Wikimapia terms reference

Terms of Service, Copyright Notice and Privacy Notice.


Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the WikiMapia.org domain name, the "WikiMapia Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the "Terms of Service"), THE TERMS AND CONDITIONS OF WikiMapia'S COPYRIGHT NOTICE AND THE TERMS AND CONDITIONS OF WikiMapia'S PRIVACY NOTICE, WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the WikiMapia Website.

WikiMapia Website

These Terms of Service, Privacy Notice and  Copyright Notice apply to all users of the WikiMapia Website, including users who are also contributors of information, images and other materials or services on the Website. The WikiMapia Website may contain links to third party websites that are not owned or controlled by WikiMapia. WikiMapia has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, WikiMapia will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve WikiMapia from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the WikiMapia Website and to read the terms and conditions and privacy policy of each other website that you visit.

Terms of Service

1. User Submissions

A. The WikiMapia Website permit the submission of information submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, WikiMapia does not guarantee any confidentiality with respect to any submissions.


B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:


a. you own or have the necessary licenses, rights, consents, and permissions to use and authorize WikiMapia to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service;


b. you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

In other words you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to WikiMapia, you hereby grant WikiMapia a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the WikiMapia Website and WikiMapia's (and its successor's) business, including without limitation for promoting and redistributing part or all of the WikiMapia Website (and derivative works thereof) in any formats and through any services. You also hereby grant each user of the WikiMapia Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the WikiMapia Website. However your submissions may be found in changes history and other people may consider your information in creating their own submissions.


C. In connection with User Submissions and using of the site, you further agree that you will not:


a. publish falsehoods or misrepresentations that could damage WikiMapia or any third party;

b. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

c. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant WikiMapia all of the license rights granted herein;

d. post advertisements or solicitations of business;

e. submit false information intentionally;

f. vandalize or corrupt information on WikiMapia;

g. impose an unreasonable load on WikiMapia's infrastructure or interfere with the proper working of WikiMapia;

h. impersonate or defame another person, company, organization, etc.


D. WikiMapia does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and WikiMapia expressly disclaims any and all liability in connection with User Submissions. WikiMapia does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and WikiMapia will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. WikiMapia reserves the right to remove Content and User Submissions without prior notice. WikiMapia will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. WikiMapia also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. WikiMapia may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.


E. You understand that when using the WikiMapia Website, you will be exposed to User Submissions from a variety of sources, and that WikiMapia is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WikiMapia with respect thereto, and agree to indemnify and hold WikiMapia, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

F. All User Submissions of all users and all WikiMapia data are available through WikiMapia Website, WikiMapia API and other current or future WikiMapia services for  non-commercial purposes only: personal or educational. In addition, WikiMapia provides an "map on your page" feature, which you may incorporate into your own personal websites for use in accessing the information on the Website. WikiMapia reserves the right to discontinue any aspect of the WikiMapia Website at any time.

2. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WikiMapia WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WikiMapia, ITS MANAGERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WikiMapia MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WikiMapia WEBSITE. WikiMapia DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WikiMapia WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WikiMapia WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

3. Limitation of Liability

IN NO EVENT SHALL WikiMapia, ITS MANAGERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WikiMapia WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT WikiMapia SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by WikiMapia from its facilities in the United States of America. WikiMapia makes no representations that the WikiMapia Website is appropriate or available for use in other locations. Those who access or use the WikiMapia Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.


4. Modifications


WikiMapia may modify the Terms of Use at any time with or without notice, and You can review the most current version of the Terms of Use online at any time at http://wikimapia.org/terms_reference.html. If a modification is unacceptable to You, then please do not use the WikiMapia Website. If You continue to use the Wikimapia Site, You will be deemed to have accepted the modifications.

Copyright Notice

If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing(please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):


   A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
   C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
   D. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
   E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
   F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Such written notice should be sent to us as follows to email: wikimapia@gmail.com


Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.



Privacy notice

1. Site Activity

A. Non-Account Activity. You can have an access to WikiMapia information without having a WikiMapia Account.
B. Account-Related Activity. Certain other activities on WikiMapia—like using special administrative functions—require you to have a WikiMapia Account. We ask for some personal information when you create a WikiMapia Account, including your email address and a password, which is used to protect your account from unauthorized access.
C. Usage Information. We may record information about your usage, such as when you use WikiMapia, the contacts you communicate with, and the frequency and size of data transfers, as well as information you display or click on in WikiMapia (including UI elements, settings, and other information). If you are logged in, we may associate that information with your account.
D. Content Uploaded to Site. Any personal information that you voluntarily disclose online (on discussion boards, in messages and chat areas, profile pages, etc., except your email address, password and personally identifiable information) becomes publicly available and can be collected and used by others.

2. Privacy

A. If you submit personally identifiable information to us through the WikiMapia Sites, we use your personal information to operate, maintain, and provide to you the features and functionality of the WikiMapia Sites, as well as provide special personalized features to you.

B. Your account name (not your email address) is displayed to other Users when you leave/modify information or send messages through the WikiMapia Sites and other Users can contact you through messages and comments. Any information (but not your email address, password and personally identifiable information) that you submit to the WikiMapia Sites may be redistributed through the internet and other services, and may be viewed by the general public.

C. We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major WikiMapia Site changes or for customer service purposes).

D. We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality, design and security of the WikiMapia Sites and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.

E. We use cookies, clear gifs, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit the WikiMapia Sites; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.

F. We cannot guarantee a person anonymity in case of serious violations of WikiMapia Terms of service section C.

You may, of course, decline to submit personally identifiable information through the WikiMapia Site, in which case you can still make User Submissions and explore the WikiMapia Site, but WikiMapia may not be able to provide certain services to you. Some advanced WikiMapia features may, for authentication and other purposes, require special actions such as verifying your e-mail. The privacy notices of those services govern the use of your personal information associated with them.


Last update 27 October 2007