Terms of Use

Last updated September 6, 2021

 

For Maps Only

Maps are for personal use only and should not be used for navigation. Additional proofs or changes beyond the three included in our packages will incur additional fees, billed at our current hourly rate.

A map purchase does not include any editable files such as Adobe Illustrator, ArcGIS maps or shapefiles. It does not include any physical prints or items, although you may use the high-resolution files to make your own prints.

Maps purchased for use on the HipMaps smartphone app include one year of hosting on the HipMaps app. Additional hosting past one year are subject to the HipMaps Annual App Hosting Fee which is currently $25/year.

 

For Puzzles Only

Additional proofs or changes beyond the three included in our packages will incur additional fees, billed at our current hourly rate.

A puzzle purchase does not include any editable files such as Adobe Illustrator, ArcGIS maps or shapefiles. It does not include any physical prints or items other than the puzzle from Portrait Puzzles (if included in order), although you may use the high-resolution files to make your own prints.

 

Referral Program

HipMaps offers a referral program for purchase of a Custom Wedding Map, Custom Special Event Map, Custom Vacation Rental Map, Custom Business Map, Custom Winery Map, or Custom Vineyard Map. The purchase of any other HipMaps products are not eligible for referral gifts. For each new person or business who purchases one of the previously listed custom maps as a direct result of your referral, we will send you either a $50 gift card or a custom Spark Joy Box as a token of our appreciation. Only one referral gift will be given per purchase of previously listed custom maps.

 

Coupon Codes

HipMaps coupon codes may be used during the checkout process by entering the code in its entirety in the promotion code field during the checkout process. We reserve the right to restrict coupon codes to apply to certain products only. You may use only one promotion code per order. Coupons are not redeemable for cash, are available for a limited time, while supplies last and cannot be used once expired. In some cases coupon codes can only be redeemed once per person. If you encounter problems using a coupon code please email us at Hello@HipMaps.com

 

Links to Other Websites

HipMaps contains links to third-party websites that are not under our control. We make no claim and accept no responsibility regarding the nature, quality, or reliability of the third-party websites that are accessible by hyperlinks from our site. We provide these links as a convenience and the inclusion of these links does not imply that we endorse them or any association with the operators of the third-party sites. You are responsible for abiding and viewing the privacy statements and terms of use posed at any of those third-party sites.

 

Accuracy of Information on the Site

HipMaps does our best to ensure that information on our site is accurate, complete, and current. However, despite our efforts information on the site may sometimes be incomplete, inaccurate, or out of date. All descriptions, prices, and products on the site are subject to change, at any time, without notice. We obviously will make all reasonable efforts to accurately describe our products and provide example images, however we do not warrant the completeness or accuracy of the content, information, or materials provided through the site. We also reserve the right to discontinue any product at any time.

 

Governing Law & Disputes

All legal issues arising under these terms will be governed by the law of the State of California, United States of America. California law applies to terms and any disputes related to the terms. Any dispute or claim relating to your use of HipMaps services will be resolved by arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify.

 

Warranty

HipMaps products, including digital files, are provided “as is” without warranty of any kind. HipMaps disclaims all warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose.

 

Intellectual Property

HipMaps site and all of its materials, including, but not limited to, its software or HTML code, scripts, images, videos, text, photographs, artwork, and audio (collectively, ‘Materials’) are protected by copyright laws and other U.S. and International laws and treaties and are property of HipMaps or its licensors. All Materials are provided through the site as a service to its current and prospective visitors and may be used only for informational and personal purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No title, right, or interest in HipMaps materials is conveyed to you. You may not copy, modify, create derivative works from, transmit, distribute, reproduce, publish, perform, display, post, sell, license, or otherwise exploit the site or any of its Materials without our prior written permission: you may not access or use the site for any competitive or commercial purpose, nor may you permit any copying of our Materials. Any unauthorized transmission, performance, copying, display, alteration, distribution, or other use of the Materials is prohibited. Any and all rights not expressly granted are reserved by HipMaps, as applicable. HipMapsTM is a registered trademark.

 

Disclaimer of Liability

HipMaps disclaimer of liability applies to any injury or damages caused by any failure of omission, error, performance, interruption, defect, deletion, delay of operation or transmission, communication failure, computer virus, destruction or theft or unauthorized access to, use of record, or alteration of, whether for breach of contract, negligence, tortious behavior, or under any other cause of action. You specifically acknowledge HipMaps is not liable for the offensive, defamatory, or illegal conduct of other customers or third parties and that the risk of injury from the foregoing rests entirely with you. Neither we or any of our affiliates, agents, or content providers shall be liable for any direct, incidental, indirect, consequential, or special damages arising out of use of our services or inability to gain access to or use our services or out of any breach of warranty. You hereby acknowledge that the provisions of this section applies to all content on our site and our services.

  

Refunds & returns

For maps: If, within 30 days of your date of purchase and prior to submitting your map form to us, you would like a refund on your purchased map you may request one by emailing Rachel@HipMaps.com. We would love to know what went wrong and how we can improve, so please include details about the reason for your refund request. We will process the refund as quickly as possible and within 5 business days. Please note that your financial institution can take several additional days for the refund to reflect on your mode of purchase. Due to the custom nature of this service, there will be no refunds or returns after 30 days of your date of purchase or after your map form has been submitted to us.

For puzzles: If, within 30 days of your date of purchase and prior to submitting your puzzle form to us, you would like a refund on your purchased puzzle, you may request one by emailing Rachel@HipMaps.com. We would love to know what went wrong and how we can improve, so please include details about the reason for your refund request. We will process the refund as quickly as possible and within 5 business days. Please note that your financial institution can take several additional days for the refund to reflect on your mode of purchase. Due to the custom nature of this service, there will be no refunds or returns after 30 days of your date of purchase or after your puzzle form has been submitted to us.

For puzzles: HipMaps provides a money-back guarantee for the jigsaw puzzle manufactured by Portrait Puzzles: if you are not happy with the quality of puzzle that Portrait Puzzles produces from your approved proof, we will refund you the cost of the puzzle – note that you will have to return the puzzle to us first. Upon receipt of your rejected puzzle we will issue the refund as quickly as possible and within 5 business days. Please note that your financial institution can take several additional days for the refund to reflect on your mode of purchase. We cannot refund a puzzle if you selected the wrong puzzle size or number of pieces, so please take care with the selection and let us know if you have any questions.

For merchandise: If, within 30 days of your date of purchase, you would like a refund on purchased HipMaps merchandise and the merchandise has not been worn or used you may request one by emailing Rachel@HipMaps.com. We would love to know what changed your mind and how we can improve, so please include details about the reason for your refund request. You will need to return the merchandise to us within 5 days of your request by mailing it to: HipMaps, PO Box 2211, Sonoma, CA 95476. We will process the refund as quickly as possible and within 5 business days. Please note that your financial institution can take several additional days for the refund to reflect on your mode of purchase.

 

Shipping & Delivery

For maps: All products are digital files which will be delivered by email or file transfer site (e.g. Dropbox). No physical files will be delivered. Within 3 weeks of your form submittal we will send you the first draft of your map. After we review the draft map with you via a video call we will deliver a second draft of your map within 5 days. If you have additional changes we will deliver a third draft of your map within 3 days. If you have additional changes beyond the third draft we will commence charging our normal hourly rate and deliver additional drafts within 3 days of receipt of requested changes. All approved, final files will be delivered within 3 days of proof approval.

For puzzles: All digital files will be delivered by email or file transfer site (e.g. Dropbox). Within 2 weeks of your custom puzzle form submittal we will send you the first draft of your custom puzzle. Within 1 week of your geography puzzle form submittal we will send you the first draft of your geography puzzle.  We will deliver a second draft of your puzzle within 5 days of receipt of your comments. If you have additional changes we will deliver a third draft of your puzzle within 3 days. If you have additional changes beyond the third draft we will commence charging our normal hourly rate and deliver additional drafts within 3 days of receipt of requested changes. All approved, final digital files will be delivered within 3 days of proof approval.

For puzzles: If your purchase includes a puzzle manufactured by Portrait Puzzles, we will submit your approved, final file to Portrait Puzzles within 3 days of proof approval. Portrait Puzzles commits to creating your puzzle and shipping it as fast as they can, often within 3 days of receipt of the final file. Puzzles will be shipped directly from Portrait Puzzles by USPS Priority Mail. Shipping by USPS Priority Mail is free to United States addresses. Shipping by UPS may be available for an additional charge, please contact us for pricing and availability.

For merchandise: All merchandise will be shipped to you via the shipping method you selected at checkout within 5 days of purchase. If we are unable to ship your items within 5 days we will contact you to determine if you would like a refund or would like to wait for inventory to be restocked.

 

Terms of Sale

By placing an order with HipMaps, you are 1) representing that you are of legal age to form a binding contract, 2) offering to purchase a product, and 3) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. Your receipt of an order confirmation does not constitute our acceptance of an order. We retain the right to refuse any order request. We reserve the right to refuse service to you and to limit the number of items ordered without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, we have the right to cancel or refuse any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made, or if your account has been charged for the purchase and then the order is canceled, we will credit your account in the amount of the incorrect price.

 

 

HipMaps Application

HipMaps is licensed to You (End-User) by Rachel LeRoy Consulting LLC DBA HipMaps, located at PO Box 2211, Sonoma, California 95476, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.

By downloading the Application from the Apple AppStore or Google Play store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

The parties of this License Agreement acknowledge that Apple and Google are not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Rachel LeRoy Consulting LLC DBA HipMaps, not Apple or Google, is solely responsible for the licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Application that are in conflict with the latest Apple App Store Terms of Service and Google Play Terms of Service. Rachel LeRoy Consulting LLC DBA HipMaps acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.

All rights not expressly granted to You are reserved.

  1. THE APPLICATION

HipMaps (hereinafter: Application) is a piece of software created to provide a means for custom maps to be viewed on smartphones in real-world coordinates – and customized for Apple and Google mobile devices. It is used to allow users to see their location on their hosts’ custom map.

The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

  1. SCOPE OF LICENSE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded or Google-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.

2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions or Google Terms and Conditions, and with Rachel LeRoy Consulting LLC DBA HipMaps’ prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Rachel LeRoy Consulting LLC DBA HipMaps’ prior written consent).

2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

  1. TECHNICAL REQUIREMENTS

3.1 The Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.

3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.

3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

  1. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.

4.2 Rachel LeRoy Consulting LLC DBA HipMaps and the End-User acknowledge that Apple or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

  1. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy: https://HipMaps.com/privacy.

 

  1. USER GENERATED CONTRIBUTIONS

The Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the

Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the

Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.

  1. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
  2. Your Contributions are not false, inaccurate, or misleading.
  3. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  4. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  5. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  6. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  7. Your Contributions do not violate any applicable law, regulation, or rule.
  8. Your Contributions do not violate the privacy or publicity rights of any third party.
  9. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of18 in a sexual or violent manner.
  10. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  11. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  12. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.

  1. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions of other feedback regarding the Application, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

  1. LIABILITY

8.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use.

You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.

8.2 Licensor takes no accountability and responsibility in case of Google Maps directions are inaccurate.

  1. WARRANTY

9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.

9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Rachel LeRoy Consulting LLC DBA HipMaps’ sphere of influence that affect the executability of the Application.

9.3 You are required to inspect the Application immediately after installing it and notify Rachel LeRoy Consulting LLC DBA HipMaps about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of seven (7) days after discovery.

9.4 If we confirm that the Application is defective, Rachel LeRoy Consulting LLC DBA HipMaps reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.

9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

9.7 Rachel LeRoy Consulting LLC DBA HipMaps makes no warranty or promise that the Application will remain free of charge.

  1. PRODUCT CLAIMS

Rachel LeRoy Consulting LLC DBA HipMaps and the End-User acknowledge that Rachel LeRoy Consulting LLC DBA HipMaps, and not Apple or Google, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:

  • product liability claims;
  • any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
  • claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
  1. LEGAL COMPLIANCE

You represent and warrant that 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 that You are not listed on any U.S. Government list of prohibited or restricted parties.

  1. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

Rachel LeRoy

Rachel LeRoy Consulting, LLC DBA HipMaps

PO Box 2211

Sonoma, CA 95476

United States

Hello@HipMaps.com

  1. TERMINATION

The license is valid until terminated by Rachel LeRoy Consulting LLC DBA HipMaps or by You. Your rights under this license will terminate automatically and without notice from Rachel LeRoy Consulting LLC DBA HipMaps if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

  1. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Rachel LeRoy Consulting LLC DBA HipMaps represents and warrants that Rachel LeRoy Consulting LLC DBA HipMaps will comply with applicable third party terms of agreement when using licensed Application.

In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof. Also In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Google and Google’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this license agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

HipMaps uses the Google Maps Platform API, therefore by using the HipMaps application You are additionally bound by Google’s Terms of Service.

  1. INTELLECTUAL PROPERTY RIGHTS

Rachel LeRoy Consulting LLC DBA HipMaps and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the

End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, Rachel LeRoy Consulting LLC DBA HipMaps, and not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

  1. APPLICABLE LAW

This license agreement is governed by the laws of the State of California excluding its conflicts of law rules.

 

  1. MISCELLANEOUS

17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.