360Cities.net Account Agreement - Terms and Conditions of Use
Part 1: Photographer Agreement
Part 2: PRO Account Service
This agreement is between 360 Cities s.r.o., Terronska 49, Prague 6, Czech Republic (“360 Cities”) and you ("the photographer"). Whereas:
360cities offers an extremely simplified publishing process on a built internet site, publishes images to multiple platforms some of which are highly prestigious, and hosts various publishing-related services;
The photographer may benefit from 360cities’ high site traffic and exposure, enjoy 360cities’ fountain of knowledge as a member, and use 360cities’ marketing materials;
360cities and the photographer wish to collaborate in the area of image publishing on 360cities’ main site and agree on their mutual undertakings;
The Parties agree to enter into this agreement.
360cities undertakes to take all standard precautions to protect the photographer’s work at 360cities’ site.
360cities undertakes to show the photographer’s name by the image and make it clear that anytime the photographer’s image is sold, it is the photographer’s image.
360cities undertakes to pay the photographer a commission on a quarterly basis of 55% of revenues minus associated expenses from any sales of image licensing or image prints and to provide a regular report of image sales for relevant markets.
360cities undertakes to provide the photographer access to 360cities’ site for editing and uploading and to provide access to site traffic statistics.
360cities undertakes to implement all reasonable measures to protect the photographer’s images against unauthorized copying or use.
360Cities acknowledges that the photographer retains the right to use images provided to 360Cities for the purpose of advertising or promoting his or her work.
The photographer represents and warrants that all Images he or she publishes on 360Cities’ site are free from legal claims, do not misrepresent, defame or violate the right of privacy of any third party and do not knowingly infringe on any copyrights or trademarks.
The photographer will retain copyright of his or her images. The photographer agrees that 360cities will have a non-exclusive indefinite right to use and license any of the photographer’s images published on 360Cities’ site to third parties as described in this agreement. The photographer may, if he or she chooses, designate certain images as not available for commercial licensing unless special permission is received from the photographer by 360Cities.
The photographer acknowledges that 360Cities has the right to distribute all the photographer’s images that are published and publically displayed on 360Cities to 360Cities’ platform publishing partners, irrespective of whether certain images among the total have been removed from availability for commercial licensing. The list of 360Cities’ platform publishing partners includes Google, Nokia, Microsoft, and Flipboard.com. The photographer acknowledges that this list may expand or contract in the future at 360Cities’ discretion. The photographer further acknowledges that if he or she unpublishes or makes otherwise unavailable any images from 360Cities’ site, these images may not be removed from 360Cities’ platform publishing partners’ sites for up to 60 days.
The photographer represents and warrants that he or she has read and understands this Agreement and has the legal right to enter into this Agreement and perform his or her obligations hereunder.
The photographer agrees to indemnify and hold harmless 360Cities, its authorized representatives and sub-agents and those for whom 360Cities is acting against all loss, damage, expense or liability resulting from the use in any manner whatsoever of the photographer's images.
This agreement takes effect at the moment the photographer marks "I agree" in the sign up form and submits that form and stays in force until canceled by either party in writing. The parties agree that the laws of the Netherlands will regulate their relationship or any disputes arising from this agreement. 360 Cities has the right to modify the terms of this agreement.
Paid Account Service - Terms and Conditions of Use
(Applies only if you have a 360 Cities PRO, PLUS or COMPANY account)
You may use the 360 Cities Paid Account Service in accordance with the following Paid Account Service Terms and Conditions of Use:
The Paid Account Service will be available only to users who (a) register for a free trial (when available) or for a subscription to the Paid Account Service ("Subscription") and (b) who pay in full the Subscription fees ("Subscription Fees") applicable to the level of Subscription you select (the "Subscription Plan"). 360 Cities currently accepts PayPal (http://www.paypal.com) payments only. The various Subscription Plans 360 Cities offers and the services, features and Subscription Fees applicable to such Subscriptions may be reviewed at http://www.360cities.net/signup. By subscribing, you agree to pay all applicable Subscription Fees and other charges in accordance with the particular Subscription Plan you select. Please note that the foregoing does not apply to the termination of your account in accordance with Section 4 below.
When you first register for the Paid Account Service with 360 Cities, you must either (a) provide valid payment details via PayPal, which we will use to charge your PayPal account for the Subscription Fee applicable to the Subscription Plan selected by you, or (b), if you do not have a PayPal account, pay by credit card via a PayPal Payment Request. In each case, your Subscription period will begin immediately when 360 Cities receives the required Fee.
The Paid Account Service is intended for the use of individual 360 Cities account holders for the limited distribution of panoramas. The Paid Account Service is not intended for broad commercial use by large commercial sites and services, and 360 Cities, in its sole discretion, reserves the right to limit, suspend or terminate your use of the Paid Account Service if 360 Cities determines your use of the Paid Account Service is a misuse of the Paid Account Service. One account per one physical person only except where stated otherwise.
2. Term and Upgrades
All Subscriptions are provided for a one (1) year term, WHICH TERM WILL AUTOMATICALLY RENEW EACH YEAR FOR AN ADDITIONAL ONE (1) YEAR TERM UNLESS THE SUBSCRIPTION IS TERMINATED AND/OR CANCELED BY YOU OR 360 CITIES PRIOR TO THE END OF SUCH ANNUAL TERM. Upon such renewal, the PayPal account designated in your 360 Cities account will be billed the applicable Subscription Fee then in effect at the time of renewal, or you will receive a PayPal Payment Request if you do not have a PayPal account. If you notify 360 Cities (via the dashboard accessible from your 360 Cities account at http://360cities.net/account) that you wish to upgrade to a higher subscription level (if available), then the PayPal account designated in your 360 Cities account will be billed for the difference in price, prorated for the remainder of your term.
3. Interruptions or Discontinuation of Hosting Services; Changes to Hosting Services and Terms of Service.
360 Cities reserves the right at any time, in its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the Paid Account Service, or portions thereof; and the Subscriptions and Subscription Plans, including making changes to any policies, features and terms applicable thereto. If the Paid Account Service, or any part thereof, to which you subscribe are permanently discontinued or canceled by 360 Cities, your Subscription will terminate, and we will have no further liability to you. In addition, there may be occasions when the Paid Account Service is interrupted such as for maintenance, upgrades, system or equipment failure or otherwise. 360 CITIES WILL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE HOSTING SERVICES FOR ANY REASON, OR FOR ANY LOSS OF OR INABILITY TO ACCESS ANY PHOTOS OR OTHER MEDIA OR MATERIALS STORED ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR MAKING AND SAFEKEEPING, BACKUP COPIES OF PHOTOS OR OTHER MEDIA OR MATERIALS YOU POST TO THE SITE.
4. Termination of Services.
You may request termination of a Subscription at any time. When 360 Cities receives your termination request, 360 Cities will terminate your Subscription. 360 Cities will notify you of termination via email. A Subscription is not terminated in this manner until you receive confirmation of termination from 360 Cities. Additionally, 360 Cities may terminate a Subscription, or any user's access to and use of the Site or the Paid Account Service, at any time at its sole discretion which termination shall be effective immediately. All Subscription Fees are nonrefundable, and upon termination, cancellation or discontinuation of a Subscription for any reason, you will not receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription. Upon termination or downgrade, some of the content you have stored on the Site may be unpublished and no longer publicly available. Such content will however still be available in your account, should you decide to apply for a new Subscription in the future.
You may change your email or PayPal account information for your account by using the account dashboard. If the PayPal account designated on your account is invalid and cannot be billed for the renewal Subscription Fee, then 360 Cities may terminate your Subscription for nonpayment. If 360 Cities does not have a current, working email address, then you may not receive important notices from us regarding your account, which may include notices regarding termination.
5. Pricing and Payment Terms
All prices are listed in European Euros (EUR) and are valid until altered by 360 Cities. 360 Cities currently only accepts payments via PayPal. 360 Cities reserves the right to change the payment methods it accepts at any time without notice. If we are unable to process a payment using your PayPal account on file, we may, but are under no obligation to, contact you using your email address on file to ask you to provide a valid PayPal account. We may terminate your Subscription, withhold upgrades to the Services, and take such other action as appropriate if we are unable to process your payment and you do not provide an alternative form of payment if available. You agree to reimburse 360 Cities for any and all costs incurred in collecting amounts owed by you to 360 Cities, including, without limitation, attorneys' fees and costs of collection agencies.
6. Original Files Backup
360Cities offers holders of PRO and higher account the possibility to download copies of their original uploaded equirectangular panoramic photo images on request. The intent of this service is to provide a solution in the event that the PRO or higher account holder accidentally loses his or her own backup copies and has no others. It is not intended to be a regularly utilized or accessed file storage system. 360Cities reserve the right to limit the provision of backup copies of original files to an account holder if it deems requests for them to be too frequent or unreasonable.