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About Us

Terms of Use

General Terms and Conditions of Use

GigaPan has created this website (collectively, the “Website,” or the “Site”) to provide an online platform for high-resolution panoramic photography users and fans.

To assist you in using our Website and associated services, and to ensure a clear understanding of the relationship arising from your use of our Site and participation in these services, we have created (i) these General Terms and Conditions of Use (the “Terms”) and (ii) a Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through the Site, and our Terms govern your use of our Site. Our Terms and Privacy Policy apply to any visitor to the Website (collectively, “you”), including (i) casual visitors to our Site, who do not participate in the Services (“Site Visitors”), (ii) high-resolution panoramic photographers who visit the Site to upload, view, comment on, take snapshots of and share high-resolution panoramic photographs (“Photographs”), and (iii) high-resolution panoramic photography enthusiasts who were invited to visit the Site to view, comment on and take snapshots of others’ works. The panoramic photographers and panoramic photography fans who are registered with our Site are collectively referred to as Registered Members (“Registered Members”). The terms “GigaPan,” “we” and “us” refer to GigaPan.

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 A PHOTOGRAPH(S) POSTED ON THE GIGAPAN SITE AND YOU OBJECT TO YOUR INCLUSION IN THE PHOTOGRAPH(S), SEE SECTION 8 (Photo Subject Take Down Requests) BELOW FOR THE PROCEDURE FOR REQUESTING TAKE DOWN OF THE PHOTOGRAPH(S).

For reference, a Definitions section is included as Section 20 of this Agreement.

  1. Your Agreement
    These Terms govern (i) your use of the Website, (ii) your receipt of and participation in GigaPan services through the Website (the “Services”), (iii) your provision of text, Photographs, graphics, files, information, or other content (the “Content”) to others through the Site; and (iv) your use of Content obtained through the Site. Please read these Terms carefully; they impose legal obligations on you and on GigaPan, and establish our legal relationship. By using the Services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.

    While you can visit our Site, view Photographs posted by our Registered Members and review selected information about our GigaPan products and services without registering, to post information on our Site, and to obtain access to certain other services, materials or information from our Site, we ask that you become a Registered Member.

    In addition, if you become a Registered Member, during the registration process for your password (and from time to time as we may require) you may be prompted to click an “I Accept” button, which further confirms your agreement to be legally bound by these Terms.
     
  2. GigaPan’s Grant of Rights to You
    In this Section, GigaPan gives you the rights and privileges you will need to participate fully in the goals of our Services.

    1. 2.1 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. The Website is for the personal, noncommercial use of individual Site Visitors and Registered Members. 
    2. 2.2 Available Software.
      Any software that is 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 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 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.
    3. 2.3 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 2.1 (Rights to Access and Participate in Services), unless specifically authorized in writing by GigaPan.
  3. Registered Member Grant of Rights to You
    1. 3.1 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 within the GigaPan Website.
    2. 3.2 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 to you in these Terms. 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 3.1 (Rights to Registered Member-provided Content), unless specifically authorized in writing by the Registered Member Content Owner.
  4. Code of Conduct
    Our Site may provide blogs, chat rooms, message boards, 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:

    1. 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 nudity or pornography, or are otherwise objectionable.
    2. 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.
    3. 4.3 Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing. Please note that, while photo mosaics are not “real” images, we do not consider mosaics to be “false” for the purpose of this section.
    4. 4.4 Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as photographs, videos, images, and text in electronic form -- can easily be copied, modified and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.
    5. 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.
    6. 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.
    7. 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.
    8. 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.
    9. 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, anti-discrimination, or false advertising).

      We will enforce the above Code of Conduct wherever we deem necessary. Please understand, however, that GigaPan does not control – and does not necessarily endorse -- the Content found in any Interactive Service. When you view or participate in the Interactive Services, you do so at your own risk, and we expressly disclaim responsibility for the Content found in these Services.
  5. Monitoring of Interactive Services; Removing Postings
    We expect each user of our Website to act responsibly, and to respect the rights of others. We seek to protect the integrity and security of our computing systems, and the right to protect our community of Registered Members from claims of intellectual property infringement and other claims or threats, such as those detailed in our Code of Conduct. Toward these ends, we reserve the right in our discretion (i) to monitor your use of the Website and other Content transmitted through the Site, (ii) to restrict or foreclose access from certain Internet sites or other resources, and (iii) to take other actions we deem necessary to protect our community of users and our resources. Due to this monitoring, you cannot expect that communications through our Website will remain “private” or otherwise free of our review. Please refer to our Privacy Policy for a precise statement concerning your expectations of privacy.

    1. 5.1 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. 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.
    2. 5.2 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 21 (Contact Us). If we are notified by a Registered Member or Site Visitor that he or she believes Content at the Site does not comply with our Code of Conduct, we may investigate the allegation and determine in good faith, in 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), in 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.
    3. 5.3 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 Interactive Services or the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct.
    4. 5.4 Users should also understand that our Code of Conduct is based in many instances on principles of state and federal law. Users who violate our Code of Conduct accordingly may be exposed under these state and federal laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney’s fees. GigaPan reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with its Privacy Policy.
  6. 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, and 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.
  7. Warranty Disclaimer
    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.
  8. 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 21) 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. 
  9. 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.
  10. Indemnity
    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.
  11. 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:

    e-mail: support@GigaPan.com

    Mail:
    GigaPan Systems
    Attention: DMCA
    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.
  12. 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.
  13. Modifications to these Terms
    We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.
  14. Assignment 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.
  15. Our Affiliates
    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.
  16. General These Terms shall be governed in all respects by the laws of the State of Oregon without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of Oregon, in the judicial district that includes Portland, Oregon. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. GigaPan’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between GigaPan and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
  17. 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 5.3 (Revocation or Suspension of Use Privileges).
  18. Duration of Terms; Survival
    Section 2.3 (GigaPan Ownership; Reservation of Rights)
    Section 7 (Warranty Disclaimer) Section 9 (Limitation of Liability)
    Section 10 (Indemnity)
    Section 14 (Assignment)
    Section 16 (General)
    Section 18 (Duration of Terms; Survival)
  19. Relationship to Privacy Policy and Other Contracts
    These Terms must be read in conjunction (i) with other agreements into which you may enter concerning our Site, (ii) with any Site-related Rules (such as Message Board Rules) which you must abide by while using our Site, and (iii) with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy will control. Similarly to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement will control. Additionally, to the extent that any Site-related Rules conflict with these Terms, these Terms will control.
  20. Definitions
    20.1. “Advertisers” means certain companies and advertisers which place ads and information on our Site.
    1. 20.2. “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.
    2. 20.3. “Content” means text, Photographs, graphics, files, information, or other content.
    3. 20.4. “DMCA” means the Digital Millennium Copyright Act (17 U.S.C. §512). 20.5. “GigaPan” means GigaPan.
    4. 20.6. “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.
    5. 20.7. “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.
    6. 20.8. “License Agreement” means the end user license agreement, if any, which accompanies any GigaPan or third party Software.
    7. 20.9. “Linked Sites” means the links or produce search results that reference links to third party Websites which may be contained in the Website.
    8. 20.10. “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.
    9. 20.11. “Photographs” means high-resolution panoramic photographs that photographers who visit the Site upload, view, comment on, take snapshots of and share.
    10. 20.12. “Registered Member Content Owner” means the Registered Members.
    11. 20.13. “Registered Members” means the panoramic photographers and panoramic photography fans who are registered with our Site.
    12. 20.14. “Services” means the GigaPan services through the Website.
    13. 20.15. “Site” means the website created by GigaPan.
    14. 20.16. “Site Visitors” means any casual visitors to our Site, who do not participate in the Services.
    15. 20.17. “Software” means any software that is made available to use from the Services.
    16. 20.18. “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).
    17. 20.19. “Terms” means the General Terms and Conditions of Use created by GigaPan.
    18. 20.20. “Website” means the website created by GigaPan.
    19. 20.21. “Work” means a work protected by copyright.
  21. Contact Us
    If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Website, please contact us at: support@GigaPan.com
  22. Effective Date
    The effective date of these Terms and Conditions of Use is 9/28/2011.

Registered Member Terms and Conditions

GigaPan has created this website (collectively, the "Website," or the "Site") to provide an online platform for high-resolution panoramic photography users and fans. To assist you in using our Website and associated services, and to ensure a clear understanding of the relationship arising from your use of our Site and participation in these services, we have created (i) General Terms and Conditions of Use, which apply to any visitor to the Website and which are hereby incorporated by reference and available at [link], (ii) these Registered Member Terms and Conditions of Use (collectively, the General Terms and Conditions of Use and these Registered Member Terms and Conditions of Use are referred to as the "Terms") and (iii) a Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through the Site, and our Terms govern your use of our Site. These Terms apply to (i) high-resolution panoramic photographers who visit the Site to upload, view, comment on, take snapshots of and share high-resolution panoramic photographs (“Photographs”), and (ii) high-resolution panoramic photography fans who were invited to visit the Site to view, comment on and take snapshots of others’ works. The panoramic photographers and panoramic photography fans who are registered with our Site are collectively referred to as Registered Members (“Registered Members”). The terms “GigaPan ,” “we” and “us” refer to GigaPan.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE. BY 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 REGISTER FOR OUR SITE.

For reference, a Definitions section is included as Section 13 of this Agreement.
  • Upload, email or otherwise transmit any images or other Content that are unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography, or are otherwise objectionable.
  • 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.
  • Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing. Please note that, while photo mosaics are not “real” images, we do not consider mosaics to be “false” for the purpose of this section.
  • Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form -- can easily be copied, modified and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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, anti-discrimination, or false advertising).
  1. Our Services: Overview
    We provide a range of Services for our Registered Members, including but not limited to the following:

    Our Site is designed for networking within the community of high-resolution 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 other Photographs to, (i) comment on, (ii) share, (iii) take snapshots, (iv) print, and (v) embed on external websites.
  2. Obtaining a Password; Use of Your Password
    1. 2.1 Eligibility. You are eligible to register as a Registered Member at our Site if (i) you are 18 years old or older, (ii) you hold requisite legal rights in the Photographs, comments and related content (“Content”) that you make available over the Website, as provided in Section 4.6 (Rights You Must Have in Your Content); and (iii) you agree to abide by our Terms and Privacy Policy.
    2. 2.2 Protecting Your Password.
      Please keep in mind that we will treat anyone who uses your user name 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 user name 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.

      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.
  3. Levels of Membership; Levels of Access
    1. 3.1 Levels of Membership. GigaPan offers three levels of membership, each with different privileges:
      1. 3.1.1 Free Membership. As a Free 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”).
      2. 3.1.2 Tier 2 Membership. As a Tier 2 Member, you can enjoy the Tier 2 privileges identified on the Services and Pricing Page for the Tier 2 Fee listed on the Services and Pricing Page. 3.1.3.
      3. 3.1.3 Tier 3 Membership. As a Tier 3 Member, you can enjoy the Tier 3 privileges identified on the Services and Pricing Page for the Tier 3 Fee listed on the Services and Pricing Page.
      4. 3.1.4 Changes to Services and Pricing Page. We may modify and change our Services and Pricing Page over time. We will not retroactively" change the Services and Pricing Page, and any modifications we make shall take effect proactively, once you next access the Website or change/renew your Membership. Please feel free to print out a copy of the Services and Pricing Page for your records.
    2. 3.2 Levels of Access. Depending upon your level of membership, you may designate your Content for three different levels of access:
      1. 3.2.1 Fully Private. You may designate your Content as Fully Private, which means it can only be accessed by you.
      2. 3.2.2 Semi-Private/Private Group. Tier 2 and Tier 3 Members may designate your Content as Semi-Private/Private Group, which means it can only be accessed by you and other Registered Members designated by you (“Private Group”).
      3. 3.2.3 Public. You may designate your Content as Public, which means it can be viewed by everyone, including Site Visitors.
  4. 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.
    1. 4.1 Privacy and Your Content. Please choose carefully the images you choose to 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 Photographs.
    2. 4.2 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.
    3. 4.3 Your Grant of Rights to GigaPan. By posting Content, you grant us a royalty-free, non-exclusive, worldwide license, under your intellectual property rights, to use, copy, reformat, index, modify, display, and distribute your Content for purposes of providing our Services (as such services may change over time) and promoting our Website. No compensation will be paid with respect to our use of your Content under this grant.

      GigaPan will not further distribute or use your Content or your name and for any purposes other than those specified in this section (Section 4.3) without your consent.
    4. 4.4 Your Grant of Rights to Other Registered Members For Noncommercial Purposes. By posting Content and designating it as Public or Semi-Private/Private Group, you are also granting to other Registered Members ("Registered Member Licensees") a royalty-free, non-exclusive, worldwide license, under your intellectual property rights, to use, copy, display and modify your Content, provided that a Registered Member Licensee meets and maintains each of the following conditions: (i) the Content shall not be used for commercial purposes, (ii) no Content shall be used outside of the GigaPan Website, for example, at a URL that does not include "GigaPan" as the top-level domain, and (iii) under no circumstances shall a Registered Member modify or change your Content by any means other than taking snapshots via the GigaPan Website. No compensation will be paid with respect to Registered Members' use of your Content under this grant.
    5. 4.5 Your Grant of Rights to Site Visitors For Noncommercial Purposes. By posting Content and designating it as Public, you are also granting to Site Visitors ("Site Visitor Licensees") a royalty-free, non-exclusive, worldwide license, under your intellectual property rights, to display your Content solely via the GigaPan Website. No compensation will be paid with respect to Site Visitors' use of your Content under this grant.
    6. 4.6 Rights You Must Have in Your Content. When you post Content to our Site, you represent and warrant (i) that you hold all rights needed to grant requisite rights under Section 4.3 (Your Grant of Rights to GigaPan), Section 4.4 (Your Grant of Rights to Other Registered Members For Noncommercial Purposes) and Section 4.5 (Your Grant of Rights to Site Visitors 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 use the Content under "fair use" principles); and (iii) that either (a) no consent by the persons depicted in your Photographs 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.

      We ask for you to obtain Photo Subject Consent because (A) as the photographer, you are better able to identify who the subjects of your Photographs are, whether Photo Subject Consent is necessary, who needs to provide the Photo Subject Consent, and obtain the requisite Photo Subject Consent; and (B) other business reasons, including without limitation the volume of Photographs hosted by GigaPan, make it more feasible for the individual photographers to obtain any requisite Photo Subject Consents.
    7. 4.7 GigaPan 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 8 of the GigaPan General Terms and Conditions of Use), to assist you in resolving the Third Party Claim, we will take down the Photograph(s) in question. 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 10.
    8. 4.8 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.
    9. 4.9 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 prospectively at the time you completely remove the Content at issue from our Site. 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 4.3 (Your Grant of Rights to GigaPan) and Section 4.4 (Your Grant of Rights to Members). 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.
  5. GigaPan's Grant of Rights to You

    In this Section, GigaPan gives to Registered Members the rights and privileges they will need to participate fully in the networking, artistic, and communications goals of our Services.
    1. 5.1 Rights to Access and Participate in Services. Subject to your compliance with these Terms, GigaPan hereby grants Registered Members the right to access and use the Website, and to participate in the Services. The Services and Website are for the personal, noncommercial use of individual Registered Members.
    2. 5.2 Available Software. Any software that is made available to use from the Services (“Software”) is the copyrighted work of GigaPan and/or our licensors. 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 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 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.
    3. 5.3 GigaPan Ownership; Reservation of Rights. All content available on or through the Website -- other than Registered Member-provided 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 5.1 (Rights to Access and Participate in Services), unless specifically authorized in writing by GigaPan.
  6. Code of Conduct
    Our Site may provide blogs, chat rooms, message boards, and other services that allow you to interact with Registered Members ("Interactive Services"). 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:
  7. Member disputes.
    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.
  8. Technical Restrictions
    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.
  9. Limitation of Liability; Remedies
    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.

    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. Take down of Photograph(s) shall be the sole remedy for photo subject requesters, as provided in Section 8 of the GigaPan General Terms and Conditions of Use.
  10. Indemnification
    In the event that third parties believe they are harmed by your Content posted on the GigaPan Site, and 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 (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.
  11. Duration of Terms; Survival
    The following provisions shall survive the termination of these Terms and shall apply indefinitely:
    Section 5.3 (GigaPan Ownership; Reservation of Rights)
    Section 9 (Limitation of Liability; Remedies)
    Section 11 (Duration of Terms; Survival)
  12. Relationship to Privacy Policy, General Terms and Conditions of Use and Other Contracts
    These Terms must be read in conjunction (i) with other agreements into which you may enter concerning our Site, (ii) with any Site-related Rules (such as Message Board Rules) which you must abide by while using our Site, (iii) with our Privacy Policy and (iv) with our General Terms and Conditions of Use. The provisions of our Privacy Policy and General Terms and Conditions of Use are incorporated herein. To the extent these Terms conflict with (a) the terms of our Privacy Policy, the terms of our Privacy Policy will control; (b) the terms of our General Terms and Conditions of Use, these Terms will control; and (c) the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement will control. Additionally, to the extent that any Site-related Rules conflict with these Terms, these Terms will control.
  13. Definitions
    1. 13.1 “Content” means the photographs, comments and related content that you make available over the Website.
    2. 13.2 “GigaPan” means GigaPan.
    3. 13.4 "GigaPan Content" means all content available on or through the Website -- other than Registered Member-provided 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.
    4. 13.5 "Interactive Services" means the blogs, chat rooms, message boards, and other services that allow you to interact with Registered Members which our Site may provide.
    5. 13.6 “License Agreement” means the end user license agreement, if any, which accompanies any GigaPan or third party Software.
    6. 13.7 “Photo Subject Consent” means the consent to use the Content as set forth in these Terms provided to you by each person depicted in images or identified in text in your Content (if any).
    7. 13.8 “Photographs” means high-resolution panoramic photographs that photographers who visit the Site upload, view, comment on, take snapshots of and share.
    8. 13.9 “Private Group” means the designation by Tier 2 and Tier 3 Members of your Content as Semi-Private/Private Group, which means it can only be accessed by you and other Registered Members designated by you.
    9. 13.10 "Registered Member Licensees" means other Registered Members whom you have granted a royalty-free, non-exclusive, worldwide license under your intellectual property rights to use, copy, display and modify your Content.
    10. 13.11 “Registered Members” means the panoramic photographers and panoramic photography fans who are registered with our Site.
    11. 13.12 “Services and Pricing Page” means the services and pricing page of our Website, located at www.gigapan.com/signup.
    12. 13.13 "Site" means the website created by GigaPan.
    13. 13.14 "Site Visitor Licensees" means Site Visitors whom you have granted a royalty-free, non-exclusive, worldwide license under your intellectual property rights to display your Content solely via the GigaPan Website.
    14. 13.15 “Software” means any software that is made available to use from the Services.
    15. 13.16 "Terms" means the General Terms and Conditions of Use and these Registered Member Terms and Conditions of Use.
    16. 13.17 “Third Party Claim” means 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 where the third parties believe they are harmed by your Content posted on the GigaPan Site.
    17. "Website" means the website created by GigaPan.
    18. Contact Us
      If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, please contact us at: support@GigaPan.com
    19. Effective Date
      The effective date of these Registered Member Terms and Conditions of Use is 9/28/2011.