Thank you for registering to use Panedia's services. We want you to derive as much value as possible from the use of our content & systems, and seek not to arbitrarily limit your usage. At the same time we must make a viable business, so in this licensing agreement we seek to balance both of our needs.
1) By creating a map and/or registering to use our Embedded Content System (the "SERVICE"), you ("YOU") accept and agree to be bound by the Panedia Embedded Content Terms of Service ("TOS"). If you don't agree with and/or can't abide by the TOS please delete your account (If Applicable), stop using the SERVICE & remove it from your webiste(s) immediately.
2) The SERVICE when used commercially must be paid for via:
a) Automatic Monthly subscription by Credit Card
or
b) Yearly by invoice.
Monthly fees are not refundable, though YOU may elect to stop paying for & using the service at any time. YOU must cancel your account or contact Panedia to stop automatic monthly payments. Removing the SERVICE from your website will not stop automated payments as we won't know that has been done. Yearly fees are not refundable except in the event that Panedia can no longer provide the SERVICE in which case you will be provided a pro-rata refund on the unused full months of the yearly payment.
3) You understand and agree that although we will use reasonable efforts to ensure the SERVICE is always available, temporary interruptions may occur. The SERVICE is provided "AS IS" and Panedia is not liable to you for any temporary interruption.
4) By paying fees to Panedia for use of the SERVICE you are given the right to create & use map(s) containing Panoramic Virtual tours as selected by YOU or auto selected by our systems. You may use the map(s) anywhere on your website. Furthermore you may use the map(s) on more than one website where YOU have multiple versions of the main website ie multiple languages or multiple URL's eg .com, .net, .biz or market specific versions of the main website.
5) You may not use your map(s) on websites other than those owned by YOU or your company. You may not lend, sub-license, sell, lease or give away maps created using the SERVICE to any other party. Except where specifically provided for in writing by Panedia.
6) Panedia reserves the right to disable and eventually delete Your maps if accounts are more than 14 days in arrears. Maps will be retained for up to 6mths and reinstated if account payment is brought up to date.
7) You hereby grant Panedia a nonexclusive license during the Term to use Your Brand Features to advertise that You are using the SERVICE.
8) From time to time panoramic virtual tours may be removed from the maps for various reasons. If a panorama you are using is removed Panedia will do it's best to replace that panorama as soon as possible.
9) You may change the panoramas shown on your embedded maps at any time by logging into your account and using the tools provided. Changes you make are instantly updated to your embedded maps.
10) FREE accounts may at some time in the future contain advertising on the maps. You will be given 30 days notice if this is to occur. To avoid advertising you would need to upgrade to a 'commercial account'. Commercial accounts will never contain unsolicited 3rd party advertising.
11) The TOS may be assigned to another entity in the event that Panedia is bought, merged or disbanded. The rights provided to YOU by the TOS will not be diminished by this event.
12) Although the Site is accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside Australia, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside Australia do so on their own initiative and are responsible for compliance with local laws.
13) The SERVICE contains logos, trademarks and links. YOU agree that you will not alter or remove any of these items from the SERVICE when it is used on your website(s).
14) We may suspend your account and access to the SERVICE if YOU violate any of the TOS, especially as it relates to our suppliers content & copyright. Where possible we will notify you of issues and work with you to address them in a timely manner before service suspension.
14) Copyright & IP (Intellectual Property) for all content & code provided in the SERVICE remains with the copyright holders. This agreement involves no transfer of copyright or IP. Nor does it allow use of the content or code provided by the SERVICE for any purpose except to include the complete 'embedding code' into your website(s).
15) The TOS was last updated on 3rd December, 2008. We reserve the right to modify the terms of this Agreement without prior notice. You will be informed of any modifications to these Terms of Service via email. Modifications will become effective immediately upon the notice of modifications being sent to YOU. Your continued use of the Site after modifications are posted will be considered an acceptance of the modified TOS.
16) Google's Mapping Service Terms.
You understand that the SERVICE is built on top of the Google Maps API, therefore by using the SERVICE you are also agreeing to accept the Google Maps API Terms of Service. (http://code.google.com/apis/maps/terms.html) Much of the Google Maps API Terms of Service is not applicable to YOU as you are not using Google's system directly. Here are a few pertinent items from the Google Maps API terms of service.
By way of example, and not as a limitation, You agree that when using the Service, You will not:
* use Google services for any illegal or unauthorized purpose;
* remove any copyright, trademark or other proprietary rights notices contained in or on Google services;
* interfere with or disrupt Google services or servers or networks connected to Google services, or disobey any requirements, procedures, policies or regulations of networks connected to Google services;
* promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
Panedia provides no guarantees on the Google mapping service. We do not own or have control over the service. Panedia is not charging you for use of Google Maps. Google Maps is a free service which can be accessed & used by anybody. Google's mapping service is provided "AS IS" and Panedia is not liable to you for any temporary interruption. We reserve the right to terminate your service or delete your information if Google ask us to do so.
17) We reserve the right to change the underlying mapping system at any time without notice. Eg the SERVICE could change from using Google's mapping to Yahoo's mapping.
18) Privacy Policy: We will not disclose your personal information (i.e. your username and password) to anyone else, unless required by law. However, the information you enter on your maps will be viewable by others.
19) We are continually developing our technology & systems. From time to time new features will be rolled out into our embedded maps. When this occurs we will email you the details of new features & updates.
