Terms and Conditions of Use
The policies below are applicable to the affiliated network of websites, including gigapan.com and its affiliated websites (including any versions optimized for viewing on a wireless or tablet device); any mobile application, the all email newsletters published or distributed by GIGAPAN; all apps published by GIGAPAN; and all other interactive features, services, and communications provided by GIGAPAN (“Website”), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by GIGAPAN, Inc. (collectively “GIGAPAN” or “we”, “us”, or “our”). In addition to the Content on the Website, the Website provides you with various opportunities to receive services from GIGAPAN (“Services”).
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE. BY ACCESSING OR REGISTERING AT THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR REGISTER FOR OUR SITE.
IF YOU ARE DEPICTED IN ANY PHOTOGRAPH(S) POSTED ON THE GIGAPAN SITE AND YOU OBJECT TO YOUR INCLUSION IN THE PHOTOGRAPH(S), SEE SECTION 14 BELOW (Photo Subject Take Down Requests) FOR THE PROCEDURE FOR REQUESTING TAKE DOWN OF THE PHOTOGRAPH(S).Your Agreement
- These Terms govern (i) your use of the Website, (ii) your receipt of and participation in GIGAPAN Services, (iii) your provision of text, photographs, graphics, files, information, or other content (“Content”) to others through the Site; and (iv) your use of Content obtained through the Site. While you can visit our Site, view Content posted by Registered Members, and review selected information about GIGAPAN products and Services without registering, we ask that you become a Registered Member to post information on our Site and to obtain access to Services, materials, or information from our Site.
Our Services: Overview
Our Site is designed for networking within the community of HD image and gigapixel panoramic photography enthusiasts making it easy for photographers and those interested in panoramic photography to connect with each other online. As a Registered Member, depending upon your level of membership as detailed below, you can upload and access Content to (i) comment on, (ii) share, (iii) take snapshots, (iv) print, and (v) embed on external websites.
GigaPan Content is protected by U.S. and international copyright and other intellectual property laws, and GigaPan retains all rights with respect to the GigaPan Content, the Website, and the Services, except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the GigaPan Content except as expressly allowed in Section 2.1 (Rights to Access and Participate in Services), unless specifically authorized in writing by GigaPan.
GIGAPAN’s Grant of Rights to You
In this Section, GIGAPAN gives you the rights and privileges you will need to participate fully in our Services.
- 3.1 Rights to Access and Participate in Services. Subject to your compliance with these Terms, GIGAPAN hereby grants you the right to access and use the Website and the outcomes of the Services provided by the Website.
- 3.2 GIGAPAN Ownership; Reservation of Rights. All content available on or through the Website -- other than Registered Member-provided Content or Advertiser Content -- including all information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property found on the Website or embodied in the Services or the Content is the proprietary property of GIGAPAN and its licensors (“GIGAPAN Content”). The GIGAPAN Content is protected by U.S. and international copyright and other intellectual property laws and GIGAPAN retains all rights with respect to the GIGAPAN Content, the Website, and the Services, except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the GIGAPAN Content except as expressly allowed in Section 3.1 (Rights to Access and Participate in Services), unless specifically authorized in writing by GIGAPAN.
- 3.3 Registered Member Ownership; Reservation of Rights. All Registered Member-provided Content accessible through the Website is the proprietary property of the respective Registered Members (each of which is a “Registered Member Content Owner”). Each Registered Member retains all rights with respect to the Registered Member’s Content, except those expressly granted in these Terms. If You want to use Registered Member-provided Content, you agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material on the Website except as expressly allowed in Section 3.4 (Rights to Registered Member-provided Content), unless specifically authorized in writing by the Registered Member Content Owner.
- 3.4 Rights to Registered Member-provided Content. Subject to your compliance with these Terms, GIGAPAN’s Registered Members hereby grant you the right to view and display the Registered Member-provided Content accessible through the Website for your personal, noncommercial use.
- Available Software and Digital Products. Any software and digital products that are made available to use from the Services (“Software”) is the copyrighted work of GIGAPAN and/or our suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies the Software (“License Agreement”). An end user will be unable to install or use any Software that is accompanied by or includes a License Agreement unless he or she first agrees to the License Agreement terms. The Software is made available for access or download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited.
Code of Conduct
Our Site may provide blogs, forums, comment posts, and other services that allow Registered Members to interact with each other (“Interactive Services”). Site Visitors are not able to participate in the Interactive Services. If you are a Site Visitor and you wish to participate in the Interactive Services, you will need to register. As a condition to your use of the Website, the Services, and the Content, including the Interactive Services, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
- 4.1 Upload, email, or otherwise transmit any images or other Content that are unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain pornography, or are otherwise objectionable.
- 4.2 Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private, or sensitive information about another person, without that person’s consent.
- 4.3 Submit material that is intentionally false, defamatory, humiliating, unlawfully threatening, unlawfully harassing, or otherwise violates the law. For the purpose of this section, any stitched images or photo mosaics are not considered intentionally false.
- 4.4 Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
- 4.5 Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- 4.6 Use the Service to artificially generate traffic or page links to a Web site or for any other purpose not expressly allowed under these Terms.
- 4.7 Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site, such as through sending “spam” email.
- 4.8 Seek to obtain access to any materials or information through “hacking,” “data harvesting,” or through other means we have not intentionally made available to you through the Website and Services.
4.9 Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website, Services, or Content to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising).
We will enforce the above Code of Conduct wherever we deem necessary. Please understand, however, that GIGAPAN does not control â€“ and does not necessarily endorse -- the Content found in any Interactive Service. GIGAPAN does not vouch for the accuracy or credibility of any Registered Member-provided Content on our Website, and does not take any responsibility or assume any liability for any actions you may take as a result of reading Registered Member-provided Content. Through your use of the Website and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. When you view Content or use the Website, you do so at your own risk, and we expressly disclaim responsibility for the Content found on this Website.
Levels of Membership; Levels of Access
5.1 Levels of Membership. GIGAPAN offers four levels of membership, each with different privileges:
- 5.1.1 Basic Membership. As a Basic Member, you can enjoy the privileges identified on the services and pricing page of our Website, located at www.gigapan.com/signup (“Services and Pricing Page”).
- 5.1.2 Premier Membership. As a Premier Member, you can enjoy the Premier privileges identified on the Services and Pricing Page for the Premier Fee listed on the Services and Pricing Page.
- 5.1.3 Elite Membership. As an Elite Member, you can enjoy the Elite privileges identified on the Services and Pricing Page for the Elite Fee listed on the Services and Pricing Page.
- 5.1.4 Enterprise Membership. As an Enterprise Member, you can enjoy the Enterprise privileges identified on the Services and Pricing Page for the Enterprise Fee listed on the Services and Pricing Page. If you enter into this Agreement as an Enterprise Member, you enter into this Agreement on behalf of yourself and your organization or enterprise.
- 5.1.5 Changes to Services and Pricing Page. We may modify and change our Services and Pricing Page at any time. Any modifications we make will only take effect when you next access the Website or change/renew your Membership. No modifications will apply retroactively without your specific consent.
5.2 Levels of Access. At all levels of membership, you may designate your Content for these different levels of access:
- 5.2.1 Private/Private Group. All Members may designate unlimited Content as Private/Private Group which means it can only be accessed by you and other Registered Members or Guests designated by you.
- 5.2.2 Public. You may designate your Content as Public, which means it can be viewed by everyone, including Site Visitors. If you do not specifically designate the Content as Private/Private Group Content, the Content will be designated as Public.
- 5.1 Levels of Membership. GIGAPAN offers four levels of membership, each with different privileges:
Members Rights and Obligations
Registered Members are invited to post Content, view the Content posted by other Registered Members, and to fully enjoy our other Services for all purposes permitted in these Terms, depending upon your level of membership. The following specific provisions govern the rights and obligations related to the different levels of membership.
- 6.1 Privacy and Your Content. Please choose carefully the images you upload and the comments or captions you associate with those images and that you provide to other Site Visitors and Registered Members. When you make your Content freely available to Site Visitors and Registered Members you should use discretion in including any information that personally identifies you, such as your telephone number, street address, last name, email address, and any geographically recognizable images.
- 6.2 Designating Content. As a Registered Member, you may designate Content for hosting and display on our Site by uploading such Content. Please retain copies of your Content as we will not necessarily preserve or return materials uploaded to our Site.
6.3 Your Grant of Rights to GIGAPAN. By posting Content on our Website, you grant us a perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, worldwide, fully sub-licensable license under your intellectual property rights to use, copy, reformat, index, modify, adapt, publicly display, publicly perform, and distribute your Content designated as Public for purposes of providing our Services (as such services may change over time) and operating and promoting our Website. No compensation will be paid with respect to our use of your Content designated as Public under this grant, but GIGAPAN will provide you with photo credit for all uses which publicly display your images. Any such Content are deemed non-confidential and GIGAPAN shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any Content. If you upload Content to the Website or other third party websites or applications (for example, by sharing your Content on other social media), you also understand that you are giving other users the right to modify, copy, distribute, publicly perform, publicly display, and create derivative works from it. For Content designated as Private/Private Group, you grant us a royalty-free, fully paid-up, non-exclusive, worldwide license under your intellectual property rights during the Term that such Content is posted on the Websites to use, copy, reformat, index, modify, adapt, publicly display, publicly perform, and distribute your Content designated as Private/Private Group for purposes of providing our Services to you and as necessary for internal research and analysis, back-up and archiving, and internal operation of the Services and Website.
- a. GIGAPAN will not further distribute or use your Content or your name and for any purposes other than those specified in this section (Section 6.3) without your consent. GigaPan does not promise that the Website will be error-free or uninterrupted, or that the Site will provide specific results from your use of any content, search, or link on it. The Site, and all Services and Content within them are delivered on an “AS IS” and “AS AVAILABLE” basis. GigaPan does not warrant or represent that materials you download from the GigaPan Site will be free of viruses or other harmful features.
- 6.4 Your Grant of Rights to Site Visitors and Registered Members For Noncommercial Purposes. By posting Content and designating it as Public, you are granting to Site Visitors and Registered Members ("Licensees") a royalty-free, non-exclusive, worldwide license under your intellectual property rights to use, share, and display your Content, provided that a Licensee meets and maintains each of the following conditions: (i) the Content shall not be used for commercial purposes, and (ii) under no circumstances shall a Registered Member modify or change your Content by any means other than taking snapshots via the GIGAPAN Website or adding comments and descriptions. No compensation will be paid with respect to Licensees' use of your Content under this grant.
- 6.5 Rights You Must Have in Your Content. When you post Content to our Website, you represent and warrant (i) that you hold all rights needed to grant requisite rights under Section 6.3 (Your Grant of Rights to GIGAPAN) and Section 6.4 (Your Grant of Rights to Site Visitors and Registered Members For Noncommercial Purposes); (ii) that you own the copyright in all Content subject to copyright protection (or have been given needed permissions by the copyright owner or such use is a “fair use” as defined by the Copyright Act) ); (iii) that either (a) no consent by the persons depicted in your Content is required, or (b) each person depicted in images or identified in text in your Content (if any) has provided you with consent (“Photo Subject Consent”) to use the Content as set forth in these Terms; and (iv) You are not, nor is any other person who appears in your Content, a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other guild or rights society that would require additional payments or royalties for the use of your Content.
- 6.6 Assistance with Third Party Claims. To the extent that GIGAPAN is made aware of a Third Party Claim, either by you or through a Photo Subject Take Down Request (see Section 14), GIGAPAN will use good faith efforts to take down the Content in question and provide other applicable assistance. However, we cannot assure that such take downs will resolve every dispute. If Third Party Claims are brought against GIGAPAN related to Content uploaded or posted on the GIGAPAN Site by you, you agree to indemnify GIGAPAN pursuant to Section 16.
- 6.7 Use of Your Content in Promotions. To promote and illustrate our Services and the Site, therefore, we may choose to post on our Home Page and in other areas of the Site, Public Content of our Registered Members. We assume that Registered Members are interested in (or do not object to) publicizing their Content, and you acknowledge that we will be entitled to use your Public Content in connection with our advertisements and promotions for the Site.
- 6.8 Termination of Rights; Survival. GIGAPAN does not claim ownership of the Content you upload through the Site. The licenses granted to us and to our Registered Members and Site Visitors in this Section will terminate at the time you request to close your account or completely remove the Content at issue from our Website. This termination will not affect licenses to the Content granted by you before the time you completely remove the Content, and our Members (as well as GIGAPAN) will continue to enjoy their rights under Section 6.3 (Your Grant of Rights to GIGAPAN) and Section 6.4 (Your Grant of Rights to Site Visitors and Registered Members For Noncommercial Purposes). For example, a Registered Member may have taken a snapshot from one of your Photographs. If you remove that Content from our Site, the Registered Member may continue to use that Photograph, though other Registered Members who are not already using that Content may not make future use of that Content.
Obtaining a Password; Use of Your Password
7.2 Protecting Your Password.
- a. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. Please keep in mind that we will treat anyone who uses your username and password as "you." We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your username and password in confidence and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to the Services and your participation on our Website.
- b. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password in this or any inappropriate manner.
- c. Please note that we also have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business).
Buying Products and Services on the GIGAPAN Site
- a. Order Eligibility. You may only purchase products which appear on this Website and are delivered to an address located in the United States or Canada. You may only purchase products for personal use by either yourself or your intended recipient of the products. GIGAPAN may refuse any order that it has reasonable cause to believe is for onward sale other than through distribution channels approved by GIGAPAN. GIGAPAN makes no promise that products and services available on the Website are appropriate or available for use in locations outside the United States or Canada (“Territory”), and accessing the Web site from territories where its contents are illegal or unlawful is prohibited. If You choose to access this Web site from locations outside the Territory, You do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website.
- b. Products, Content and Specifications. Details of the products and services available for purchase are set out on the Website. All prices are displayed exclusive of all taxes. You are otherwise responsible for paying all applicable value added taxes, sales taxes, etc. All features, content, specifications, products and prices of products and services described or depicted on this Web site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner. All photographs, images and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
- c. Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
- d. Return and Exchange Policy. Prints and software are provided to the recipient as is. No returns are accepted. If an item is damaged, we will accept a return for an exchange, provided the item is returned with seven (7) days from receipt date of the shipment. Personalized photos may not be returned unless they are damaged. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law. In the event that the exchange is due to an incorrect order or faulty product, GIGAPAN will be responsible for the shipping costs associated with such return. In all other cases, You will be responsible for the return.
- e. Accuracy of Information. We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
- f. Fees. For all charges for any products and services sold on the Website, GIGAPAN or its vendors or agents will bill your bank card or alternative payment method offered by GIGAPAN. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse GIGAPAN and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Website.
You are solely responsible for your interaction with other GIGAPAN Site Visitors and Registered Members, both online or offline. We may monitor disputes between you and other Registered Members, but we have no obligation to become involved. If you have a dispute with one or more Registered Members, you release GIGAPAN (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Please keep in mind that, you must respect and comply with our specified file size, bandwidth and storage limitations for Content you submit. If we determine, in our discretion, that it is necessary, we will disable or take other related action concerning accounts that in our view are using excessive bandwidth or other system resources. In addition, we reserve the right, if we find it necessary (in our discretion), to delete or change a Member's username and URL address. We will make reasonable efforts to make our Website available and to make our refreshing and querying functions responsive within a reasonable amount of time. However, we make no guarantees regarding Site service levels. Please consider maintaining back-up copies of the Content you upload. If you require uninterrupted access to your Content, do not use our Site.
Our Registered Members may decide to engage in offline activities together, perhaps due to the relationships they have developed online. You agree to release and hold GIGAPAN harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, or property damage, either directly or indirectly related to or arising from you participation in any such offline activities.
Monitoring of Interactive Services; Removing Postings
12.2 Reports and Complaints. If you believe that a Registered Member or other user has acted inappropriately, such as by violating our Code of Conduct, you may report your concerns either via the links we have included on the Site or by contacting us in accordance with Section 27 (Contact Us). If we are notified by a Registered Member or Site Visitor that he or she believes Content of the Site does not comply with our Code of Conduct we may investigate the allegation and determine in good faith, at our sole discretion, whether to remove or block access to such Content or to take action with respect to the person or persons responsible for posting the Content. We have the right (but not the obligation), at our sole discretion, to remove, relocate, change from public to private, or otherwise block or restrict any Content at any time, with or without notice, and without liability. Our decision will be final with respect to any determination.
12.1 Filters; Blocking and Removal of Content. Although we have no – and assume no -- obligation to monitor activities on our Website, please understand that we may employ filters designed to detect and block the transmission of messages that contain sexually explicit or otherwise inappropriate language or Content. We reserve the right to edit, to refuse to post, or to remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct or the GIGAPAN brand.
12.3 Revocation or Suspension of Use Privileges. We reserve the right at any time to terminate or suspend your access to some or all of the Services or the Website if you engage in activities that we conclude, in our sole discretion, breach our Code of Conduct.
12.4 Indemnification. In the event that third parties believe they are harmed by your Content posted on the GIGAPAN Site, such Content gives rise to violation of privacy claims, claims of infringement, claims related to use of a third party’s image in a Photograph without consent or any other claims of damage by a third party arising from or resulting from your actions or inactions (each a “Third Party Claim”), then you agree to defend, indemnify, reimburse, and hold GIGAPAN harmless from cost or expense (including reasonable attorneys’ fees) arising from such Third Party Claim. GIGAPAN shall give you timely notice of and shall have the option to undertake and conduct the defense of any such Third Party Claim, if you are not diligently prosecuting such defense.
Advertisers; Third Party Links.
We may allow certain companies and advertisers to place ads and information on our Site (“Advertisers”). Although we have selected the Advertisers, we are not responsible for your choice to contact or do business with them. Your correspondence and dealings with Advertisers, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the Advertiser. You agree that GIGAPAN shall not be responsible or liable for any loss or damage incurred as the result of your dealings with Advertisers or as a result of the presence of such Advertisers on the Site.
The Website may contain links or produce search results that reference links to third party Websites (collectively “Linked Sites”). GIGAPAN has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. GIGAPAN does not endorse the content of any Linked Site, nor does GIGAPAN warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
GIGAPAN does not promise that the Website will be error-free or uninterrupted or that the Site will provide specific results from your use of any content, search, or link on it. The Site and all Services and Content within them are delivered on an “AS IS” and “AS AVAILABLE” basis. GIGAPAN does not warrant or represent that materials you download from the GIGAPAN Site will be free of viruses or other harmful features.
GIGAPAN DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE ON THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION ON THE SITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE GIGAPAN SITES AND RELATED SERVICES IS AT YOUR SOLE RISK.
Photo Subject Take Down Requests
Similar to Third Party Links, GIGAPAN does not endorse any Content submitted to the Site by any user, or any opinion, recommendation, or advice expressed therein and GIGAPAN expressly disclaims any and all liability in connection with Registered Member Content. Due to the nature of Photographs, images of third parties may be captured in public settings where it is not feasible for the photographer to obtain the consent of all Photograph subjects depicted. Third parties who believe they are harmed by Content uploaded or posted on the GIGAPAN Site (“Photo Subject Requesters”) may contact us (Section 27) and request that the particular Photograph(s) be taken down (“Take Down Request”). Take Down Requests must include enough information about the particular Photograph(s) in question for GIGAPAN to identify the Photograph(s), including (i) the URL(s) at which the Photograph(s) are posted, (ii) the user name of the Registered Member who posted the Photograph(s), and (iii) the name/title of the Photograph(s), if any. GIGAPAN will respond to reasonable Take Down Requests in its sole discretion. TAKE DOWN OF THE PHOTOGRAPH(S) IN QUESTION SHALL BE THE SOLE REMEDY FOR PHOTO SUBJECT REQUESTERS.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL GIGAPAN BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE GIGAPAN SITE, THE SERVICES, OR THE CONTENT.
You agree that injunctive relief shall provide you with a good and sufficient remedy for any complaints against GIGAPAN arising out of its Services and agree that you will not subsequently claim that such remedy or the remedy and damages limitations provisions of these Terms have “failed of their essential purpose.”
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
You agree to defend, indemnify, and hold GIGAPAN and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.
Contact for Alleged Copyright Infringement
GIGAPAN respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the GIGAPAN Site or other activity taking place on the Site constitutes infringement of a work protected by copyright (a “Work”), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:
2200 NW Savier St Portland, OR 97210
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
Additional Terms for Certain Services or Sites
We may offer certain GIGAPAN Websites or Services that are subject to additional or different terms and conditions. We will notify you if the site or service you are accessing is subject to terms and conditions that differ from these Terms and you will have the opportunity to decline to participate in such sites or services if you do not agree with the differing terms and conditions.
Modifications to these Terms
We may modify and change these Terms at any time. We will not retroactively apply any changes to these Terms without your specific consent. Any modifications we make will take effect prospectively once you next access the Website. Please feel free to print out a copy of these Terms for your records.
These Terms of Service shall not be assignable by you either in whole or in part. GIGAPAN reserves the right to assign its rights and obligations under these Terms.
We may choose to rely on and share information with companies closely related to us – our “Affiliates” for certain purposes under these Terms. By “Affiliate” we mean an entity that controls, is controlled by, or is under common control with GIGAPAN, whether the control results from equity ownership, contract, overlapping management, or otherwise. In this context, “control” means the ability to replace the officers or directors or otherwise materially influence or control management decisions. You agree that GIGAPAN Affiliates will be entitled to enjoy our rights under these Terms and, in exchange, we agree that we will be responsible for our Affiliate’s conduct under these Terms if our Affiliate fails to comply with any resulting obligations.
Duration of Rights
You will continue to enjoy your rights and to owe obligations under these Terms until (i) you cease your use of the Services or (ii) your password is revoked or suspended for misconduct, as set out in Section 11.3 (Revocation or Suspension of Use Privileges).
Duration of Terms; Survival
Section 3.2 (GIGAPAN Ownership; Reservation of Rights)
Section 13 (Warranty Disclaimer)
Section 15 (Limitation of Liability)
Section 16 (Indemnity)
Section 20 (Assignment)
Section 22 (General)
Section 24 (Duration of Terms; Survival)
27.1. “Advertisers” means certain companies and advertisers which place ads and information on our Site.
27.2. “Affiliate” means an entity that controls, is controlled by, or is under common control with GIGAPAN, whether the control results from equity ownership, contract, overlapping management or otherwise.
27.3. “Content” means text, Photographs, graphics, files, information, or other content.
27.4. “DMCA” means the Digital Millennium Copyright Act (17 U.S.C. §512).
27.5. “GIGAPAN” means Gigapan Inc.
27.6. “GIGAPAN Content” means all content available on or through the Website -- other than Registered Member-provided Content or Advertiser Content -- including all information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property found on the Website, or embodied in the Services or the Content which is the proprietary property of GIGAPAN and its licensors.
27.7. “Interactive Services” means provide blogs, chat rooms, message boards, and other services that allow Registered Members to interact with each other which are provided by our Site.
27.8. “License Agreement” means the end user license agreement, if any, which accompanies any GIGAPAN or third party Software.
27.9. “Linked Sites” means the links or produce search results that reference links to third party Websites which may be contained in the Website.
27.10. “Photo Subject Requesters” means third parties who believe they are harmed by Content uploaded or posted on the GIGAPAN Site and who submit a Take Down Request to GIGAPAN.
27.11. “Photographs” means HD images and gigapixel panoramic photographs that photographers who visit the Site upload, view, comment on, take snapshots of and share.
27.12. “Registered Member Content Owner” means the Registered Members.
27.13. “Registered Members” means the photographers and photography fans who are registered with our Site.
27.14. “Services” means the GIGAPAN services through the Website.
27.15. “Site” means the website created by GIGAPAN.
27.16. “Site Visitors” means any casual visitors to our Site, who do not participate in the Services.
27.17. “Software” means any software that is made available to use from the Services.
27.18. “Take Down Request” means a request by a Photo Subject Requester that a particular Photograph(s) be taken down which must include enough information about the particular Photograph(s) in question for GIGAPAN to identify the Photograph(s), including (i) the URL(s) at which the Photograph(s) are posted, (ii) the user name of the Registered Member who posted the Photograph(s), and (iii) the name/title of the Photograph(s).
27.19. “Terms” means the General Terms and Conditions of Use created by GIGAPAN.
27.20. “Website” means the website created by GIGAPAN.
27.21. “Work” means a work protected by copyright.
The effective date of these Terms and Conditions of Use is 7/1/2013.