Microsoft® Bing™ Maps Broadcast, Media and Entertainment Terms of Use

Last Updated: May 2018

1. What does this Contract cover? This is a contract between you and Microsoft Corporation ("Microsoft"). Sometimes you are referred to as "Company", "you" or "your" and Microsoft is referred to as "we," "us" or "our". This Microsoft Bing Maps Broadcast, Media and Entertainment Use Terms of Use (the "Broadcast TOU") applies to the Microsoft Bing Maps Platform APIs (the "Services") listed here.


2. Definitions.
Wherever used in this Broadcast TOU with the first letter capitalized, these terms have the following defined meanings:

"Access Credentials" means the unique credentials provided to Company by Microsoft for use with the Services.

"Asset" means one of any of the following classes: vehicle, device or other mobile object.

"Bing Maps Auto Suggest API" means the API that returns information such as place name or address based on partial text string input in order to automatically complete user queries.

"Bing Maps Distance Matrix API" means the API that enables developers to generate and calculate travel time and distance information between various origin and destination locations, but without the routing details.

"Bing Maps Isochrone API" means the API that calculates the geographical area that can be reached for a given travel time or distance. The result is a time or distance based geographical polygon based on routable networks for driving, walking, and public transit.

"Bing Maps Platform APIs" mean collectively the following APIs: Bing Maps Auto Suggest API, Bing Maps Distance Matrix API, Bing Maps Isochrone API, Bing Maps Web Control API, Bing Maps REST Services API, Bing Maps Windows Presentation Foundation Control API, Bing Maps Location Recognition API, Bing Maps Snap to Road API, Bing Maps Truck Routing API, and Bing Spatial Data Services API, including any successors or future versions of such APIs, and any other Bing Maps Platform APIs that Microsoft may offer via the SDKs.

"Bing Maps Location Recognition API" means the API that, following an input of coordinates, returns business listing info, points of interest data and address associated with such coordinates.

"Bing Maps REST Services API" means the services that enable the use of REST URLs to perform tasks such as creating a map with pushpins, geocoding an address, retrieving imagery metadata or calculating a route, all as part of Broadcast Applications, as described in greater detail in the SDKs.

"Bing Maps Snap to Road API" means the API that takes a list of longitudes and latitudes and returns a list of objects containing longitude, latitude, speed limit, and street names that forms a route snapped to the roads on the map. Users can request that the points be interpolated, resulting in a path that smoothly follows the geometry of the road.

"Bing Maps Truck Routing API" means the API that gets a truck driving route by specifying a series of geographical location defined by longitude and latitude that is used for navigational purposes. The route includes information such as route instructions, travel duration, travel distance. The API takes into consideration specific requirements for trucks and larger vehicles, e.g. avoiding low bridges, sharp turns, steep gradients, or following restrictions and permits for hazardous material.

"Bing Maps Web Control API" means the Bing Maps Java Script API that enables developers to create Web sites and mobile Broadcast Applications with imagery and location functionality into Broadcast Applications, as described in greater detail in the SDKs. The Bing Maps Web Control API was previously known as the Bing Maps AJAX Control.

"Bing Maps for Windows Store Apps API" means the programmable control that enables developers to create immersive Windows Store Apps Company Applications for Windows offered through the Windows Store, as described in greater detail in the SDKs.

"Bing Maps Windows Presentation Foundation Control API" means the programmable control that enables developers to integrate Bing Maps into Broadcast Applications that use Windows Presentation Foundation, as described in greater detail in the SDKs.

"Bing Spatial Data Services API" means the services that enable the use of REST URLs to geocode and reverse-geocode large sets of spatial data and to create and query data sources in Broadcast Applications, as described in greater detail in the SDKs.

"Broadcast Application" means the Company’s software application(s) that use the Services for broadcast use.

"Content" means the Road Maps; Imagery and other data and third party content that Company is authorized to access via the Services.

"Imagery" means the Content provided through the Services of type "Aerial" and "Hybrid" that Company is authorized to access via the Services.

"Road Maps" means the Content provided through the Services of type "Road Map" that Company is authorized to access via the Services.

"SDKs" means the software development kits applicable to the Services, located here, including all updated and replacement development kits.

"Services" means the Bing Maps Platform APIs to be provided by Microsoft.

"Traffic Data" means road traffic data contained in the Services.

3. Broadcast, Media and Entertainment Use:
3.1 Content Broadcast Use. Subject to the terms of this Broadcast TOU, you may use the Imagery in the Services with television programming and the Road Maps in the Services with television programming, media and entertainment use, all free of charge. You may only use the Services to provide graphics, imagery, animations and/or video showing the Services that are intended to be viewed by end users who are unable to interact with the final graphics, imagery and/or video. You may use the Services solely in conjunction with and integrated into Broadcast Applications using only methods and means of access that are documented in the SDKs or in this Broadcast TOU. The media incorporating the Road Maps content from the Services may be stored, recorded, distributed, and redistributed both online and offline for television broadcast, media and entertainment use (including movies and similar scenarios), except for Road Maps of France, Australia, Czech Republic, Switzerland and Japan. The media incorporating the Imagery content from the Services may be: a) recorded, distributed and redistributed online as part of television broadcasts and b) stored and distributed offline for television broadcast purposes only, except for Road Maps in type "Hybrid" of France, Australia, Czech Republic, Switzerland and Japan. Additional rights may only be obtained by written agreement with Microsoft. All use of the Services other than for broadcast, media or entertainment are governed by the Bing Maps Platform APIs’ Terms of Use. Please note that we do not provide warranties for the Services. This Broadcast TOU also limits our liability. These terms are in Sections 5.6 and 5.7 and we ask you to read them carefully.


4. Content Attribution Requirements: The following content provider attribution must be adhered to:

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 Services, you must prominently display the source of the Content as a text string with the Services at all times. Please refer to the image below as an example of an acceptable way to attribute source data with a text string:
Bing Maps Content Attribution Example


5. General Terms for use of the Services under the Broadcast TOU.
5.1 General Restrictions. In using the Services and developing Broadcast Applications you must: obey the law (including local, state, federal or other applicable consumer privacy regulations); not violate the rights of any third party; and obey any codes of conduct or other notices we provide. We may use technology or other means to protect the Services that you will not circumvent. These means may include, for example, filtering to increase security. Microsoft may, in its sole discretion, limit the: (i) rate at which the Services, or any subset of it, may be called, (ii) amount of storage made available to each Services account, or (iii) length of individual content segments that may be uploaded to, or served from, the Services (all of the foregoing being forms of "Throttling"). We do have some restrictions on your use of the Services. In developing Broadcast Applications, and in using the Services, you may not, nor may you permit your customers to:

5.2 Account Access. We require use of Access Credentials and a broadcast key, to use the Services, and require use of transaction tracking and/or session tracking methods for all uses of the Services, as described in the applicable SDKs. Company will use the Access Credentials to: (a) access the Services, and (b) access an administrative customer service site. Company will not make its Access Credentials available to any third party except a third party authorized to act on its behalf. Company is responsible for all use of the Services through its Access Credentials. Company will promptly notify us if it learns of a security breach related to your Access Credentials and use of the Services.


5.3 Privacy. Microsoft may collect information such as, but not limited to, an end user’s IP address, requests, time of submissions and the results returned to the user, in connection with transaction requests to the Services. All access to and use of the Services is subject to the data practices set forth in the then-current Microsoft Online Privacy Statement, a current copy of which is available at http://privacy.microsoft.com.


5.4 Intellectual Property and Reservation of Rights. Microsoft and its suppliers retain all right, title and interest in and to the Services, Content, the SDKs and all intellectual property rights therein, except for the limited rights expressly granted herein. This Broadcast TOU does not grant Microsoft any right or license to any Company Application or Company intellectual property including intellectual property that Company has licensed from third parties. 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 Services (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 Services, and sublicense these rights to others in order to provide the Services. We may refuse to publish and may remove your Submission from the Services at any time. For every Submission you make, you must have all rights necessary for you to grant the permissions in this section.


5.5 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 Broadcast TOU. 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.


5.6 We Make No Warranty. We provide the Services and Content "as-is," "with all faults", "as available" and without warranty of any kind. To the maximum extent permitted by law, any and all representations, warranties or conditions of any kind whatsoever (including, but not limited to, implied or statutory warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy or satisfactory quality), all with regard to the Services and any Content, are expressly excluded. Microsoft makes no warranty that the Services will operate properly as integrated with the Broadcast Applications, that the Services will be uninterrupted, or that any Content will be accurate or complete. Microsoft specifically disclaims any liability for end users’ reliance on the Services. Without limiting the foregoing, Microsoft shall have no liability for harm to end users resulting from reliance on any map or direction provided hereunder.


5.7 Liability Limitation. You can recover from Microsoft only direct damages up to an amount equal to fees you have paid to us for the Services for one month. Neither party nor its suppliers will be liable for any indirect damages, (including, without limitation, consequential, special or incidental damages, damages for loss of profits or revenues, business interruption, or loss of business information) arising out of or related to the Services, Content, or Broadcast TOU even if advised of the possibility of such damages or if the possibility was reasonably foreseeable.


5.8 Changes to the Services; Cancellation or Suspension of the Services; Audit. We may change, cancel or suspend your use of the Services at any time. Some changes to the Services may cause existing Broadcast Applications to stop working. Our cancellation or suspension may be without cause and/or without notice. Upon Services cancellation, your right to use the Services stops right away. Once the Services are cancelled or suspended, any data you have stored on the Services may not be retrieved later. Microsoft reserves the right to verify your compliance with this Broadcast TOU.


5.9 General Legal Terms.