|
|
|
PanoHouse maintains a web site, www.PanoHouse.com, where members can upload panoramic images and QTVRS. PanoHouse acts as an agent for licensing image rights to photo buyers.
By registering with PanoHouse, members agree to the following:
PanoHouse members must at least be 18 years old. Minors can only access images with the presence of a parent or legal guardian who must register on their behalf. By opening an account, the parent or legal guardian agrees to be bound personally and legally to the terms and conditions of this Member agreement.
By uploading images, Members grant PanoHouse.com and all its users an irrevocable, non-exclusive, royalty-free right to use the low-resolution images in materials for personal, non-commercial, non-editorial use and for test or sample use.
Members can set their own prices for all images they upload, and agree to pay a 30% commission fee to PanoHouse for each and every image/print sold.
The Member retains the copyright to all uploaded images and QTVR files. Note: Members are not permitted to upload images or files to which they do not own the copyrights.
(a)
- upon registration, a member warrants that he or she has provided PanoHouse with accurate, complete, and updated registration information. Members also agree to correct and update information to ensure its accuracy and completeness at all times.
(b) - upon registration, all members will be asked to select a Member user name and password, after which they receive a Managing Account. The person named on the Managing Account is solely responsible for any and all activities conducted on this account. Members may allow another individual to use the Managing Account, subject to the Member's supervision and his/her agreement to assume all liabilities. Any unauthorized usage of Member accounts or a breach in security must be reported immediately to PanoHouse.
(c)
- member names are used to identify Members to other Members and PanoHouse staff. It is forbidden to select or use the name of another member (unless it is also your name), or a name that may cause confusion in any way. Member names cannot violate any third party's trademarks, copyrights, or any other proprietary rights; or use names that are illegal or deemed vulgar or offensive. PanoHouse reserves the right to delete any Member names that are inappropriate.
(d)
- if a Member has been terminated by PanoHouse, that member may not access the PanoHouse web site for any reason whatsoever without the prior written permission of PanoHouse. Active Members are strictly forbidden to let terminated members use or access their account.
(e)
- by uploading any and all content, a Member warrants that he or she is the owner of the copyright thereto and that the content does not depict subject matter in a manner that violates any laws. A Member warrants that uploading any or all images was not done with the intent to harass, threaten, embarrass or cause distress, unwanted attention, or discomfort upon another person or entity. A Member warrants that a model or subject depicted in an image file has consented to its publication for whatever purpose and that the information is complete and accurate.
You agree to indemnify PanoHouse.com, and hold it harmless, from and against all claims, damages, costs, and expenses (including reasonable attorney’s fees and costs) attributable, directly or indirectly, to your breach of any obligation hereunder. PanoHouse.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification, which shall not excuse, disregard or waive your indemnity obligations.
PanoHouse will have sole discretion, and may remove any content uploaded to the web site, including files that appear to infringe the intellectual property rights of others without prior explanation or notice.
PanoHouse makes no warranty that its web site and administrative services will be uninterrupted, timely, secure, or error-free.
PanoHouse expressly disclaims all warranties and conditions of any kind, whether express or implied, including but not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade.
PanoHouse, its licensors and subcontractors do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through PanoHouse.
PanoHouse assumes no responsibility for any actions or liabilities that arise from the possession or use of images, photos, files or software obtained from PanoHouse.
Member acknowledges that PanoHouse shall not assume responsibility or have any liability for any action by PanoHouse or its affiliates and licensees with respect to the use of content. To the fullest extent permitted by applicable law, including but not limited to negligence, PanoHouse shall not be liable to Member for any indirect, incidental, special or consequential damages (including, but not limited to, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss).
Membership can be terminated at any time without cause by the Member or by PanoHouse. Member’s notice of termination will be effective upon receipt by PanoHouse.
Member may not upload unlawful content. Member may not post to PanoHouse forums or else use PanoHouse to transmit sexually explicit images or other similar content, which is deemed offensive to the public or harmful to minors.
If one or more terms or provisions of this Agreement are found to be unenforceable for any reason, this Agreement nevertheless shall remain in full force and effect, and its remaining terms and conditions shall be fully enforceable.
Rather than arbitration, you agree to reimburse PanoHouse for its legal fees, costs and disbursements, in the event that legal action is warranted to enforce any of its rights or to collect any fees.
This Agreement comprises the entire agreement between PanoHouse and its members, and supersedes any prior agreements. PanoHouse reserves the right to revise this Agreement at any time, and such revision shall be effective immediately upon the posting of the revised Agreement on its web site. Upon registration, you agree to review the Agreement periodically to become aware of such revisions. Members may terminate their membership if they disagree with any amendments to this agreement. If you continue your membership once the revisions have been posted on the web site, your membership with PanoHouse shall be deemed to be active and that you accept all such revisions.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Questions? Please contact us at support@panohouse.com.
|
|
