Using our website requires that you abide by the following Terms and Conditions. This document is an important part of using the website, and as noted below, we highly recommend you read and fully understand the agreement in order to use the website and services offered.
The Site provides, among other things, an online marketplace for uploading and downloading Content and is generally divided into a public section and a private section. The public section offers to all visitors, among other things, general information about the Site and Panoramic Images, the ability to view Content on the Site, a search engine to search for Content on the Site, the ability to view and post comments on the Site, and a process by which visitors can create an account to access the private areas of the Site for downloading and uploading Content. User Members When a visitor to the Site registers to create an account to download Content, the visitor will become a “User Member”. The User Member will select an available user name (“Member Name”) and a corresponding user password (“Membership Password”) to create a unique, personal membership account (a “Membership Account”). The User Member shall also be required to specify whether he or she is registering as an individual or on behalf of a company or entity (and, if so, the name of the company or entity). A User Member shall download Content only through his or her Membership Account, and such Content shall be subject to a separate Content License Agreement. Applicable royalty rates for sublicenses granted to User Members who download Content shall be in accordance with the Site's Standard pricing and payment policies.
You shall not upload or post onto the Site, or use the Site to transfer, any Content or other material or content that contains or constitutes viruses, worms, Trojan horses or other code with malicious, disruptive and/or destructive features. You shall not attempt to gain unauthorized access to any hardware or software systems or networks associated with the Site, or obtain any services or information not intentionally made available to you by Panoramic Images on or through the Site. You shall not attempt to gain unauthorized access to the Membership Account of any other person or entity, or otherwise interfere with any other person's or entity's use, of the Site. You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Site, including, without limitation, with respect to the origin or source of any Content or other material or content that you upload or any identifying information for your Membership Account. You may not use the Site in a fraudulent manner, or otherwise in a manner for which the Site is not reasonably intended to be used. Without limiting the generality of the foregoing, you will not download Content for the primary purpose of artificially inflating the ranking of a given Content contributor or for the primary purpose of artificially triggering payments to a Content contributor. A Content contributor, or someone else on his/her behalf, may not download Content that such contributor has uploaded.
If you are a copyright owner or an agent thereof and believe that any Content or other content on the Site infringes upon your copyrights or other intellectual rights, you may submit a written communication to Panoramic Images at email@example.com. Such communication must contain the following information:
You acknowledge and agree that Panoramic Images has no obligation to review any Content or other material or content uploaded or posted onto the Site, and shall have no responsibility for any such Content or other material or content. Panoramic Images shall have the right, in its sole discretion, to accept or deny, delete, move or edit any Content or other material or content uploaded or posted onto the Site. If you upload or post any Content or other material or content onto the Site, or any Content or other material or content is uploaded or posted onto the Site using your Membership Name or otherwise through your Membership Account, you remain solely responsible for such Content or other material or content. Panoramic Images reserves the right, in its sole discretion, to change or discontinue any or all of the services on the Site at any time. You acknowledge and agree that Panoramic Images has no obligation to make, or continue to make, the Site or any particular portion or related service available to you (whether or not such unavailability is voluntary on the part of Panoramic Images).
Transactions on the Site for downloading Content shall be conducted using the approved payment methods in accordance with Panoramic Images's standard pricing and payment policies. If you purchase any Content by using a credit or charge card or an online payment account, you warrant that you are the cardholder or account holder and that the billing information provided is accurate, and you authorize Panoramic Images to charge the designated credit or charge card or online payment account for the total amount of the purchase, including any sales or similar taxes. All purchases are final and non-refundable.
You acknowledge and agree that you are to keep confidential the Membership Name and Membership Account provided to you by Panoramic Images, and the Membership Password selected by you and approved by Panoramic Images for use with such Membership Name and Membership Account. Your Membership Name, Membership Account and Membership Password are personal to you and may not be shared with, or transferred to, any other person or entity.
You acknowledge and agree that you will be solely responsible for each and every use of your Membership Account, Membership Name and corresponding Membership Password, and that Panoramic Images may rely on the use of your Membership Account, Membership Name or Membership Password as conclusive evidence that you have used the Site. Panoramic Images will not be liable for any losses whatsoever caused by any unauthorized use of your account or other breach of the security of your account, however, you may be liable for the losses of Panoramic Images or others due to such unauthorized use or breach of security.
Your use of the Site is entirely at your own risk. You agree that neither Panoramic Images nor its affiliates, nor any of their respective officers, directors, employees, members, owners, agents, representatives, licensors and (sub)licensees (other than yourself, as applicable), shall be liable for any damages, whether direct, incidental, indirect or consequential, arising from any use by you of the Site, even if such parties have been advised, or advised of the possibility, of such damages, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (I) ERRORS OR OMISSIONS IN CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, OR (V) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR ACCESS OR USE OF THE SITE OR THE CONTENT OR OTHER MATERIALS. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT PANORAMIC IMAGES NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, OWNERS, AGENTS, REPRESENTATIVES, LICENSORS AND (SUB)LICENSEES (OTHER THAN YOURSELF, AS APPLICABLE) SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THE SITE AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. FOR CLARIFICATION PURPOSES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, PANORAMIC IMAGES MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WWW.PANORAMICIMAGES.COM WEBSITE OR THE SERVICES ON THE WWW.PANORAMICIMAGES.COM WEBSITE, OR ANY CONTENT OR OTHER MATERIALS AVAILABLE ON THE WWW.PANORAMICIMAGES.COM WEBSITE, INCLUDING THAT ANY ERRORS OR DEFECTS IN THE SITE OR THE CONTENT OR OTHER MATERIALS WILL BE CORRECTED, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF COPYRIGHT, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS OR FREEDOM OF ANY SERVICES, OR ANY CONENT OR OTHER MATERIALS FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE WITH MALICIOUS, DISRUPTIVE AND/OR DESTRUCTIVE FEATURES.
Panoramic Images shall have no responsibility for any Content or other material or content uploaded or posted onto the Site, including, without limitation any material or content uploaded or posted by any Member onto the Site in any forum or as any comment to a web log.