MICROSOFT® BING
TM
MAPS IMAGERY SERVICE
EDITOR APPLICATION APIs TERMS OF USE
Last Updated: April 2018
THANK YOU FOR CHOOSING MICROSOFT!
1. What does this Contract cover? This is a contract between you and Microsoft Corporation
(“Microsoft”). Sometimes Microsoft is referred to as “we,” “us” or “our”. This contract applies to the
following Microsoft Bing Maps Imagery Services APIs (collectively, the “service”): Bing Maps AJAX
Control, Bing Maps Silverlight Control, Bing Maps SOAP Services, and Bing Maps REST
Services. If you have separately entered into a written Bing Maps agreement with Microsoft (“Bing
Maps agreement”), to the extent of any conflict between the Bing Maps agreement and these
terms, the terms of your Bing Maps agreement prevail.
Please note that we do not provide warranties for the service. The contract also limits our
liability. These terms are in Sections 12 and 13 and we ask you to read them carefully.
If you have any questions or would like to find out more about a Bing Maps Agreement,
please contact [email protected] for information.
2. What rights do I have? The rights that you have under this agreement are limited solely to
aerial imagery use in a non-commercial online editor application of OpenStreetMap maps (an
“Application”). We require you use access credentials to use the service and require use of
transaction tracking and/or session tracking methods for all uses of the service, as described in the
applicable SDKs.
Right to use: Subject to your compliance with this agreement, you may develop or host an
Application that is designed to access and use the service to display results for non-commercial use
using only methods and means of access that are documented in the SDKs described at the end of this
agreement (“SDKs”). Your Application and content in your Application must be available publicly
without restriction (for example, login or password must not be required or such login or password
must be available without cost). Any manual or automated updates you make to the OpenStreetMap
map via the Application (even if not published to third parties) must be contributed back to
openstreetmaps.org.
See information on sessions or transactions using keys for the Bing Maps AJAX Control or Bing Maps
REST Services; or Bing Spatial Data Services.
Further, we grant you the limited right to use Street Side imagery provided by the StreetSide API in
read-only format solely as an additional source of corroborating ground truth within OpenStreetMap
editing environments. You may not use the StreetSide API to extract StreetSide imagery or for any
other use.
Restrictions on your use: We do have some restrictions on your use of the service. You may not:
•
copy, store, archive, or create a database of the content;
•
use the service for business asset tracking, fleet management, or dispatch;
•
present or alert an end user to individual maneuvers of a route in any way that is synchronized
with the end-user’s sensor-based position along the route, (e.g. “real-time” navigation);
•
change, obscure or remove any search box or any portion of the results, including, without
limitation, any logo, trademark, copyright or other notice of Microsoft or its suppliers, digital
watermarks, or any advertisement; and if the required logos and copyright notices are not
included in the service generated content, you shall add the logos and copyright notices provided
by Microsoft to the service generated content as described in the SDKs;
•
integrate or combine the Bing Maps Platform or any of its content with any other mapping
platform;
•
perform geocoding transactions or download points of interest; and
•
use Bird’s Eye, StreetSide, or Photosynth imagery (except as expressly set forth herein).
Restrictions on use of Traffic Data: You may not use road traffic data.
Content Attribution Restrictions outside of the United States: To the extent applicable local law
prohibits you from attributing content sources by displaying their logos with the service, you must
prominently display the source of the Microsoft Bing Maps Platform data as a text string with the
service at all times. Please refer to the image below as an example of an acceptable way to attribute
source data with a text string:
If your use is outside of the requirements herein please contact mapli[email protected].
Mobile Application Development: to use Bing Maps for mobile applications, please refer to the Bing
Maps Mobile Terms of Use.
3. Code of Conduct:
(i) What can I do? In using the service and developing Applications, you must:
•
obey the law;
•
obey any codes of conduct or other notices we provide;
•
keep any service account password secret; and
•
promptly notify us if you learn of a security breach related to the service.
(ii) What can’t I do? In developing Applications, and in using the service, you may not:
•
upload to the service, or use the service to display or perform in your Application, any content:
o
for which you do not have all necessary permissions from the copyright holder or holders;
o
which includes nudity or is obscene, indecent or pornographic;
o
which is intended to exploit minors in any way;
o
which incites, advocates, or expresses hatred, bigotry, racism, or gratuitous violence; or
o
which is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an
individual or group of individuals for any reason, including on the basis of age, gender,
disability, ethnicity, sexual orientation, race, or religion, or to incite or encourage anyone else
to do so;
•
use the service in a way that unlawfully harms us or our affiliates or suppliers (collectively, the
“Microsoft parties”);
•
encourage or require any end user to breach the terms of the Bing Maps TOU or the Microsoft
Services Agreement (available at https://www.microsoft.com/en-us/servicesagreement/);
•
encourage or require any end user to provide to you, or any party other than Microsoft, a
password to Microsoft account;
•
transmit, sell, license or deliver any infringing, defamatory, offensive, or illegal products, services
or materials;
•
violate local, state, federal or other applicable consumer privacy regulations;
•
use any portion of the service, or any web site that displays or performs content from the
service, as a destination linked from any unsolicited bulk messages or unsolicited bulk email,
postings, contact requests, SMS (text messages), or instant messages (“spam”);
•
violate any applicable law or violate the rights of any third party (including, without limitation,
rights of privacy or proprietary rights);
•
violate any applicable U.S. Export Administration Regulations or end-user, end-use and
destination restrictions issued by U.S. and other governments. The service is subject to U.S.
export jurisdiction;
•
use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
•
damage, disable, overburden, or impair the service (or the network(s) connected to the service)
or interfere with anyone’s use and enjoyment of the service;
•
sell, lease or sublicense access to the service;
•
attempt to make a local non-cache copy, or help a third party attempt to make a local non-cache
copy, of any content provided through the service;
•
falsify or alter any unique referral identifier in, or assigned to, an Application, or otherwise obscure
or alter the source of queries coming from an Application; or
•
use any automated process or service to access and/or use the service (such as a BOT, a spider,
periodic caching of information stored by Microsoft, or “meta-searching”).
Microsoft reserves the right, in its sole discretion, to determine whether your use of the service is in
accordance with the terms of this agreement.
4. Limitations and Conditions of the Service. We may use technology or other means to protect
the service, protect our customers, or stop you from breaching this contract. These means may
include, for example, filtering to stop spam or increase security. These means may hinder or break
your use of the service.
Microsoft may, in its sole discretion, limit the: (i) rate at which the service, or any subset of it, may be
called, (ii) the amount of storage made available to each service account, or (iii) the length of
individual content segments that may be uploaded to, or served from, the service (all of the foregoing
being forms of “Throttling”). Microsoft may perform this Throttling globally across the entire service,
per end user, or on any other basis. You will not take steps to circumvent any technical measures we
may put in place to enforce Throttling.
We reserve the right to include a search box or advertising in the content served through the service.
You will not intentionally omit or obscure such advertising, search box or search results including
advertising when displaying such content to end users.
5. Your Content. Except for material that we may license to you, we do not claim ownership of the
content you post or otherwise provide to us, that is hosted by Microsoft or a third-party hosting
provider on Microsoft’s behalf, related to the service (called a “submission”). However, by posting or
otherwise providing your submission (and for the avoidance of doubt, where Microsoft hosts content
on your behalf including by a third party hosting provider this constitutes a “submission”, but where
you host or a third party hosts content on your behalf, other than Microsoft or a third party hosting
provider on behalf of Microsoft, this does not constitute a “submission”), you are granting to
Microsoft free permission to use, copy, distribute, display, publish, transcode and otherwise modify
your submission, each in connection with the service, and sublicense these rights to others in order
to provide the service.
We will not pay you for your submission. We may refuse to publish and may remove your submission
from the service at any time. You understand that providing a submission to us that violates others’
copyrights and other Intellectual Property rights violates this agreement. For every submission you
make, you must have all rights necessary for you to grant the permissions in this section.
6. End User Terms. The Terms of Use located at http://go.microsoft.com/?linkid=9710837 (the “Bing
Maps TOU”) or such other locations as Microsoft may specify from time to time apply to end users of
your Application. You must provide a hypertext link at the bottom of each page in your Application
where the service can be viewed or accessed, or within the terms of use of your Application, to the
Bing Maps TOU.
7. Privacy. All access to and use of the service is subject to the data practices set forth in the
Microsoft Privacy Statement available at https://privacy.microsoft.com/en-
us/privacystatement. You are responsible for providing end users with adequate notice of the
privacy practices applicable to your Application.
8. How We May Change the Contract. If we change this contract, then we will provide notice as
provided in Section 19 below. If you do not agree to these changes, then you must stop using the
service. If you do not stop using the service, then your use of the service will continue under the
changed contract.
We may choose in the future to charge for all use of the service or change the requirements for use
free of charge. If we choose to change the fee requirements for the service, Microsoft will provide
notice of such terms as provided in Section 19 below, and you may elect to stop using the service
rather than incurring fees.
9. Your Responsibility. You will indemnify and hold the Microsoft parties harmless from and against
any and all loss, liability, and expense (including reasonable attorneys' fees) suffered or incurred by
reason of any claims, proceedings or suits based on or arising out of any breach by you of any
obligation or warranty under this agreement. You will be solely responsible for defending any claim,
subject to Microsoft's right to participate with counsel it selects, and you will not agree to any
settlement that imposes any obligation or liability on the Microsoft parties without Microsoft's prior
written consent.
10. Reservation of Rights. Microsoft and its suppliers retain all right, title and interest in and to the
service, the SDKs and all intellectual property rights therein. This agreement does not grant you any
rights in any Microsoft logo, trademark or service mark, and you will not use any logo, trademark or
service mark of Microsoft for any purpose without the prior written approval of Microsoft. You will not
claim or imply any sponsorship or endorsement of your Application by Microsoft.
11. Term. This agreement will become effective on your first use of the service or APIs. This
agreement may be terminated immediately for any reason and without notice by Microsoft. If this
agreement terminates, all rights granted to you by this agreement will automatically terminate and
you will cease to have any rights to use the service or APIs.
12. WE MAKE NO WARRANTY. We provide the service, APIs, SDKs and any other
materials made available hereunder “as-is,” “with all faults” and “as available.” We do
not guarantee the accuracy or timeliness of information available from the service or
APIs. The Microsoft parties give no express warranties, guarantees or conditions. You
may have additional consumer rights under your local laws that this contract cannot
change. We exclude any implied warranties including those of merchantability, fitness
for a particular purpose, workmanlike effort and non-infringement.
13. LIABILITY LIMITATION. You can recover from the Microsoft parties only direct
damages up to an amount equal to fees you have paid to us for the service for one month
or $10.00, whichever is greater. You cannot recover any other damages, including
consequential, lost profits, special, indirect, incidental or punitive damages.
This limitation applies to anything related to:
•
the service,
•
content (including code) on third-party Internet sites, third-party programs or third-party conduct,
•
viruses or other disabling features that affect your access to or use of the service,
•
incompatibility between the service and other services, software and hardware,
•
delays or failures you may have in initiating, conducting or completing any transmissions or
transactions in connection with the service in an accurate or timely manner, and
•
claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort.
It also applies even if:
•
this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
•
Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the
above limitations or exclusions may not apply to you. They also may not apply to you because your
province or country may not allow the exclusion or limitation of incidental, consequential or other
damages.
14. Changes to the Service; Cancellation of the Service; Audit. We may change the service or
APIs at any time and for any reason. Such changes may include removal of features, or the
requirement of fees for previously-free features. Some changes to the service may cause existing
Applications to stop working. We may cancel or suspend your use of the service at any time. Our
cancellation or suspension may be without cause and/or without notice. Upon service cancellation,
your right to use the service or APIs stops right away. Once the service is cancelled or suspended, any
data you have stored on the service may not be retrieved later. Microsoft reserves the right to verify
your compliance with this contract.
15. Interpreting the Contract. All parts of this contract apply to the maximum extent permitted by
law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then
you and we will replace that part with terms that most closely match the intent of the part that we
cannot enforce. The rest of this contract will not change. This agreement, together with any Bing Maps
agreement you have with us, constitutes the entire agreement between you and us regarding your use
of the service. It supersedes any prior contract or statements regarding your use of the service. If you
have confidentiality obligations related to the service, those obligations remain in force (for example,
you may have been a beta tester). The section titles in the contract do not limit the other terms of this
contract.
16. Assignment. We may assign this contract, in whole or in part, at any time with or without notice
to you. You may not assign this contract, or any part of it, to any other person without our prior
written consent, which will not be unreasonably withheld. Any attempt by you to do so is void. You
may not transfer to anyone else, either temporarily or permanently, any rights to use the service or
any part of the service.
17. No Third-Party Beneficiaries. This contract is solely for your and our benefit. It is not for the
benefit of any other person, except for permitted successors and assigns under this contract.
18. Claim Must Be Filed Within One Year. Any claim related to this contract or the service may not
be brought unless brought within one year. The one-year period begins on the date when the claim
first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your
successors. It also applies to us and our successors and assigns.
19. Notices; Consent Regarding Electronic Information. This contract is in electronic form. We
have promised to send you certain information in connection with the service and have the right to
send you certain additional information. There may be other information regarding the service that the
law requires us to send you. We may send you this information in electronic form. You have the right
to withdraw this consent, but if you do, we may cancel your service. We may provide required
information to you:
•
by e-mail at the e-mail address you specified when you signed up for your service;
•
by posting to a Microsoft web site that will be designated in an e-mail notice sent to you at the
time the information is available; or
•
by posting on any portion of http://www.microsoft.com/maps/product/terms.html or to another
Microsoft web site that will be generally designated in advance for this purpose.
Notices provided to you via e-mail will be deemed given and received on the transmission date of the
e-mail. As long as you can access and use the service, you have the necessary software and hardware
to receive these notices. If you do not consent to receive any notices electronically, you must stop
using the service.
Any notice from you will be sent electronically to: mapli[email protected]
20. Choice of Law and Location for Resolving Disputes. Washington state law governs the
interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws
principles. All other claims, including claims regarding consumer protection laws, unfair competition
laws, and in tort, will be subject to the laws of your state of residence in the United States, or if you
live outside the United States, the laws of the country to which we direct your service. You and we
irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King
County, Washington, USA for all disputes arising out of or relating to this contract.
Additional Information on APIs
The APIs documented in the most current version are located at: http://msdn.microsoft.com/en-
us/library/dd877180.aspx.
