Terms of Use

Last modified on 31. January 2011

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 Databases.

Use of Service

Any use of Software, WorldIP Databases, 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, Databases 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 Databases

Free versions of WorldIP Databases are 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 Databases can be also used for any business purposes for free. Restrictions of the usage of the Databases (completely or in parts) are:
- may not be used for creating services and products with remote access to these Databases (API),
- may not be also used to develop derivative products for sale.

If you display the results of our Databases, 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 Plugins and Add-ons

WorldIP Add-ons are 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 Add-ons 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 Add-ons 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

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

For "Free"- and "Lite" API there is no daily request limit, but we reserve the right to refuse service to anyone.
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.

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"). You may also not scan the WorldIP Databases via API and/or you may not intentionally create an increased load on our servers, the API data may not be redistributed or sold. Otherwise your account and IP will be deactivated immediately.

The location of the "Free" API server can be changed at any time without notice.
Currency rates are updated several times a day. For information purposes only. WIPmania cannot guarantee the accuracy of the exchange rates.

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 Irish law. Both, we and you agree to submit to the exclusive jurisdiction of the courts of Ireland 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

Before you can access and use the Client Area, you must first create an account. You are the sole owner of this account, and only you can use it. Joint ownership is not permitted and leads to the termination of this account.

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, so that we may take action to prevent financial loss.

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 Ireland or other relevant countries).
We should always be able to contact you by e-mail or phone.

Account Deactivation

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 Terms of Use and Privacy Policy will result in grounds for account termination. Violation of Terms of Use may result in legal action, service charges or a combination thereof.

Any User found to be using WIPmania's servers for spam will be immediately cut-off from use of our services and products.
It is also not permitted to hand over your Keys to other Users, if you do not control the technical part of the site yourself.

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. We shall have no liability to you or any third party because of such termination. 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 or use the button in your Client Area. You can withdraw this consent at any time with effect for the future.

Payment

We want to make payments convenient, so we allow you to make payments using a number of different popular payment methods.
Credit, purchased using any payment method, is valid for an indefinite period of time. There is no limit to the maximum amount of credit per user account.

Services and products are paid from your account funds. There must be sufficient funds available in your account to buy them. You can choose to pay for 1,3,6 or 12 months.
You can add funds using different electronic payment systems(EPS) or bank transfer. Your account will be credited with the amount you paid minus bank/payment system transaction fees. By EPS your account will be replenished immediately, a bank transfer can take from three days to one week.
The paid API requests can not be exchanged for money back, but they can be converted for another API tariff.

As soon as you pay any products or services, an invoice will be generated immediately. In case of AutoBuy function for requests, these payments will be collected and included into one invoice at the end of the billing period.
If you buy the paid API tariff or other paid service/product with periodical release, and if in doing so the Key is used, then it is considered as a subscription service. That is, if you have not stopped the service/Key, the funds will be deducted automatically from your account at the end of the billing period and the invoice will be generated immediately.
If there are not sufficient funds for the next period in your account, the service will be automatically suspended. We will inform you about the lack of funds a two and one weeks before the end of the period.

You can always reclaim the funds in your account except EPS- and bank fees (also in the event you terminate your account), if you have not violated WIPmania's Terms of Use. Any refund will only be issued through the same billing system and to the same billing account, which were used for deposition.

If we terminate your account because you have violated our Terms of Use or any applicable laws, a charge of 25€ will be deducted from your account. The violation of Anti-Spam policy is also unacceptable, will result in the termination of your account immediately, no refund will be issued.

Customers with Irish billing addresses and private Customers (without a valid VAT registration number) with EU billing addresses should add 23% VAT (Ireland's standard VAT rate). For Customers with European Union billing addresses with a valid VAT registration number and for "Rest of World Customers" prices are exclusive of VAT.

WIPmania has the right to change all prices and/or the payment methods at any time without notice to you.
We will not have any liability for transactions, which are incorrect as a result of inaccurate data or information provided by you or, which is otherwise caused by factors outside of our control. We will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind suffered or incurred by you in connection to the online service payment process.

Service Level Agreement

This SLA defines the terms of our responsibility with respect to the services, that we provide and you can receive a refund in the event, that we fail to meet our commitments.

We cannot guarantee the reliability of WorldIP FREE services.

For PAID services, we can always guarantee 99.9% availability of the whole API server system, but not of each server separately.
You have to take care of switching to another server yourself, in case if the main one is currently down.
If the downtime of the whole server system (not of each server separately) will exceed 43 minutes per month, you will receive a refund in the amount of half a monthly rate, that will be entered to your account against future service.

For corporate clients we offer individual SLA conditions.

The following items or situations are exempt from WIPmania's guarantee of availability:

- scheduled maintenance which we have announced at least 24 hours in advance,
- your payments not covering your use, including but not limited to when your subscriptions or prepaid balance run out,
- failures of the internet, factors outside our control, including any event of force majeure,
- third party attacks, including without limitation, hacks, denial of service attacks,
- law enforcement activity,
- violations of WIPmania's Terms of Use and/or Privacy Policy,
- this SLA items are valid to direct clients only,
- due to failure of any equipment provided by you or your provider.

Before you contact us about probable SLA issues, please, check whether the incident was your fault or not.
If it is our fault, inform us in writing through our support ticket in Client Area within 7 days of the exceeding the allowable downtime. The support ticket must include the following data: your server IP addresses, period of time when the whole API server system was down.

All or any part of Wipmania's services may be modified or withdrawn at any time without prior notice. If we do not provide the services for any reason, we will refund any money already paid for them (including bank charges). However, we will not be responsible for compensating you for any other losses you may suffer if we do not provide the services.

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 excess of the limitation stated in this section.

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, 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 Irish and international copyright laws. All rights reserved.

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