Waze Terms of Use

DATED 2014-09-18 · VERSION 20141209_rev01 · COMPARED WITH 20140101_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20140101_rev01 to 20141209_rev01

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

1## Terms of Use
1**We have made some changes to our Terms of Use.** See [here](https://www.waze.com/legal/previous_tos) for the text of the previous terms. These changes will be effective for all Waze users immediately.
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3**Welcome to Waze!**
3Terms of Use
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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 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.
5Welcome to Waze!
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7These 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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79By using the Waze Service, you signify your assent to
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911these Terms;
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11[Waze's privacy policy](http://www.waze.com/legal/privacy) ("Privacy Policy"); and
13[Waze's privacy policy](https://www.waze.com/legal/privacy) ("Privacy Policy"); and
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13[Waze's copyright policy](http://www.waze.com/legal/copyright) ("Copyright Policy")
15[Waze's copyright policy](https://www.waze.com/legal/copyright) ("Copyright Policy")
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1517all of which are an integral part of these Terms.
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17If you do not agree to these Terms or any of its parts, then you are prohibited from using the Service and We request that you refrain from doing so.
19If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.
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19**Key Points**
21Key Points
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21The following key points of the Terms of Use are brought for your convenience only. These key points are not in lieu of the full Terms of Use.
23The following key points of the Terms are highlighted here for your convenience only. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by Waze..
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23**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.
25Road information prevails . The information provided by the Service is not intended to replace the information provided on the road, such as travel direction, time based restrictions, lane restrictions, road blockades, traffic signs, traffic lights, police instructions, etc.
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25**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.
27Cautious 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), or to non-verbally interact with the Service or use the Service in a non-verbal manner for any purpose other than navigation while driving. Traffic updates or non-verbal reports you want to submit to the Service 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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27**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.
29Non-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 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/):-
31Location-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](https://www.waze.com/legal/privacy) .
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3133(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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3335(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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35**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.
37Advertisements . Third party advertisements may appear on the Service from time to time. Waze does not endorse these advertisements, and the advertisements are not intended to be, nor should they be, viewed by drivers unless and until their vehicle has come to a complete stop.
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37**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.
39The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense . Transmitting and receiving real-time updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G) 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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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.
41Free 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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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.
43Your 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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43**WHAT IS THE SERVICE**
45Privacy. 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/](https://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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45The 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.
47WHAT IS THE SERVICE
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47**THE LICENSE**
49The 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 through the Software.
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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.
51THE LICENSE
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51**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.
53Waze Service. Waze hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the Software) for non-commercial purposes, subject to these Terms.
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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.
55The 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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55**USING THE SERVICE**
57Along 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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57You 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.
59USING THE SERVICE
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59You 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.
61You may use the Service solely for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of Waze. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.
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61When 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.
63You may not copy, print, save or otherwise use 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.
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63The Software may not be used in any way not expressly permitted by these Terms.
65When 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 prior written permission of Waze.
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65**USE RESTRICTIONS**
67The Software may not be used in any way that is not expressly permitted by these Terms.
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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.
69USE RESTRICTIONS
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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.
71There are certain types of conduct that 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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71**TERMINATION OF USE OF THE SERVICE**
73You may not, whether yourself or through any other means or person : (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Service and/or Site, or 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's prior written consent; (iii) create a browser or border environment around the Content (e.g. 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's 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 Service 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, or the Content for non-personal or commercial purposes without Waze's express prior written consent; or (xv) infringe or violate any of these Terms.
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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.
75TERMINATION OF USE OF THE SERVICE
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77You 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 for Waze to delete your Waze account and your personal information contained in the account, 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 that your information may be retained on our back-up systems for some time.
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7579Waze 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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77To the extent possible, We will advise you of your account termination.
81USER CONTENT
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79**USER CONTENT**
83The Service allows all users of the Software to submit and post information and content to other users ("Content"). Content is separate from third party sponsored advertisements that may appear on the Service. Content can include, for example, map and road updates, traffic congestion updates, road accidents, etc. You assume sole responsibility for any Content you post and you alone are liable for the consequences when you post Content.
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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.
85ALWAYS 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 CONTENT 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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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.
87FORBIDDEN POSTS
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85**FORBIDDEN POSTS**
89It is forbidden to submit Content of a commercial nature (including advertising), unless such posts pertain to Waze, the Service, or Waze's products, and such Content strictly complies with these Terms.
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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.
91When you submit Content to be published by the Service, you must make sure it is lawful. For example, you may not submit Content that:
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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 -
93● is diminishing or infringing proprietary rights of others, including but not limited to copyright and trade marks;
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91● diminishing or infringing proprietary rights of others, including but not limited to copyright and trade marks;
95● poses a risk to a person's safety, security or health;
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93● Content creating a risk to a person's safety, security or health;
97● identifies other persons without obtaining such person's express written consent to the disclosure of their personal information, or pertains to minors and identifies minors or their personal information, including their full name, age, address or contact information;
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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;
99● is unlawful, defamatory, libelous or invades the privacy of others;
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97● Content that is unlawful, defamatory, libelous or invades the privacy of others;
101● is harassing, offensive, threatening or vulgar;
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99● that is harassing, offensive, threatening or vulgar;
103● 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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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;
105● encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
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103● that encourages conduct that would be considered a criminal offense, or gives rise to civil liability or other lawsuit;
107● 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● that promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or under these Terms;
109● falsely expresses or implies that such content is sponsored or endorsed by Waze.
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107● that falsely expresses or implies that such content is sponsored or endorsed by Waze.
111The foregoing examples of unlawful Content are made solely for illustrative purposes and do not constitute an exhaustive list of restricted Content.
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109Waze 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.
113Waze may decline to publish, or immediately delete any Content you submit if you or the Content 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 terminate your access to the Service or prevent you from posting additional Content on the Service. The provisions of this clause are made in addition to any rights afforded to Waze by any law.
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111**RIGHTS IN CONTENT**
115RIGHTS IN CONTENT
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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).
117When 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 Content. Waze receives no ownership rights in and to the Content that you submit. However, by submitting Content 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 the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at Waze's sole and absolute discretion. However, other users may only use your Content for non-commercial purposes, unless Waze provides them with a prior written consent to use your Content for commercial purposes (for the purpose of which you authorize Waze to be your agent).
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115**EXAMINATION OF CONTENT**
119EXAMINATION OF CONTENT
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117Waze 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.
121Waze 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 utilize its right to monitor Content and does so only in rare cases.
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119Waze 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.
123Waze retains sole discretion in determining which Content will be published, the duration of its publication, its location, how and when it appears on the Service, its 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.
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121125Content submitted by users for publication does not reflect the views of Waze. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.
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123**COPYRIGHT**
127COPYRIGHT
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125All intellectual property rights in and to the Site, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets - are either exclusive property of Waze or exclusively licensed to Waze. The Service is protected, among others, by the Israeli Copyright Law, 2007 or by provisions prescribed by any other law, in Israel and abroad.
129All intellectual property rights in and to the Site, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets - are either the exclusive property of Waze or its affiliates or are exclusively licensed to Waze. The Service is protected, among others, by the Israeli Copyright Law, 2007 as well as by applicable copyright provisions prescribed by any other law, in Israel and elsewhere.
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127Copying, distributing, publicly displaying, offering to the public via communication, transferring to the public, modifying, adapting, processing, creating derivative works, selling or leasing, any part of the Service, in any manner or means without the prior written consent of Waze, is strictly forbidden. "Waze", the Waze logo, and other trade and/or service marks are property of Waze and may not be used in any of the aforementioned means.
131"Waze", the Waze logo, and other trade and/or service marks are the property of Waze or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of Waze.
128132
129The design of the maps of the Site and the Service is a protected work under copyright laws and all its intellectual property rights remain the exclusive proprietary of Waze. The Software license does not extend to the maps presented by the Software or to any mark, indicator, logo or notation embedded in the map display. You may not copy or print more than one copy of any data or material appearing on the Site.
133The design, trade dress, and the 'look and feel' of the maps of the Site and the Service are protected works under applicable copyright laws and Waze and its affiliates retain all intellectual property rights in them. The Software license granted to you in these Terms does not extend to or include a license to use the maps displayed on the Software or any mark, indicator, logo or notation embedded in the maps that are displayed on the Software. You may not copy or print more than one copy of any data or material appearing on the Site.
130134
131Waze may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating Waze's rights under these Terms or under any applicable law, infringement of the rights in and to the Service will, in and on itself, result in the termination of all your rights under these Terms. In such an event, you must immediately cease any and all uses of the Service, and within your obligations to Waze, you undertake to do so.
135Waze may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating from Waze's rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by Waze to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.
132136
133**Apple**
137Apple
134138
135If you use the Service through an Apple device, then you agree and acknowledge that:
139If you use the Service on an Apple device, then you agree and acknowledge that:
136140
137141Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
138142
139143You 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;
140144
141145Apple 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.
142146
143**Export Control**
147Export Control
144148
145149You 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.
146150
147**LIMITATION OF LIABILITY AND WARRANTY**
151LIMITATION OF LIABILITY AND WARRANTY
148152
149WAZE 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.
153WAZE 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 HEREBY 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.
150154
151Additionally 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.
155Additionally and without derogating from the above clause, Waze disclaims any warranties relating to the accuracy of the maps, Content, road conditions, driving directions, or navigation routes presented or displayed 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; users may submit faulty or inaccurate Content or reports. Such errors and omissions are inherent to any community-based service that operates on users' posts and on the information provided by them.
152156
153**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.**
157You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.
154158
155159THE 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.
156160
157161Waze 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.
158162
159163WAZE, 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.
160164
161Additionally 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.
165LINKS AND COMMERCIAL INFORMATION IN THE SOFTWARE
162166
163**LINKS AND COMMERCIAL INFORMATION IN THE SOFTWARE**
167The Service may include commercial information or advertisements (for example, pins indicating the locations of certain establishments, their commercial offers, coupons, etc. ("Ads"). The Ads may pop up or be displayed on the Service maps from time to time. Waze may post Ads on the Service but more often than not, the source of such Ads is third parties, and as such, Waze cannot and does not guarantee the reliability or accuracy of third party Ads. Waze does not endorse the content of third party Ads. Additionally and without derogating from the previous sentence, 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 Ads posted on the Service.
164168
165Waze may incorporate in the Service advertisements and/or information of commercial nature. The source of such information may originate from Waze or from third parties. If such information originates from third parties, Waze cannot guarantee its reliability or accuracy. It is underscored that the advertising of commercial content by Waze does not constitute a recommendation or encouragement to procure the goods or services advertised.
169 It is underscored that the advertising of commercial content by Waze does not constitute a recommendation or encouragement to procure the goods or services advertised.
166170
167Insofar as the Software includes links to services or applications not operated or managed by Waze, Waze will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. Waze will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of services you have accessed via links on the Software.
171Insofar as the Software includes links to services or applications not operated or managed by Waze, Waze will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. Waze will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links on the Software.
168172
169**BREACH AND INDEMNITY**
173YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE OPERATING A VEHICLE. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREOING PROVISION, THE THIRD PARTY ADVERTISERS 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 DISPLAY OF THE ADS ON THE SERVICE OR YOUR VIEWING OF THE ADS ON THE SERVICE.
170174
171Without 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.
175BREACH AND INDEMNITY
172176
173**PRIVACY**
177Without derogating from any applicable law, you agree to indemnify and hold harmless Waze and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that the Service is provided to you free-of-charge, this indemnity is intended to 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 as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.
174178
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.
179PRIVACY
176180
177**MODIFICATIONS TO THE SERVICE AND SOFTWARE**
181Waze 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/](https://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.
178182
183MODIFICATIONS TO THE SERVICE AND SOFTWARE
184
179185Waze 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.
180186
181**TERMINATION OF SERVICE**
187TERMINATION OF SERVICE
182188
183189Waze may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.
184190
185**MODIFICATIONS OF THESE TERMS**
191MODIFICATIONS OF THESE TERMS
186192
187193Waze may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service's home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.
188194
189**GOVERNING LAW AND JURISDICTION**
195GOVERNING LAW AND JURISDICTION
190196
191197These Terms, the Software and the Service will be governed solely by the laws of the State of Israel, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court in the Tel Aviv district in Israel.
192198
193**LIMITATIONS**
199LIMITATIONS
194200
195201Should you desire to file any cause of action against Waze, arising out of or related to the Waze Software or Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.
196202
197**ASSIGNMENT OF RIGHTS**
203ASSIGNMENT OF RIGHTS
198204
199205You may not assign or transfer your rights in and to the Service, without the prior written consent of Waze. Waze may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Waze's obligations to you under these Terms.
200206
201**COMPLETE TERMS**
207COMPLETE TERMS
202208
203209These 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.
204210
205**NO LEGAL RELATIONSHIP**
211NO LEGAL RELATIONSHIP
206212
207These 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.
213These Terms of Use and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating 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 is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the Waze Service, its contents, maps and any other data.
208214
209 **CONTACT US**
215 CONTACT US
210216
211217You 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.
212218
213Last modified: 20 November 2013
219Last modified: 18 September 2014