Terms of Use

05. December 2008

Welcome to WIPmania.com. These Terms have been created to promote the integrity, security and privacy of WIPmania and User data.

Accepting the Terms

In order to use our Website, services, products and other data you must absolutely agree to this Terms. If you does not accept this Terms, you may not use our services and Database.

Use of Service

Any use of Software, WorldIP Database, API and accompanying documentation from our Website is subject to the Terms of a Software license agreement between you and us. You must read the license agreement and indicate your agreement to its terms prior to installing or using the Software, Database and API. All rights, title and interest not expressly granted are reserved.

1. Content

Content on WIPmania.com is licensed under the Creative Commons Attribution Non-commercial 3.0 License (CC-BY-NC, http://creativecommons.org/licenses/by-nc/3.0/).

2. WorldIP Database

WorldIP Database (country) is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License (CC-BY-NC-ND, http://creativecommons.org/licenses/by-nc-nd/3.0/)

Permissions beyond the scope of this license see below. (Creative Common Plus, http://wiki.creativecommons.org/Ccplus)

The Database can be also used for any business purposes for free and without limitation. Restrictions of the Usage of the Database (completely or in parts) are:
- may not be used for creating services and products with remote access to this Database (API),
- may not be also used to develop derivative products for sale.

If you display the results of our Database, you have to include a link back to Wipmania.com site on your website.
Please contact us if you have any questions or commercial suggestions to us.

3. WorldIP Plugin

WorldIP Plugin is licensed under the Mozilla Public License Version 1.1 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.mozilla.org/MPL/. This program is free software. Software is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.

Alternatively, WorldIP Plugin may be used under the Terms of either the GNU General Public License Version 2 or later (the "GPL"), or the GNU Lesser General Public License Version 2.1 or later (the "LGPL"), in which case the provisions of the GPL or the LGPL are applicable instead of those above. If you wish to allow use of your version of this file only under the terms of either the GPL or the LGPL, and not to allow others to use your version of this file under the terms of the MPL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the GPL or the LGPL. If you do not delete the provisions above, a recipient may use your version of this file under the terms of any one of the MPL, the GPL or the LGPL.

You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA

WorldIP Plugin which you use may automatically download and install updates from time to time from us. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of the Services.

4. Other Software

All programs are free. Software is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.

The Software are used under the Terms of either the GNU General Public License Version 2 or later (the "GPL"), or the GNU Lesser General Public License Version 2.1 or later (the "LGPL"), in which case the provisions of the GPL or the LGPL are applicable instead of those above. If you wish to allow use of your version of this file only under the terms of either the GPL or the LGPL, and not to allow others to use your version of this file under the terms of the MPL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the GPL or the LGPL. If you do not delete the provisions above, a recipient may use your version of this file under the terms of any one of the MPL, the GPL or the LGPL.

You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA

The Software distributed on our Website doesn't collect any personal information. The Software used API sends any information such as IP, hostname, type of browser, its language and version to our servers. We don't distribute spyware. We encourage you to download our Software directly from our Website to avoid potential security risks, such as downloading infected Software.

5. API

API is free for the requests with specifying the URL. There is a daily limit of 10.000 requests. It applies to only one IP-address or domain name. In the request header "Typ" is not allowed to use "plugin" (also as a part of the word such as f.e. "ffplugin" or "eplugin"). After the free allowance is used up, your access to API will be blocked until 12:00am. API is available 24 hours a day, 7 days a week, except for scheduled maintenance, required repairs and other special situations due to causes beyond our control. You may also not scan the WorldIP Database, otherwise your account and IP will be blocked imediately. The API-Dates may not be redistributed or sold.

Legal Terms

We may stop permanently or temporarily providing the services at our sole discretion, without prior notice to you.

The Terms, and your relationship with us under the Terms, shall be governed by Russian law. Both, we and you agree to submit to the exclusive jurisdiction of the courts of Russia to resolve any legal matter arising from these Terms. You also agree, that we shall still be allowed to apply for injunctive remedies or an equivalent type of urgent legal relief in any jurisdiction.

Account Activation

You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the services and products. Accordingly, you will be solely responsible for all activities that occur under your account.

Upon registration, you will receive an e-mail with confirmation of your registration. You must keep your password confidential, so that no one else may access the Services through your account. You must notify us immediately upon discovering any unauthorized use of your account.

You agree to use the services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the Russia or other relevant countries).

Account Deactivation

We reserve the right to refuse or cancel Service in its sole discretion.

We promote a mutually-professional relationship with our Users. Abusive, threatening, obscene or otherwise harassing communications with us, via telephone, e-mail, online chat or other means will result in immediate account termination.

Any violation of the Use of Terms and Policies will also result in grounds for account termination.

We reserve the right to remove any account and block access to our services and products without advanced notice for any reason as we see fit. Violation of the Use of Terms may result in legal action, service charges or a combination thereof. We are the sole and final arbiter as the interpretation of the above-named rules.

If you are dissatisfied with the Website or any of our Terms and Policies, your sole and exclusive remedy is to discontinue using the Website.

To cancel your account you should email us.

Exclusion Of Warranties

Your use of our service and products is at your sole risk. We provides our services and products on an "AS IS" and "AS AVAILABLE" basis and without any warranty of any kind, whether express or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose.
While we make reasonable efforts to maintain our service, many factors are not within our control.

Therefore, we do not warrant, and cannot be held liable for (even if caused by the negligence of us) any loss of data, crashes, non-delivery or misdelivery of information, lack of access, slows response time, or service interruptions or errors or any delay or failure to perform its obligations under these Terms, where such delay or failure results from any cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).

We also do not represent or warrant to you, that your use of the services will meet your requirements, will be uninterrupted, timely, secure, or free from error, any information obtained by you as a result of your use of the services, will be accurate or reliable, the quality of any products, services, information, or other material obtained by you through our service will meet your expectations and that defects in the operation or functionality of any Software provided to you as part of the services will be corrected.

We cannot be held liable for any predicted estimate of profits and do not make any warranty as to the results that might be obtained from the use of our services and products.
You are solely responsible for any content that you create, transmit or display while using the services and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.

Limitation of Liability

We are not liable to you for any direct, indirect, immediately, special, incidental, exemplary, punitive, exemplary or consequential losses which may be incurred by you, also other losses or damages which may be incurred by you, resulting from any loss of use, loss of data, of the advertising on our Website and changes in our services and products, loss of profits or loss of business, litigation or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability or otherwise, arising out of or in any way connected with the use or performance of other sites, with the delay or inability to use other sites, or with the provision of or failure to make available any information, services, products, materials, or other resources contained on other sites, even if advised of the possibility of such damages and regardless of whether we knew, or should have know of the possibility thereof.

Accordingly, you hereby release us from any obligations, liabilities, and claim in exess of the limitation stated in this section.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.

Confidentiality

Because of relationship with WIPmania you may have access to certain information and materials relating to our business plans, services, User information, software technology and marketing plans that may be confidential. You agree to take every appropriate precaution to protect the confidentiality of such information. You shall not use, post, transmit, disclose or reveal in any way to any third party, any confidential information without our prior written consent. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for two years following termination of these Terms with respect to confidential information, which does not rise to the level of a trade secret.

You shall indemnify and hold us harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses, that we may sustain or incur by reason of any breach or alleged breach of these Terms and Policies and for any act or omission of you or your clients which are in any way related to the Service.

Changes and Modify

We may change the information, products, materials, prices and any other resources from time to time without notice to you. We can modify, add or refuse any or all content from our Website, cancel or suspend services for the purposes of maintaining, repairing, or upgrading its systems and network at our sole discretion. We will use best efforts to notify you of it, however at no time is under any obligation to inform you of such maintenance.

We also have the right to revise or change these Terms of Use and Privacy Policy at any time without notice. We are the sole and final arbiter as the interpretation of the above-named rules. Any use of the WIPmania.com after the effective date of such modifications will be deemed as acceptance of these changes by the User of our Website.

Force Majeure

No party shall be liable for any failure to perform its obligations where such failure is as a result of acts of nature (including earthquake, labor disputes, fire, flood, hurricane or other natural disaster), war, civil war, terrorist activities, government sanction, strikes, or interruption or failure of electricity.
The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

Miscellaneous

If one or more provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. Our failure to enforce strict performance of any provision shall not be construed as a waiver. Neither these Terms, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party without our prior written consent.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

Proprietary rights

We own all legal rights, including, without limitation, the intellectual property rights which exist in the services, whether those rights happen to be registered or not, and wherever in the world those rights may exist.

This Website, including design, content, database, graphics, software, technology protected by Russian and international copyright laws. All rights reserved.

Privacy Policy

Security

The security of sensitive, financial information is important to us. We take technical and physical steps to protect sensitive, financial information that you provide to us. In addition, this Website uses industry standard Secure Sockets Layer (SSL) encryption technology to transmit all sensitive information between your web browser and our server. All local storage of personal information is safe guarded with our best effort.

The information that you send through this Website, including e-mail messages, will not be encrypted unless we advise you otherwise. Although our Website has industry standard security measures in place to protect against loss, misuse and alteration of the information that is under our control, we cannot guarantee complete security.

Your Personal Information

We respect and protect your privacy. Your information is kept strictly confidential. We may ask for personal data such as your name and/or e-mail address when you use our Website. We collect basic personal information when you fill out the contact forms or subscribe to our newsletter.
The information we collect is used to improve the content of our Website, used to notify visitors about updates to our Website and is used by us for marketing purposes.
You do not have to provide any personal information on our Website unless you choose to do so.

We will not collect or provide to others any sensitive information like your credit card or social security number. Any information would be disclosed as required by law.

IP-address

Our servers automatically record information that your browser sends when you visit our website. We use also IP addresses to correct the Database. Certain sections of this site log and display your IP-address. IP-addresses are not linked to personally identifiable information and are not secret, many of the websites will record and display IP-addresses. We use IP-addresses to analyze trends and statistics, administer the site and improve our Website for aggregate use.

Your E-Mail

For each visitor to our Website, our Web server automatically recognizes only the User's domain name, but not the e-mail address. Your e-mail we collect only by your registration, will not again used, it is only your entries in the system. We will not sell, license, transmit, share, loan, rent or disclose it to any third parties.
We collect the e-mail addresses of those who communicate with us via e-mail, through our Website.

Cookies

Cookies are pieces of information that your browser stores on your computer's hard drive which identify you when you enter a particular websites. We use session cookies to determine your browser. This information does not identify you personally, but provides you with data, such as the identified number. Cookies allow us to analyze and improve the usefulness of the information at our Websites.
It can be also turned off independently. A rejection of cookies may lead to functions and services will not work properly.

Links to Other Sites

We may provide hyperlinks to other websites or resources that are not owned or controlled by us. We cannot be responsible for the content on other websites, privacy and security, any products or services on these sites. We also cannot guarantee the completeness, accuracy, relevance and timeliness of the information or the resources contained on these or any other websites.
We are also not responsible for any loss and damages that may be incurred by you as a result of the availability of those external sites or resources, or as a result of use of any advertising on these sites.
So your usage of these websites, including the information, services, products, materials, and any other resources contained on them, solely at your own risk.

We welcome your comments or questions about our Websites. If you have any questions or comments regarding this document, please contact us. We can be reached via e-mail at mail @ wipmania.com.