PanoHost Terms & Conditions of Use

By accessing or using the PanoHost services (together, the "Products" or "Services"), or accessing or using any of the content available within PanoHost, you agree to be bound by the PanoHost Terms & Conditions of Use.

1. Use of the Products

PanoHost grants you a non-exclusive, non-transferable license to access the PanoHost web and Mobile App services, and to access the Content (as defined below) contained therein and according to the Terms.

2. Restrictions on Use

Unless you have received prior written authorization from PanoHost (or, as applicable, from the provider of particular Content), you must not:

  • access or use the Products or any Content through any technology or means other than those provided in the Products, or through other explicitly authorized means PanoHost may designate;
  • copy, translate, modify, or make derivative works of the Content or any part thereof;
  • redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Products or Content available to third parties;
  • reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by applicable law;
  • use the Products in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to images, photos, thumbnails, image tiles, or panoramic photos in any other format;
  • crawl, scrape, or otherwise cache any content from PanoHost including but not limited to user profiles and panoramas;
  • access PanoHost’ private API by any other means other than the PanoHost Mobile App itself or the panohost.in website;
  • delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Products or the Content;
  • modify, adapt or hack PanoHost or modify another website so as to falsely imply that it is associated with PanoHost.
3. Appropriate Conduct

Compliance with the Law and PanoHost Policies: You agree that you are responsible for your own conduct and content while using the Products, and for any consequences thereof. You agree to use the Products only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines PanoHost may make available. You further agree that you are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, links ("Content") that you submit, post, and display on the PanoHost service.

By way of example, and not as a limitation, you agree that when using the Products or the Content, you will not:

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;
  • upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;
  • upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements;
  • upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Product policies or guidelines;
  • download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner;
  • impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of Content, software or other material;
  • restrict or inhibit any other user from using and enjoying the Products or PanoHost services;
  • interfere with or disrupt PanoHost services or servers or networks connected to PanoHost services, or disobey any requirements, procedures, policies or regulations of networks connected to PanoHost services;
  • use any robot, spider, site search/retrieval application, or other device to retrieve any portion of the PanoHost services or Content, or collect information about users for any unauthorized purpose;
  • submit content that falsely expresses or implies that such content is sponsored or endorsed by PanoHost;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • promote or provide instructional information about illegal activities;
  • promote physical harm or injury against any group or individual; or
  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
4. Advice for Parents

PanoHost care about the safety and privacy of all its users, in particular children. Parents certify that they are at least 18 years of age if they have children under the age of 13 who are allowed to access areas of PanoHost, and that they are the legal guardian of the child/children, and give the child permission to access PanoHost. PanoHost ask you, as the legal guardian, to determine whether any PanoHost content is not appropriate for your child.

5. Content monitoring

Content monitoring: PanoHost does not accept any obligation to monitor the content from any third party.

6. Content in the Products

PanoHost allows you to access and view a variety of content, including but not limited to photographic imagery, map and terrain data, business listings, and other related information provided by PanoHost, its licensors, and its users (the "Content"). You understand and agree that PanoHost and/or its licensors and users retain all ownership rights to the Content. You may not use, access or allow others to use or access the Content in any manner not permitted under the Terms, unless you have been specifically permitted to do so by PanoHost or by the owner of that Content, in a separate agreement.

7. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
  • PANOHOST AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR THE PRODUCTS.
  • PANOHOST AND ITS LICENSORS DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE CONTENT AND THE PRODUCTS, AND WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM YOUR USE OF THE CONTENT OR THE PRODUCTS.
8. Terms & Conditions of Use for Photographers
  • PanoHost undertakes to:
    • take all standard precautions to protect your work at PanoHost’ site;
    • show your name by the image on PanoHost and PanoHost subsidiary websites, and, where possible and appropriate, anytime your image is sold;
    • pay you a commission at a minimum quarterly via the payment method of our choice of 40% of gross proceeds from any sale of image licensing rights or image prints;
    • provide you access to PanoHost’ site for editing and uploading and to provide access to site traffic statistics;
    • implement all reasonable measures to protect your images against unauthorized copying or use.
  • PanoHost acknowledges that you retain the right to use images provided to PanoHost for the purpose of advertising or promoting your work.
  • You represent and warrant that all Images you publish on PanoHost’ site are free from legal claims, do not misrepresent, defame or violate the right of privacy of any third party and do not knowingly infringe on any copyrights or trademarks.
  • You agree that PanoHost may include advertisements paid to PanoHost and/or third parties, some of which are necessary for PanoHost to provide services. You agree that PanoHost may include communications of any kind, and that these communications are considered part of PanoHost membership and you will not be able to opt out of receiving them.
  • Some of the PanoHost Services are supported by advertising revenue and may display advertisements and promotions, the revenue of which is not shared with you unless you have an active PRO account. You hereby agree that PanoHost may place such advertising and promotions on the PanoHost Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  • You will retain copyright of your images. You agree that PanoHost will have a non-exclusive indefinite right to use and license any of your images published on PanoHost’ site to third parties as described in this agreement. You may, if you choose, designate certain images as not available for commercial licensing unless special permission is received from you by PanoHost.
  • With respect to content you make available on PanoHost, you grant PanoHost worldwide, royalty-free, perpetual, irrevocable and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display (in whole or in part) and to incorporate into other works in any format or medium now known or later developed.
  • When you upload a panorama to PanoHost, either via the web or via the Mobile App, your panorama can potentially be viewed by anybody on the Internet at PanoHost.net and PanoHost subsidiary websites, in our platform partners’ websites, and in other websites via the PanoHost embedding feature. Moreover, once an image is public, third parties can make copies of it and keep them forever.
  • If you create a panorama with the Mobile App and choose not to upload it, it will remain in your mobile device only, and we will not access it or share it anywhere without your consent.
  • If you assign a panorama to a mission via the Mobile App and then remove the panorama from PanoHost.net, the panorama may remain visible as part of the mission, although not linked to you in any way.
  • You acknowledge that PanoHost has the right to distribute all your images that are published and publicly displayed on PanoHost to PanoHost’ platform publishing partners, irrespective of whether certain images among the total have been removed from availability for commercial licensing. The list of PanoHost’ platform publishing partners presently includes Google, Oculus, and Flipboard.com. You acknowledge that this list may expand or contract in the future at PanoHost’ discretion without prior notice. You acknowledge that if you unpublish or make otherwise unavailable any images from PanoHost’ website, these images may not be removed from PanoHost’ platform publishing partners’ sites for up to 60 days. Further, you acknowledge that PanoHost, if it so chooses, may on occasion use your mage or images, or portion of your image, in its own marketing and promotional communications such as in banner ads, brochures, emails, other social media websites like Facebook etc.
  • If you remove information that you have posted to PanoHost, including panoramas, copies may remain viewable in cached and archived pages of the Service or its Partners, or if other Users or third parties have copied or saved that information.
  • Following termination or deactivation of your account, PanoHost may retain information (including your profile information) and panoramas for a commercially reasonable time for backup, archival, and/or audit purposes.
  • PanoHost performs technical functions necessary to offer the PanoHost Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the PanoHost Services.
  • Although the Site and other PanoHost Services are normally available, there will be occasions when the Site or other PanoHost Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of PanoHost. Also, although PanoHost will normally only delete Content that violates this Agreement, PanoHost reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by PanoHost in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, PanoHost encourages you to maintain your own backup of your Content. In other words, PanoHost is not a backup service. PanoHost will not be liable to you for any modification, suspension, or discontinuation of the PanoHost Services, or the loss of any Content.
  • You represent and warrant that you have read and understand this Agreement and have the legal right to enter into this Agreement and perform your obligations hereunder.
  • Indemnity: By using PanoHost you agree to indemnify and hold PanoHost and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you make available through PanoHost.
  • These Terms & Conditions of Use for Photographers take effect at the moment you sign up for PanoHost or download the PanoHost Mobile App and stays in force until canceled by either party. The parties agree that the laws of the Netherlands will regulate their relationship or any disputes arising from this agreement. PanoHost has the right to modify the terms of this agreement at any time without prior notice.
9. Terms and Conditions of Use for Paid Account Service

(The following applies only if you have a PanoHost PRO, PLUS or COMPANY account.)

You may use the PanoHost Paid Account Service in accordance with the following Paid Account Service Terms and Conditions of Use:

  • Subscriptions
    • The Paid Account Service will be available only to users who register for a free trial (when available) or for a subscription to the Paid Account Service ("Subscription") and who pay in full the Subscription fees ("Subscription Fees") applicable to the level of Subscription you select (the "Subscription Plan").
    • PanoHost currently accepts PayPal (http://www.paypal.com) payments only. The various Subscription Plans PanoHost offers and the services, features and Subscription Fees applicable to such Subscriptions may be reviewed at http://panohost.in By subscribing, you agree to pay all applicable Subscription Fees and other charges in accordance with the particular Subscription Plan you select. Please note that the foregoing does not apply to the termination of your account in accordance with Section d) below.
    • When you first register for the Paid Account Service with PanoHost, you must either provide valid payment details via PayPal, which we will use to charge your PayPal account for the Subscription Fee applicable to the Subscription Plan selected by you, or, if you do not have a PayPal account, pay by credit card via a PayPal Payment Request. In each case, your Subscription period will begin immediately when PanoHost receives the required Fee.
    • The Paid Account Service is intended for the use of individual PanoHost account holders for the limited distribution of panoramas. The Paid Account Service is not intended for broad commercial use by large commercial sites and services, and PanoHost, in its sole discretion, reserves the right to limit, suspend or terminate your use of the Paid Account Service if PanoHost determines your use of the Paid Account Service is a misuse of the Paid Account Service. Only one account per one physical person is allowed except where stated otherwise.
  • Term and Upgrades
    • All Subscriptions are provided for a one (1) year term, WHICH TERM WILL AUTOMATICALLY RENEW EACH YEAR FOR AN ADDITIONAL ONE (1) YEAR TERM UNLESS THE SUBSCRIPTION IS TERMINATED AND/OR CANCELED BY YOU OR PanoHost PRIOR TO THE END OF SUCH ANNUAL TERM. Upon such renewal, the PayPal account designated in your PanoHost account will be billed the applicable Subscription Fee then in effect at the time of renewal, or you will receive a PayPal Payment Request if you do not have a PayPal account.
    • If you notify PanoHost (via the dashboard accessible from your PanoHost account at http://panohost.in/dashboard) that you wish to upgrade to a higher subscription level (if available), then the PayPal account designated in your PanoHost account will be billed for the difference in price, prorated for the remainder of your term.
  • Interruptions or Discontinuation of Hosting Services; Changes to Hosting Services and Terms of Service.
    • PanoHost reserves the right at any time, in its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the Paid Account Service, or portions thereof; and the Subscriptions and Subscription Plans, including making changes to any policies, features and terms applicable thereto.
    • If the Paid Account Service, or any part thereof, to which you subscribe are permanently discontinued or canceled by PanoHost, your Subscription will terminate, and we will have no further liability to you.
    • In addition, there may be occasions when the Paid Account Service is interrupted such as for maintenance, upgrades, system or equipment failure or otherwise. PanoHost WILL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE HOSTING SERVICES FOR ANY REASON, OR FOR ANY LOSS OF OR INABILITY TO ACCESS ANY PHOTOS OR OTHER MEDIA OR MATERIALS STORED ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR MAKING AND SAFEKEEPING, BACKUP COPIES OF PHOTOS OR OTHER MEDIA OR MATERIALS YOU POST TO THE SITE.
  • Termination of Services
    • You may request termination of a Subscription at any time. When PanoHost receives your termination request, PanoHost will terminate your Subscription. PanoHost will notify you of termination via email. A Subscription is not terminated in this manner until you receive confirmation of termination from PanoHost. Additionally, PanoHost may terminate a Subscription, or any user's access to and use of the Site or the Paid Account Service, at any time at its sole discretion, which termination shall be effective immediately.
    • All Subscription Fees are nonrefundable, and upon termination, cancellation or discontinuation of a Subscription for any reason, you will not receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription.
    • Upon termination or downgrade, some of the content you have stored on the Site may be unpublished and no longer publicly available. Such content will however still be available in your account, should you decide to apply for a new Subscription in the future.
    • You may change your email or PayPal account information for your account by using the account dashboard. If the PayPal account designated on your account is invalid and cannot be billed for the renewal Subscription Fee, then PanoHost may terminate your Subscription for nonpayment. If PanoHost does not have a current, working email address, then you may not receive important notices from us regarding your account, which may include notices regarding termination.
  • Pricing and Payment Terms
    • All prices are listed in US Dollars (USD) and are valid until altered by PanoHost.
    • PanoHost currently only accepts payments via PayPal. PanoHost reserves the right to change the payment methods it accepts at any time without notice. If we are unable to process a payment using your PayPal account on file, we may, but are under no obligation to, contact you using your email address on file to ask you to provide a valid PayPal account.
    • We may terminate your Subscription, withhold upgrades to the Services, and take such other action as appropriate if we are unable to process your payment and you do not provide an alternative form of payment if available.
    • You agree to reimburse PanoHost for any and all costs incurred in collecting amounts owed by you to PanoHost, including, without limitation, attorneys' fees and costs of collection agencies.
  • Original Files Backup
  • PanoHost offers holders of PRO and higher account the possibility to download copies of their original uploaded equirectangular panoramic photo images on request. The intent of this service is to provide a solution in the event that the PRO or higher account holder accidentally loses his or her own backup copies and has no others. It is not intended to be a regularly utilized or accessed file storage system. PanoHost reserves the right to limit the provision of backup copies of original files to an account holder if it deems such requests to be too frequent or unreasonable.