Terms of Use

    Last updated on July 2, 2024

    1. Acceptance of Terms of Use

    • By accessing or using the Site, you agree to be bound by these Terms of Use and any additional terms that Pano may publish from time to time. If you do not agree to all of the terms of these Terms of Use, please do not access or use the Site.
    • Pano may modify these Terms of Use at any time. By continuing to access or use the Site, you agree to accept those changes. Your access and use of the Site will be subject to the most current version of these Terms of Use, rules, and guidelines posted on the Site at the time of such use. Please check the homepage of pano.pictures regularly to view the latest Terms of Use. If you violate any of the Terms of Use, your license to access or use the Site will automatically terminate.

    2. Intellectual Property; Limited License to Users

    • Subject to these Terms of Use and any applicable license agreement with Pano and applicable law, you may access and use the Site. Pano retains all rights, title, and interest in and to the Site and reserves all rights not expressly granted under these Terms of Use. Pano may modify, replace, or discontinue the Site or any part thereof at its sole discretion, for any reason, and without notice. Pano provides the Site on an “as is” and “as available” basis.
    • All content, images, videos, and related metadata on the Site (collectively, the “Pano Content”), as well as the selection and arrangement of the Pano Content, are protected by copyright, trademark, patent, trade secret, and other intellectual property laws and treaties. Unauthorized use of the Pano Content violates these laws and these Terms of Use. Except as expressly provided in these Terms of Use or in a separate license agreement between you and Pano, Pano does not grant any express or implied permission to use the Site or the Pano Content. You agree not to copy, republish, frame, link, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense, reverse engineer, or use any data mining, robots, or similar data and/or image collection and extraction methods to use the Site or the Pano Content.
    • You may not download, distribute, display, and/or copy any Pano Content unless you have entered into a license agreement with Pano. You may not remove any watermarks or copyright notices contained in the Pano Content.

    3. Pano's Trademarks

    • For purposes of these Terms of Use, “trademarks” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin that Pano uses now or in the future.
    • Nothing contained in these Terms of Use grants you any right to use any Pano trademark unless expressly granted in a separate license agreement.
    • You agree not to use Pano’s trademarks in any manner that might tarnish, disparage, or reflect adversely on Pano.
    • You agree not to challenge the validity of or Pano’s ownership in any Pano trademark or to support or encourage any other person or entity to do so.
    • You agree not to use any Pano trademark or any variant thereof (including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
    • You agree not to adopt or use any word or mark that is similar to or likely to be confused with any Pano trademark without Pano’s prior written consent.
    • All content on Pano’s website, including the look and feel of the website, page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Pano and may not be copied, imitated, or used, in whole or in part, without Pano’s prior written consent.
    • All other trademarks, product names, company names, or logos displayed on Pano’s website are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Pano.
    • You may not link to Pano’s website using Pano’s trademark, logo, images, or other Pano-owned graphic as part of the link without Pano’s prior written consent.
    • You may not frame or hotlink to Pano’s website or images without Pano’s prior written consent.

    4. Provided Information

    • Pano (or Stripe, a payment service provider that partners with Pano) may collect information related to your use of the Site. All collection and use of this information by Pano is subject to these Terms of Use, the Pano Privacy Policy, and applicable law.
    • Pano will use and protect your personal information (such as your name and address) in accordance with the Pano Privacy Statement. The contents of the Privacy Statement are incorporated into these Terms of Use.

    5. User Content

    • By uploading or posting any images, videos, text, audio, or other content to the Site (collectively, “User Content”), you represent and warrant that: (i) you have all necessary rights to submit your User Content to the Site and to grant the licenses set forth herein; (ii) Pano does not need to obtain licenses from any third party or pay royalties to any third party; (iii) your User Content does not infringe the rights of any third party, including intellectual property rights and privacy rights; and (iv) your User Content complies with these Terms of Use and all applicable laws.
    • By uploading your User Content, you grant Pano a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and create derivative works from your User Content for the purpose of displaying your User Content on the Site. This license will continue until you remove your User Content from the Site, at which point the license will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/retention purposes will continue indefinitely.
    • You may not upload, post, or transmit any User Content that:
    • Infringes any third party’s copyrights or other intellectual property rights, or any right of publicity or privacy
    • Pornographic, defamatory, or otherwise unlawful or immoral content
    • Exploits minors
    • Depicts unlawful or violent acts
    • Depicts animal abuse or violence towards animals
    • Promotes fraudulent schemes, multi-level marketing (MLM) schemes, or any other deceptive practices that may generate complaints
    • Violates any law, statute, or regulation
    • You must obtain a license before using any Pano Content. Your use of Pano Content must be in accordance with a separate license agreement between you and Pano. Publishing (e.g., making available to the public, incorporating into a derivative work) and/or distributing Pano Content that is not watermarked or licensed is copyright infringement.

    6. Infringement Claims/Copyright Notice

    • If you believe that any images or other materials provided by Pano infringe a copyright that you own or control, you may notify Pano in accordance with Pano’s Copyright Infringement Notice Policy.
    • Pano reserves the right to take action in response to notices of copyright infringement.

    7. Restrictions

    • You agree not to:
    • Infringe upon Pano’s or any third party’s rights
    • Violate any applicable laws or regulations related to your access or use of the Site
    • Infringe upon Pano’s or any third party’s rights (including privacy and publicity rights), or abuse, defame, harass, stalk, threaten, or otherwise violate the legal rights of others

    8. Restrictions on Use and Termination

    • Pano may restrict, limit, deactivate, suspend, or terminate your access to the Site and/or Pano Content without prior notice. Any act that restricts or prohibits the use or enjoyment of the Site by others is strictly prohibited, and access to the Site may be terminated without notice.

    9. Links to Third-Party Sites

    • If the Site is available through a third-party platform, or if Pano provides links from the Site to a third-party platform, or if a third party allows you to link to the Site from its platform, you understand and agree that Pano makes no express or implied warranties regarding any third-party or its platform’s content or practices.

    10. Warranties and Disclaimers

    • Your use of the Site is at your own risk. The Site is provided on an “as is” basis under these Terms of Use, and there are no warranties of any kind. Pano expressly disclaims all warranties for all services available from the Site, whether express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement, and any other legal warranties. Without limiting the foregoing, Pano makes no warranties for the following: (i) that the Site will meet your requirements; (ii) that access to the Site will be uninterrupted; (iii) that the quality of the Site will meet your expectations; and (iv) that errors or defects in the Site, services, or materials will be corrected. Pano makes no representations that the Site is permitted in your jurisdiction, that your User Content is available through the Site, that the Site will be stored, or that Pano will continue to support any particular feature. All express, implied, and statutory warranties are limited to 30 days from the date you first used the Site, and no warranties apply after that period.

    11. Indemnification

    • You agree to defend, indemnify, and hold harmless Pano, its subsidiaries, affiliates, licensors, employees, agents, third-party information providers, providers, and independent contractors from and against all claims, damages, costs, liabilities, and expenses (including reasonable attorney’s fees) related to any claims, damages, costs, liabilities, and expenses related to your actions, use or inability to use the Site, your violation or suspected violation of these Terms of Use, your unauthorized use of Pano Content, or your infringement of the rights of others.

    12. Miscellaneous

    • Any disputes or claims arising out of or related to this Agreement will be resolved by binding arbitration in accordance with the commercial arbitration rules of the Japan Commercial Arbitration Association or the International Chamber of Commerce, to be conducted by an arbitrator, not a court. The place of arbitration will be Tokyo, Japan. The language of the arbitration will be English. There will be one arbitrator. Each party will bear its own costs of arbitration. Pano also reserves the right to initiate and prosecute legal or equitable proceedings or actions in a court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Pano, such action is necessary or desirable.
    • These Terms of Use will be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law principles.
    • In the event of any conflict between these Terms of Use and any license agreement you enter into with Pano, the terms of the license agreement will prevail.
    • These Terms of Use will not be construed either in favor of or against either party, but will be construed fairly in accordance with their meaning. The invalidity or unenforceability of any part of these Terms of Use will not affect the validity or enforceability of the remainder.