Terms and Conditions

Effective Date: June 2026

Welcome to Mapiary ("Mapiary," "we," "us," or "our"), accessible at mapiary.com (the "Platform"). Mapiary operates a digital marketplace that enables users to upload, sell, and purchase user-generated photos, videos, and related media content ("Content"), including Content associated with specific real-world locations. By accessing or using the Platform, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, you must not use the Platform.

1. Definitions

"Platform" means the Mapiary website, applications, and services.

"Content" means all photos, videos, audio, and media uploaded to the Platform.

"Contributor" or "Seller" or "Bee" means any user who uploads and offers Content for sale.

"Buyer" means any user who purchases Content.

"Listing" means a piece of Content made available for purchase.

"Location Tag" means any association of Content with a real-world business or location, including via address or place name.

2. Eligibility and Accounts

You must be at least 18 years old and capable of forming a legally binding contract to use the Platform. You agree to provide accurate and complete registration information, maintain the security of your account credentials, and accept full responsibility for all activities under your account. Mapiary reserves the right to suspend or terminate accounts at its sole discretion.

3. Platform Role

Mapiary is a neutral marketplace platform that facilitates transactions between Contributors and Buyers. Mapiary does not create, commission, or control Content, does not verify ownership, legality, or accuracy of Content, and is not a party to transactions between users. All transactions and interactions are solely between Contributors and Buyers.

4. Content Ownership and License to Mapiary

4.1 Ownership. Contributors retain ownership and copyright of the Content they upload.

4.2 License to Mapiary. By uploading Content to the Platform, you grant Mapiary a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, adapt, publish, translate, and display the Content; distribute and make the Content available to Buyers; and use the Content for marketing, advertising, and promotional purposes. This includes the right to use Content on Mapiary's website and platform, on social media channels, in digital and physical advertising, in promotional materials and emails, and across any media formats or channels now known or later developed. You acknowledge that you are not entitled to compensation for such use by Mapiary, Mapiary is not required to provide attribution, and this license continues even if your Content is removed or your account is terminated.

5. Contributor Representations and Warranties

By uploading Content, you represent and warrant that you own all rights, title, and interest in the Content or have obtained all necessary licenses, rights, consents, and permissions; you have secured all necessary releases including model releases for identifiable individuals and property releases where applicable; you have rights to all elements included in the Content including audio, music, logos, trademarks, and artwork; the Content does not infringe any copyright, trademark, or other intellectual property rights; the Content does not violate any privacy, publicity, or contractual rights; and the Content complies with all applicable laws and regulations. Mapiary does not verify any of the above and expressly disclaims all responsibility for verifying ownership or rights.

6. Location Tagging and Business Association Disclaimer

The Platform allows Content to be associated with real-world businesses or locations through Location Tags. Contributors are solely responsible for the accuracy of Location Tags. You acknowledge and agree that Location Tags may be inaccurate, incomplete, or misleading; businesses referenced in Content are not affiliated with Mapiary unless explicitly stated and have not necessarily approved, endorsed, or authorized the Content; and Mapiary makes no representations regarding the accuracy of Location Tags or the relationship between Content and any business. Mapiary disclaims all liability arising from the use of Location Tags or inaccurate location information.

7. Marketplace and Payments

7.1 Pricing. Contributors set the amount they wish to receive from each sale of their Listing (the "Contributor Payout Amount"). The minimum Contributor Payout Amount is $1 and there is no maximum. Contributors keep 100% of the Contributor Payout Amount for each completed sale.

7.2 Buyer Price. Mapiary automatically calculates the final purchase price displayed to Buyers by adding Mapiary's 20% commission and the payment processing fee on top of the Contributor Payout Amount. The buyer-facing price shown on the Platform is the final all-in price. Mapiary reserves the right to modify its commission structure or fee calculation at any time with 30 days notice to existing users.

7.3 Payments and Payouts. Payments and payouts are securely processed by Mapiary's payment partner, Stripe. Contributors must complete onboarding with our payment partner to receive payouts. First payouts on a newly onboarded account may take 7–14 days while our payment partner completes its standard verification. Mapiary is not responsible for payment processing errors or delays. Contributors are responsible for any applicable taxes, reporting, and compliance obligations related to their earnings.

7.4 Refunds. All sales are final once Content has been downloaded. Mapiary does not offer refunds except where required by applicable law.

8. License Granted to Buyers

Upon purchase, Contributors grant Buyers a perpetual, worldwide, non-exclusive, irrevocable license to use, reproduce, distribute, display, and perform the Content; modify, edit, adapt, and create derivative works; and use the Content for commercial, advertising, and promotional purposes across all media formats and channels, now known or later developed. Unless explicitly stated otherwise, no attribution is required, the Content may be used indefinitely, and the Content may be licensed to multiple Buyers. Buyers are responsible for ensuring their specific use of purchased Content complies with all applicable laws, including laws relating to identifiable individuals, trademarked elements, and regulated industries.

8.1 Survival of Buyer License. The license granted to a Buyer upon a completed purchase is perpetual and irrevocable and survives, without limitation, the removal of the Content from the Platform by the Contributor, the deletion, suspension, or termination of the Contributor's account (whether by the Contributor or by Mapiary), the Buyer's own account deletion or termination, and any modification or discontinuation of the Platform. Mapiary will continue to make previously purchased Content available for download to the Buyer through the Buyer's purchase library for as long as reasonably practicable. Buyers are encouraged to download and retain their own copies of purchased Content.

9. No Guarantee of Exclusivity

All Content on the Platform is non-exclusive. Mapiary does not guarantee uniqueness of Content or that Content will not be sold to other Buyers.

10. Prohibited Content

Contributors may not upload, sell, distribute, or monetize Content that:

(a) contains nudity, sexually explicit material, adult services, pornography, or other adult-only content;

(b) infringes or violates another person’s or organization’s intellectual property rights, copyrights, trademarks, publicity rights, privacy rights, or any other proprietary rights;

(c) contains copyrighted material that the creator does not own or does not have the legal right to license;

(d) promotes, supports, glorifies, or encourages violence, terrorism, violent extremism, hate speech, discrimination, or harassment directed at individuals or groups based on race, ethnicity, religion, nationality, disability, age, gender, gender identity, sexual orientation, or any other protected characteristic;

(e) contains illegal, fraudulent, misleading, deceptive, or otherwise unlawful content;

(f) violates any applicable laws or regulations;

(g) contains unlicensed audio, music, or third-party materials;

(h) depicts individuals without appropriate consent or misrepresents the location where the Content was captured; or

(i) was downloaded, copied, or repurposed from another website, platform, or creator without explicit permission.

Contributors are solely responsible for ensuring they own or have the legal right to license every asset uploaded to the Platform and have obtained any necessary permissions, releases, or clearances before listing Content for sale. Mapiary reserves the right to remove Content at its sole discretion without notice or liability.

11. Enforcement & Repeat Violations

Mapiary enforces these Terms at its sole discretion. We reserve the right to:

(a) review reported or suspected content;

(b) remove or disable access to content that violates these Terms;

(c) suspend or withhold payouts while investigating suspected violations;

(d) issue warnings for minor or first-time violations where appropriate;

(e) temporarily suspend creator accounts;

(f) permanently terminate accounts for serious or repeated violations; and

(g) cooperate with law enforcement or rights holders where legally required.

Repeat Violator Policy. Mapiary maintains a repeat violator policy. Users who repeatedly upload content that infringes intellectual property rights, violates these Terms & Conditions, or otherwise breaches Mapiary's policies may have their content removed, their payouts suspended, their account temporarily suspended, or their account permanently terminated. Mapiary reserves the right to determine appropriate enforcement measures based on the nature, severity, and frequency of violations.

12. Content Quality Standards

Mapiary reserves the right to remove Content that does not meet minimum quality standards, including severely blurred or out-of-focus images, content with visible watermarks from other platforms, and content that is clearly misrepresented in its description or location tag.

13. Copyright Policy and Takedowns

Mapiary respects intellectual property rights. If you believe Content infringes your rights, you may submit a notice to mapiaryteam@gmail.com including identification of the copyrighted work, location of the allegedly infringing Content, your contact information, and a statement of good faith belief. Mapiary may remove Content and suspend accounts without liability.

14. Disclaimers

The Platform is provided on an "as is" and "as available" basis. Mapiary makes no warranties, express or implied, including as to accuracy, reliability, or legality of Content, fitness for a particular purpose, or non-infringement. Mapiary does not guarantee uninterrupted or error-free operation.

15. Limitation of Liability

To the maximum extent permitted by law, Mapiary shall not be liable for any indirect, incidental, consequential, or punitive damages, loss of profits, revenue, or data, or claims arising from Content uploaded, sold, or purchased on the Platform. Mapiary's total liability shall not exceed the total amount paid to Mapiary in the twelve months preceding the claim.

16. Indemnification

You agree to defend, indemnify, and hold harmless Mapiary and its affiliates from any claims, damages, liabilities, and expenses arising out of your Content, your use of the Platform, your violation of these Terms, or any infringement of intellectual property or other rights. This obligation survives termination of your account.

17. Termination

Mapiary may suspend or terminate your account at any time, without notice, for any reason, including violation of these Terms.

Termination or deletion of a Contributor's account, or the removal of a Listing by the Contributor or by Mapiary, does not revoke, cancel, or otherwise affect any license previously granted to a Buyer under Section 8. Purchased Content and the associated Buyer license remain valid in perpetuity, and Mapiary may retain the underlying Content files as necessary to honor Buyer access to previously purchased Content.

18. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

19. Changes to Terms

Mapiary reserves the right to modify these Terms at any time. Continued use of the Platform constitutes acceptance of the updated Terms. Material changes will be communicated via email.

20. Contact

Mapiary

mapiaryteam@gmail.com