity,
- sites that incite and/or promote the consumption of alcohol and/or tobacco,
- sites that allow third parties to directly or indirectly obtain pirated programs, program serial numbers, programs that allow acts of piracy and intrusion into IT and telecommunication systems, viruses and other logical bombs and any tool, program or other item that allow infringement on the rights of others or that adversely affect the safety of persons and property,
- betting sites and on-line casinos, and
- in general, any site the content of which adversely affects public order and good morals that might violate legal or regulatory provisions or harm ViaMichelin’s image.
3.4 Updates –Service Modifications
ViaMichelin is authorized at its sole discretion and at any time to update and modify the functionality and the geographic coverage of ViaMichelin Maps & Drive API Services.
ViaMichelin shall inform Client of any major updates or modification of the Services. Client must use the new version of the Services within one month after said notice. ViaMichelin is not required to maintain prior versions of the Services.
4 RESTRICTIONS ON THE USE OF VIAMICHELIN MAPS & DRIVE API SERVICES BY CLIENT
4.1 Limitation on the Number of Requests
Client hereby agrees to not exceed a maximum number of Requests set at:
- 10,000 Requests in a 24-hour period from midnight to midnight for Requests
to view maps and/or search for hotels,
- 1,000 Requests in a 24-hour period from midnight to midnight for Requests
to calculate routes and/or for geocoding.
If this number of Requests is exceeded, ViaMichelin reserves the right to suspend access to Maps & Drive API Services by users of Client’s Site until the expiration of the 24-hour period during which said limits were exceeded.
ViaMichelin reserves the right of change the number of authorized Requests at any time, without notifying Client in advance.
4.2 Respecting the Integrity of ViaMichelin Content
Client hereby agrees not to extract, store, copy, archive or print the ViaMichelin Content and the Results Pages, including portions of said Content.
In particular, Client shall be prohibited from storing and/or archiving of geographic coordinates (x,y) provided by the geocoding function of the Services. The geographic coordinates obtained by Client may only be used temporarily for the duration of the User session to locate the corresponding address on a ViaMichelin map and/or route guide and for no other purpose.
In any event, Client shall be prohibited from creating or developing a data
base using ViaMichelin Content and Results Pages, including portions of said
Content.
Client hereby agrees to respect the integrity of ViaMichelin Content and not
use the Services in such a way as to alter or modify said Content in whole or
in part.
Client hereby agrees to display and not infringe on, modify and/or remove the copyright notices and statements of ViaMichelin and its providers that may appear on the ViaMichelin Results Pages.
4.3 Non-Commercial Use - Respecting the Integrity of the Services
Client hereby agrees not to use the route calculation, geocoding and hotel search
functions with maps other than those provided by ViaMichelin Maps & Drive
API Services.
Client hereby agrees not to use the Services in a manner that might adversely
affect their performance, accessibility and their availability.
Client hereby acknowledges that it must use the Services in accordance with laws and regulations in force. Client hereby agrees not to use the Services to receive or transfer illegal, defamatory or infringing information or content.
Client hereby agrees not to reverse engineer, decompile, or disassemble the Services, except within the limits authorized by law and in according with ViaMichelin intellectual property rights.
4.4 User Information
Client hereby warrants respect to ViaMichelin that it will take all steps necessary to ensure that Users comply with the use restrictions of the Services set forth below.
Client hereby agrees to state on its Internet Site that in no event may the
Results Pages be:
- reproduced, copied, printed, published, distributed and/or transferred for
purposes other than the internal or personal purposes of the Users, and not
for any commercial and/or promotional use;
- downloaded and/or stored by Users; or
- downloaded and reused in whole or in part by Users, in particular, to create
and/or develop a data base using ViaMichelin Content.
Client hereby also agrees to inform Users that they may in no event:
- use the Services in a manner that might adversely effect their performance,
accessibility or availability;
- use the Services to receive or transfer illegal, defamatory or infringing
information and content; or
- reverse engineer, decompile, or disassemble the Services, except within the
limits authorized by law and in according with ViaMichelin intellectual property
rights.
5 TERM – CONSEQUENCES OF SERVICE TERMINATION
5.1 Term
The Services are provided to the Client for an indefinite term from the date Client registered on the ViaMichelin Developer Network Site.
Client may terminate this agreement at any time, without notice and without formality, for any reason whatsoever.
Without prejudice to the provisions of Article 6 below, ViaMichelin may terminate this agreement by ceasing to provide the Services, at any time, for any reason whatsoever, provided that it so informs Client by e-mail 15 (fifteen) business days in advance.
5.2 Consequences of Ceasing to Provide the Services
If ViaMichelin ceases to provide the Services, for any reason whatsoever, Client hereby agrees to remove the codes to call the Services from the pages of its Site Internet, cease any use of its Identification Key and destroy all copies thereof.
6 SUSPENSION – TERMINATION FOR BREACH
If Client breaches any of its obligations set forth herein, in particular,
those stated in Articles 3 and 4 above, ViaMichelin reserves the right, without
notice or prior information, to:
- suspend providing the Services, thereby blocking access to the Services by
Users of Client’s Internet Site, or
- terminate this agreement and cease providing the Services, without prejudice
to ViaMichelin’s right to claim damages from Client.
7 ADVERTISING
ViaMichelin reserves the right to include and display, at any time, any form of advertising or advertising content in ViaMichelin Maps & Drive API Services Content, in particular, on maps and routes.
ViaMichelin hereby agrees to inform Client of the addition of advertising to ViaMichelin Content, by e-mail at the electronic address indicated by Client 45 (forty-five) days in advance. If Client rejects the addition of advertising, Client may terminate this agreement by terminating its registration for the Services in accordance with the provisions of Article 5 above.
8 TRADEMARKS
The Services are made available to Client under the ViaMichelin trademark.
No right is granted by ViaMichelin to Client based on the use of the trademarks, logos and/or other distinctive symbols of ViaMichelin. Any reproduction and/or representation by Client of the trademarks, logo and/or other distinctive symbols of ViaMichelin is strictly prohibited.
9 DOMAIN NAME
Client warrants that it holds all property and/or use rights to the domain name that it indicated on the Services registration form.
Client is solely liable for the use of this domain name and warrants ViaMichelin against any consequences, claims and/or proceedings related to the unauthorized or infringing use of the aforementioned domain name in violation of the provisions hereof.
10 INTELLECTUAL PROPERTY
ViaMichelin holds all intellectual property and/or license rights to any whatsoever of the items used in the ViaMichelin Maps & Drive API Services, such as the ViaMichelin Content, trademarks and logos, API, maps, routes, programs, images, photographs, animation, video, geographic coordinates (x,y) provided and/or changed by ViaMichelin.
In the event of infringement on ViaMichelin Maps & Drive API Services and/or
the ViaMichelin Content, Client hereby agrees to immediately so inform ViaMichelin.
Client hereby agrees to allow ViaMichelin to defend its rights to terminate
such acts of infringement and receive any damages that may be awarded to it,
provided that ViaMichelin bears all costs of defending its interests.
11 WARRANTY LIMITATION
ViaMichelin Maps & Drive API Services are provided “as is”, without any warranty of any type, express, implied or legal. In particular, no implied warranty of the availability or accessibility of the Services or any warranty of reliability, accuracy or completeness of the Results Pages and/or ViaMichelin Content is provided.
Further, ViaMichelin Maps & Drive API Services are “standard” services designed and offered as general-use services and are not designed to meet Client’s individual requirements.
As a result, there is no warranty of adequacy, suitability, compatibility or operation of the Services with Client’s applications and Internet Site, or any warranty as to the suitability of the Services for a specific use.
12 LIABILITY AND RESPONSIBILITY
ViaMichelin may not be held liable for direct, indirect, incidental or consequential damage, foreseeable or unforeseeable, caused to Client, in particular, but not limited to, loss of income or profit, loss of business, loss of data, loss of equipment, including recovery, reproduction and repair costs from such losses, or due to the use and/or inability to use ViaMichelin Maps & Drive API Services and ViaMichelin Content.
Client discharges ViaMichelin from any liability and warrants it against all financial consequences of any action and/or proceeding brought by Users or any other third party, directly or indirectly related to the unauthorized use of ViaMichelin Maps & Drive API Services in violation of the provisions hereof.
13 PROTECTION OF PERSONAL DATA
If Client makes personal data available to ViaMichelin to provide the Services Maps & Drive API, Client warrants that it has collected and processed said personal data in accordance with French Law No. 78-17 of January 6, 1978, called “Data Processing and Civil Liberties”, as amended by French Law No.°2004-801 of August 6, 2004.
14 MISCELLANEOUS
14.1 References
Client may not refer to ViaMichelin Services Maps & Drive API in its commercial documentation, press releases and/or in any other outside document without ViaMichelin’s prior, written authorization.
14.2 Severability
If any whatsoever of the provisions of these general terms and conditions is ineffective, null, void or without purpose, the remaining provisions of the general terms and conditions shall remain unchanged and continue to apply as if the provisions that are ineffective, null, void or without purpose do not appear in these general terms and conditions.
14.3 Mutual Independence of the Parties
The Parties hereby affirm that they are and shall remain throughout the term of the offer, independent commercial and professional partners, with each assuming its own operating risks.
No provision hereof may be interpreted as granting to Client the capacity of representative or agent of ViaMichelin, for any purpose whatsoever. ViaMichelin shall incur no liability with regarding the proposals, warranties or agreements concluded by Client with Users.
14.4 Force Majeure
Neither Party may be held liable for any failure to perform hereunder if said failure is due to force majeure (fire, natural disaster, accident, general electrical failure, etc.), provided that the Party relying on force majeure so notifies the other Party within ten (10) days after the occurrence of the force majeure event.
14.5 Nature of the General Terms and Conditions
The Parties hereby intend to be legally bound by this agreement, which supersedes any negotiation or prior agreement regarding the subject matter hereof.
14.6 Applicable Law and Choice of Forum
These general terms and conditions are governed by French law.
Any dispute of any type, that may arise in connection with the interpretation or performance hereof, shall be resolved before the courts of Nanterre - France.
Dernière mise à jour le [07/05/2007]
