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:
The Terms and Conditions contain:
PE reserves the right to modify or amend this User Agreement at any time without prior notice. Changes to the User Agreement will be available within the Site. By accessing the Services and/or submitting any text, pictures or other content ("Content"), to, including without limitation, website pages, private messages to other members and forums statements, you signify your agreement to this User Agreement as it has been modified or amended.
PE reserves the right to amend and remove any content from the Site that it considers unsuitable, or contravenes any of the terms and conditions contained within this User Agreement. PE may, without notice, suspend, ban and block offenders of this User Agreement from either accessing or contributing to some parts, or all, of the Site.
2. Conduct Required for Use of the Services:
It is a condition of your use of the Services that you do not:
(i) restrict or inhibit any other user from using and enjoying the Services;
(ii) post, promote, link to or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, national or international law;
(iii) submit links within the pages of the Site to any other website containing content covered in (ii) above, or that use viruses, worms or trojan horses;
(iv) post promote, link to or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activities online, including spamming, scrolling (repeating the same message over and over);
(v) post, promote, link to or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
(vi) post, promote, link to or transmit any information, software or other material which contains a virus or other harmful component;
(vii) post or transmit content that encourages or provides instructional activities about illegal activities;
(viii) solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
(ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
(x) resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database; or
3. Age Limitation:
PE does not permit children under the age of 13 to become members, and individuals will not be able to view or access some of the services of PE without first becoming a member.
PE is not responsible for the delivery or quality of any goods or services sold or advertised by our sponsors within the Site. PE is not responsible for any content, services or terms associated with, or contained by, any external website linked to from within this Site.
5 Uploaded Files:
Content that members upload to PE is to be used solely for the purposes of PE. Pictures are only saved for the purposes of display within the tours managed by PE not for storage or other purposes. PE reserves the right to amend image files where they exceed the limit indicated on the upload pages. Copyright of all uploaded images will remain with the Member.
PE may create a thumbnail of part of the images you upload to the Site. This may be used for the purposes of promoting additions of new content to PE through, but not limited to, RSS feeds and PE website blog. This thumbnail will remain within the PE archives even should the parent image be removed.
PE uses email to notify you of changes to the Site. You may also opt in to a number of newsletters or other offers. By opting into these services you agree that PE may send these news letters to you. Such letters may contain special members-only opportunities to buy products and services that are appropriate. You may opt out of these newsletters at any time. You may be re-sent a confirmatory email to confirm you continual membership of the site. Failure to respond to this email may result in suspension or termination of your account.
7. You grant PE a license to the Content (excluding image files) you submit:
Whilst you remain a member, anything contained herein to the contrary notwithstanding, by submitting Content to PE, through member pages, forums, or other means that may be added later, you grant PE and it's affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. By submitting content to PE, you represent and warrant that the content is your original work, or you represent and warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. Except for image files, a back-up or residual copy of the Content posted by you may remain on the PE servers after you have removed the Content and PE retains the right to those copies.
8. Personal Profile Information:
The personal profile information that you submit to PE remains your property. By submitting that information to PE you grant PE the right to use that information for opt-in direct e-mail marketing by PE. We do not sell or rent our member list. In addition, PE reserves the right to release current or past member information in the event we believes that the membership is being or has been used in violation of this User Agreement or to commit unlawful acts, if the information is subpoenaed, or when PE deems it necessary or appropriate. By agreeing to the conditions of this User Agreement, you hereby consent to disclosure of any record or communication to any third party when PE, in its sole discretion, determines the disclosure to be appropriate.
9. Investigation of Complaints:
We reserve the right to monitor and to investigate any complaints regarding any Content of PE pages or message-board postings and to take the appropriate action if PE finds any violation of this User Agreement. PE reserves the right to remove the relevant Content at any time.
10. Termination of Membership:
PE is the final arbiter of what IS and IS NOT allowed on our site. Further, PE reserves the right to modify or remove anything submitted to PE, and to cancel any membership, at any time for any reason without prior notice. PE is not obliged to maintain back-up copies of any material submitted or posted on our site. In addition to the aforementioned, actions or activities that may cause termination of your membership include, but are not limited to: Using in the registration of your PE membership an email account that is not your own or that is or becomes inactive; sending unsolicited 'spam' email to other members.
11. We are not responsible for Content posted by members:
PE is not responsible for the Content posted by PE members or visitors on any area of our site including without limitation comments, forum discussions, and private messages. The opinions and views expressed by PE's members or visitors do not necessarily represent those of PE and PE does not verify, endorse, or vouch for any part other Content submitted by Members.
If you believe that any of the Content posted by our members or visitors violates your proprietary rights, including copyrights, please contact PE.
13. Infringement Policy and the Digital Millennium Copyright Act of 1998:
As noted above, PE does not allow any material that violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyright or trademark rights. If you don't own the copyright or have express authorization and documented permission to use it, don't submit or post such content within PE. PE will remove the content that infringes copyright or trademark rights. PE may terminate the memberships of repeat offenders.
Where you believe that your copyright or trademark has been infringed, you will be provided with our investigation and complaints procedure on request.
14. Links to Third-Party Sites:
This Web site may contain hyperlinks to Web sites operated by parties other than PE. Such hyperlinks are provided for your reference only. PE does not control such Web sites and is not responsible for their contents. The presence of hyperlinks to such Web sites within PE does not imply any endorsement of the material on such Web sites or any association with their operators.
15. Disclaimer of Warranties:
Your use of PE Services are at your sole risk. All PE Services, including travel packages sold on PE Vacations, are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.
16. Limitation of Liability:
PE makes no guarantee of availability of Services and reserve the right to change, withdraw, suspend, or discontinue any functionality or feature of the PANORAMICEARTH.COM Services. IN NO EVENT WILL PE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PANORAMICEARTH.COM'S SERVICES OR ANY CONTENT THEREON FOR ANY REASON INCLUDING, WITHOUT LIMITATION, PANORAMICEARTH.COM'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON PANORAMICEARTH.COM'S SITE FOR ANY REASON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED; ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
You agree to defend, indemnify and hold harmless PE, their affiliates, partners, and their respective directors, officers and employees from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Services; (c) any non-compliance by you with the terms and conditions of this User Agreement; and (d) claims brought by persons or entities other than the parties to this User Agreement arising from or related to your access and use of the Services, including the information obtained through the Services.
"PanoramicEarth", "Panoramic Earth", and the Panoramic Earth logos are trademarks of PanoramicEarth.com. All other trademarks, Services marks and trade names used on the Services are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of PanoramicEarth, or the owner of such trademark, servicemark or trade name.
The formation, construction and interpretation of this User Agreement shall be controlled by the laws of the United Kingdom. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this User Agreement. Any dispute relating to this User Agreement shall be subject to the exclusive jurisdiction of the courts in the United Kingdom, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.
The headings used in this User Agreement are for convenience and reference purposes only, and shall not be used in construing or interpreting the scope or intent of this User Agreement or any provision hereof.
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.
(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.
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.
For more information about using the tours, please refer to the pages About Panoramic Earth Tours and Tour Examples.