Inevitably the terms and conditions for use of Panoramic Earth need to involve a lot of legal language. In brief they can be stated thus:
You will not upload, add, promote or link to, any material that is offensive, abusive, illegal, or of an adult nature etc. Panoramic Earth is a public website linked to by a number of educational facilities and used by minors.
You will not add any content to Panoramic Earth for which you do not expressly either own the copyright or have the permission of the copyright holder to do so.
When using the tours in your own site, you will not alter or amend the code provided in any way or attempt to affect the manner in which the tour is being displayed.
Image Terms and Conditions
If you intend to submit panoramic image content to Panoramic Earth then the following specific Image Terms and Conditions apply in addition to the General Terms and Conditions above. By submitting an image to Panoramic Earth you agree to the following ADDITIONAL Image Terms And Conditions: 1. Copyright and Ownership Issues: The image you submit to PE must be your own work and must not violate or infringe the rights (publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works) of others. Where the content is not your own work you acknowledge that you are submitting it with the express consent of the owner or right holder. You may add a small copyright claim watermark to the images you submit to the Site. This watermark must not obstruct or dominate the image itself and we reserve the right to reject submitted images where we, at our sole discretion, determine that such marks are too large or dominant. 2. Images: (i) The material submitted must be either 360° cylindrical or spherical panoramas, not more than 2.5Mb in size. PE reserves the right to resize larger images. (ii) PE has the right to accept or reject all submitted content as the sole discretion of PE, and that the decision of PE is final. (iii) PE may display the submitted panoramic images in the tours run by PE, whether within the PE Site or other websites. At all times where your panoramic images are displayed you will be acknowledged as the submitter of the image and be provided with a link back to your account on PE. (iv) PE may display a version of the image within in the RSS feeds, site blog, KMZ files (for Google Earth users) and other forms of promotion that may in the future be developed. At all times PE will include a credit to the submitter and a link back to their account on PE. (v) You agree to allow your image to be sponsored by a third party, whether such sponsorship is secured by yourself or another individual. Any sponsored image may not be removed from the site for the duration of the sponsorship. 3. Sponsorship: PE will be offering third parties the opportunity to sponsor individual images. Where such sponsorship is obtained you, the contributor of said image, will receive 30% of the sponsorship fee. PE will notify you by email should sponsorship of one of your images be secured. Once sponsorship has been secured you agree that: The image will remain on the site for the duration of the sponsorship (i) You will not be able to remove the image from your account for the duration of the sponsorship (ii) You will be paid your fee not less than 6 months, and not more than 12 months, after the sponsorship begins (iii) You may be paid by cheque, direct payment to a bank account or PayPal. PE may deduct the cost of payment transaction from your earnings. PE reserves the right to change these conditions at any time. You agree that PE may send you an email to notify you of any changes 14 days before they are implemented. 4. In Cases of Ownership of Copyright Dispute: Make sure that all images you submit are your own, or that you have permission of the owner to do so, and to earn all the revenues derived therefrom. You agree to the Indemnity clause of the General Terms and Conditions in relation to disputes over copyright and ownership issues. You agree to provide PE, where required and within 5 working days, evidence supporting your claim to ownership and copyright, or permission of the owner or copyright holder, of content you submit to PE as agreed by yourself on submission of such content. Such evidence must contain: (i) A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) yourself. (ii) Identification of the copyrighted work claimed to have been infringed (iii) The URL of the page where such material is found (iv) The title of the image and the username of the member who submitted it (v) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address. (vi) Evidence to support your claim relating to the infringement and the true owner of the infringed material. (vii) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law. (viii) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed. Failure to comply with these terms and conditions may result in your material being removed from PE and suspension of your account until such disputes are resolved. Any income due to you from sponsorship of your images will be withheld until all disputes have been resolved. In cases of dispute PE reserves the right to lock your access to your images and use any income derived from sponsorship to cover costs. Once the dispute has been resolved and our costs have been covered PE will then restore your access to your images.
Tour Use Terms and Conditions
In addition to the General Terms and Conditions above you agree that: (i)When using one of the Panoramic Earth tours you agree that you will not change, alter or amend in any way the code which you are provided to enable the tour in your site. (ii)You will not attempt to alter the presentation of material within such tours or block any of the parts provided with the tour, either in whole or part. PE is not responsible for the performance of the Google maps used in the tours, these are served by Google and PE has not control over this part of the service. (iii)You agree not to hold PE responsible for any loss of service of the tours, and any loss of income to yourselves that may result from such loss of service where the tours are provided to you free of charge. (iv)Paid tours are valid for 1 year. Failure to renew your subscription will result in the tour being deactivated or reverting to the general free version of the tour. (v)Complaints about the tour delivery and reliability must be presented in writing giving precise timings of failure of the tour to be displayed. For more information about using the tours, please refer to the pages About Panoramic Earth Tours and Tour Examples.