By accessing or using the 360Cities services (together, the "Products" or "Services"), or accessing or using any of the content available within 360Cities, you agree to be bound by the 360Cities Terms & Conditions of Use.
360Cities grants you a non-exclusive, non-transferable license to access the 360Cities web and Mobile App services, and to access the Content (as defined below) contained therein and according to the Terms.
Unless you have received prior written authorization from 360Cities (or, as applicable, from the provider of particular Content), you must not:
Compliance with the Law and 360Cities Policies: You agree that you are responsible for your own conduct and content while using the Products, and for any consequences thereof. You agree to use the Products only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines 360Cities may make available. You further agree that you are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, links ("Content") that you submit, post, and display on the 360Cities service.
By way of example, and not as a limitation, you agree that when using the Products or the Content, you will not:
360Cities care about the safety and privacy of all its users, in particular children. Parents certify that they are at least 18 years of age if they have children under the age of 13 who are allowed to access areas of 360Cities, and that they are the legal guardian of the child/children, and give the child permission to access 360Cities. 360Cities ask you, as the legal guardian, to determine whether any 360Cities content is not appropriate for your child.
Content monitoring: 360Cities does not accept any obligation to monitor the content from any third party.
360Cities allows you to access and view a variety of content, including but not limited to photographic imagery, map and terrain data, business listings, and other related information provided by 360Cities, its licensors, and its users (the "Content"). You understand and agree that 360Cities and/or its licensors and users retain all ownership rights to the Content. You may not use, access or allow others to use or access the Content in any manner not permitted under the Terms, unless you have been specifically permitted to do so by 360Cities or by the owner of that Content, in a separate agreement.
a. 360Cities undertakes to:
1. take all standard precautions to protect your work at 360Cities’ site;
2. show your name by the image on 360Cities and 360Cities subsidiary websites, and, where possible and appropriate, anytime your image is sold;
3. pay you a commission at a minimum quarterly via the payment method of our choice of 40% of gross proceeds from any sale of image licensing rights or image prints;
4. provide you access to 360Cities’ site for editing and uploading and to provide access to site traffic statistics;
5. implement all reasonable measures to protect your images against unauthorized copying or use.
b. 360Cities acknowledges that you retain the right to use images provided to 360Cities for the purpose of advertising or promoting your work.
c. You represent and warrant that all Images you publish 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.
d. You agree that 360Cities may include advertisements paid to 360Cities and/or third parties, some of which are necessary for 360Cities to provide services. You agree that 360Cities may include communications of any kind, and that these communications are considered part of 360Cities membership and you will not be able to opt out of receiving them.
e. Some of the 360Cities Services are supported by advertising revenue and may display advertisements and promotions, the revenue of which is not shared with you unless you have an active PRO account. You hereby agree that 360Cities may place such advertising and promotions on the 360Cities Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
f. You will retain copyright of your images. You agree that 360Cities will have a non-exclusive indefinite right to use and license any of your images published on 360Cities’ site to third parties as described in this agreement. You may, if you choose, designate certain images as not available for commercial licensing unless special permission is received from you by 360Cities.
g. With respect to content you make available on 360Cities, you grant 360Cities worldwide, royalty-free, perpetual, irrevocable and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display (in whole or in part) and to incorporate into other works in any format or medium now known or later developed.
h. When you upload a panorama to 360Cities, either via the web or via the Mobile App, your panorama can potentially be viewed by anybody on the Internet at 360Cities.net and 360Cities subsidiary websites, in our platform partners’ websites, and in other websites via the 360Cities embedding feature. Moreover, once an image is public, third parties can make copies of it and keep them forever.
i. If you create a panorama with the Mobile App and choose not to upload it, it will remain in your mobile device only, and we will not access it or share it anywhere without your consent.
j. If you assign a panorama to a mission via the Mobile App and then remove the panorama from 360Cities.net, the panorama may remain visible as part of the mission, although not linked to you in any way.
k. You acknowledge that 360Cities has the right to distribute all your images that are published and publicly 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 presently includes Google, Oculus, Nokia, Microsoft, and Flipboard.com. You acknowledge that this list may expand or contract in the future at 360Cities’ discretion without prior notice. You acknowledge that if you unpublish or make otherwise unavailable any images from 360Cities’ website, these images may not be removed from 360Cities’ platform publishing partners’ sites for up to 60 days. Further, you acknowledge that 360Cities, if it so chooses, may on occasion use your mage or images, or portion of your image, in its own marketing and promotional communications such as in banner ads, brochures, emails, other social media websites like Facebook etc.
l. If you remove information that you have posted to 360Cities, including panoramas, copies may remain viewable in cached and archived pages of the Service or its Partners, or if other Users or third parties have copied or saved that information.
m. Following termination or deactivation of your account, 360Cities may retain information (including your profile information) and panoramas for a commercially reasonable time for backup, archival, and/or audit purposes.
n. 360Cities performs technical functions necessary to offer the 360Cities Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the 360Cities Services.
o. Although the Site and other 360Cities Services are normally available, there will be occasions when the Site or other 360Cities Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of 360Cities. Also, although 360Cities will normally only delete Content that violates this Agreement, 360Cities reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by 360Cities in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, 360Cities encourages you to maintain your own backup of your Content. In other words, 360Cities is not a backup service. 360Cities will not be liable to you for any modification, suspension, or discontinuation of the 360Cities Services, or the loss of any Content.
p. You represent and warrant that you have read and understand this Agreement and have the legal right to enter into this Agreement and perform your obligations hereunder.
q. Indemnity: By using 360Cities you agree to indemnify and hold 360Cities and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you make available through 360Cities.
r. These Terms & Conditions of Use for Photographers take effect at the moment you sign up for 360Cities or download the 360Cities Mobile App and stays in force until canceled by either party. The parties agree that the laws of the Netherlands will regulate their relationship or any disputes arising from this agreement. 360Cities has the right to modify the terms of this agreement at any time without prior notice.
(The following applies only if you have a 360Cities PRO, PLUS or COMPANY account.)
You may use the 360Cities Paid Account Service in accordance with the following Paid Account Service Terms and Conditions of Use:
1. The Paid Account Service will be available only to users who register for a free trial (when available) or for a subscription to the Paid Account Service ("Subscription") and who pay in full the Subscription fees ("Subscription Fees") applicable to the level of Subscription you select (the "Subscription Plan").
2. 360Cities currently accepts PayPal (http://www.paypal.com) payments only. The various Subscription Plans 360Cities 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 d) below.
3. When you first register for the Paid Account Service with 360Cities, you must either 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, 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 360Cities receives the required Fee.
4. The Paid Account Service is intended for the use of individual 360Cities 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 360Cities, in its sole discretion, reserves the right to limit, suspend or terminate your use of the Paid Account Service if 360Cities determines your use of the Paid Account Service is a misuse of the Paid Account Service. Only one account per one physical person is allowed except where stated otherwise.
b. Term and Upgrades
1. 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 360Cities PRIOR TO THE END OF SUCH ANNUAL TERM. Upon such renewal, the PayPal account designated in your 360Cities 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.
2. If you notify 360Cities (via the dashboard accessible from your 360Cities 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 360Cities account will be billed for the difference in price, prorated for the remainder of your term.
c. Interruptions or Discontinuation of Hosting Services; Changes to Hosting Services and Terms of Service.
1. 360Cities 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.
2. If the Paid Account Service, or any part thereof, to which you subscribe are permanently discontinued or canceled by 360Cities, your Subscription will terminate, and we will have no further liability to you.
3. In addition, there may be occasions when the Paid Account Service is interrupted such as for maintenance, upgrades, system or equipment failure or otherwise. 360Cities 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.
d. Termination of Services
1. You may request termination of a Subscription at any time. When 360Cities receives your termination request, 360Cities will terminate your Subscription. 360Cities will notify you of termination via email. A Subscription is not terminated in this manner until you receive confirmation of termination from 360Cities. Additionally, 360Cities 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.
2. 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.
3. 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.
4. 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 360Cities may terminate your Subscription for nonpayment. If 360Cities 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.
e. Pricing and Payment Terms
1. All prices are listed in European Euros (EUR) and are valid until altered by 360Cities.
2. 360Cities currently only accepts payments via PayPal. 360Cities 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.
3. 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.
4. You agree to reimburse 360Cities for any and all costs incurred in collecting amounts owed by you to 360Cities, including, without limitation, attorneys' fees and costs of collection agencies.
f. Original Files Backup
1. 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 reserves the right to limit the provision of backup copies of original files to an account holder if it deems such requests to be too frequent or unreasonable.