Bing Map App Submission Addendum
This Bing Map App Submission Addendum (“Submission Addendum”) supplements the Microsoft Service Agreement for the site www.bing.com located at http://help.live.com/help.aspx?project=searchtou&market=en-us, as may be amended from time to time (the "Terms of Service"). This Submission Addendum, the Terms of Service, and the Code of Conduct (accessible from the link above for the Terms of Service), provide the terms and conditions that will govern your relationship with Microsoft regarding any application and related materials you submit to us for use on www.bing.com/maps
or www.bing.com/maps/explore ("Submission").
Microsoft does not claim ownership of the Submission, except for any material in your Submission that we licensed to you. By uploading your Submission, you give us all the necessary rights to make your Submission available on www.bing.com and other Microsoft or third party sites. These rights include granting Microsoft and its licensees a free, worldwide license to:
- use, copy, evaluate, distribute, display, publish and modify your Submission;
- publish your name, your Submission, icons and any of your marks that you provide
to us in connection with your Submission;
- utilize your Submission in all media (now known or later developed) including, but not limited to, in print, online, television and/or radio advertising; and
- grant these permissions to others.
We will not pay you for your Submission. We may refuse to publish and may remove your Submission from the service at any time and for any reason. In particular, we may refuse to publish your Submission if you fail to comply with this Submission Addendum, the Terms of Service, and the Code of Conduct. We may also create or permit others to create Submissions that offer similar features and services to, or otherwise compete with, your Submission.
The following terms shall also apply:
- You are responsible for insuring that your Submission and all content related to your Submission complies with the Code of Conduct. The Code of Conduct is available here: http://help.live.com/help.aspx?project=searchtou&market=en-us
- Your Submission will add new functionality to enhance any material (including sample code) that Microsoft licenses to you.
- You cannot use any components, data, images or other parts of your map application in your Submission that are hosted, owned or provided by other consumer mapping platforms. You may use data from geo-data web services, provided you have procured the appropriate rights and licenses to use such data in your Submission.
- Microsoft does not provide you with access to any user data or information through the Bing Map App APIs, and you must not attempt to otherwise access any user data through the Bing Map App APIs.
- You will provide users with adequate notice of the privacy practices applicable to the Submission in advance of the user providing any personal information. If your Submission permits a user to input login or other personal information you will inform users in advance of use, what data you will use and how you will use, store, display or otherwise share the data either by:
- You will not give us information that you independently collect from a user or a user's content without that user's consent.
- Submissions that publish a user’s location information to any other person or service must first obtain the user’s express permission (opt-in) to do so and must provide a mechanism through which the user can opt out of having location information published.
- You will provide customer support for your Submission.
- You will not show third party ads or third party web search boxes in your Submission without the authorization of Microsoft.
- We can issue a press release regarding your Submission, and describing our relationship with you.
- You will comply with all applicable laws.
- You give us all rights necessary to enable your Submission to work with Microsoft, including without limitation, rights to analyze and test your Submission for quality control purposes on an ongoing basis.
- You give us the right to place content, including ads, around your Submission.
You warrant and represent to Microsoft that:
- For every Submission, you have all rights necessary for you to grant the permissions in this Submission Addendum.
- Any information you provide about yourself or the Submission is complete and accurate.
- You will act in accordance with the Code of Conduct available at this link: http://help.live.com/help.aspx?project=searchtou&market=en-us
- Any person depicted in any images, photographs or other material contained in the Submission has provided consent to the depiction.
- Your Submission, and all content and materials provided through your Submission, does not violate or facilitate the violation of any rights of Microsoft or any third party, including without limitation any third party intellectual property rights, arising under contract law or otherwise, and you have obtained any and all consents, approvals or licenses (including written consents of third parties where applicable) required for you to submit your Submission under this Submission Addendum.
- Your Submission does not collect any user information for which you have not obtained the user’s consent.
- Your Submission does not contain any Prohibited Code. “Prohibited Code” means software code of any kind that (i) is potentially harmful to or could compromise a user’s system, software data, security or privacy; (ii) without the user’s express knowledge and consent, interferes with the operation of applications; (iii) launches or causes other similar code or applications similar to the foregoing to launch; (iv) is obscured or resistant to removal; (v) without the user’s express knowledge and consent, removes or disables security, anti-spyware or anti-virus technology; (vi) without Microsoft’s express knowledge and consent, displays advertisements; or (vii) without the user’s express knowledge and consent, collects or shares personal information.
- You will indemnify, defend and hold Microsoft and its affiliates harmless from any and all claims, demands, costs, liabilities, losses, expenses and damages (including attorneys’ fees, costs and expert witnesses’ fees) arising out of or in connection with any claim brought by a third party arising out of your Submission (excluding any material in your Submission that we licensed to you).