Affirmation and admittance of the terms of service of Panorama Media websites
The right to use this website and its content is granted to you only if you agree
to be bound by the terms and conditions hereby stated ("Terms and Conditions").
By using this website and/or registering as a member, you indicate your acceptance
of these Terms and Conditions.
Terms and Conditions of use of our Website.
Terms and Conditions of Roylaty Free CD-ROM and images.
I.Ownership of This Website
This website is owned and operated by Panorama Media (Beijing) LTD., trading as
Panorama Media, hereinafter referred throughout this site as Panorama Media. All
of the content featured or displayed on this website, including, but not limited
to, text, graphics, photographs images, moving images, sound, illustrations and
software ("Content"), is owned by Panorama Media, its licensors and its content
providers. All elements of Panorama Media websites, including, but not limited to,
the general design and the Content, are protected by trade dress, copyright, moral
rights, trademark and other laws relating to intellectual property rights. Except
as explicitly permitted under this or another agreement with Panorama Media or one
of its subsidiaries, no portion or element of this website or its Content may be
copied or retransmitted via any means and this website, its Content and all related
rights shall remain the exclusive property of Panorama Media or its licensors unless
otherwise expressly agreed. You shall indemnify Panorama Media, its subsidiaries,
its affiliates and licensors against any losses, expenses, costs or damages incurred
by any or all of them as a result of your breach of the terms of this Agreement
or your unauthorized use of the Content and related rights.
Panorama Media, its logo, are registered trademarks of Panorama Media. You may not
use any of these trademarks without Panorama Media's prior written permission.
III.Delivery and Definition
The Panorama Media (Beijing) Ltd has delivered to the client those photographs listed
on the front of this form. Photographs are defined to include transparencies, prints,
negatives, digitized encodations and any other form in which the images submitted
can be stored, incorporated, represented, projected, or perceived, including forms
and processes not presently in existence but which may come into being in the future.
IV. Reservation of Rights
All rights not expressly granted are reserved to the Panorama. Without limiting
the foregoing, no advertising or promotional usage whatsoever may be made of any
photographs unless such advertising or promotional usage is expressly permitted
on the front of this form. Limitations on usage shown on the front of this form
include but are not limited to size, placement, and whether usage is in black and
white or color.
V.Payment and Grant of Payment
Payment is due to the Panorama within client the date of the invoice shown. Overdue
payment shall be subject to interest charges of five (5) percent monthly. Time of
the essence with respect to payment, Upon receipt of full payment, Panoramastock
shall license to the Client the rights set forth on the front of the invoice for
the listed Photographs.
Copyright notice in the name of Panoramastock shall be adjacent to Photograph(s)
when reproduced unless otherwise agreed by both parties and stated in the invoice.
If such copyright notice, which also serves as authorship credit, is required hereunder
but is omitted, the Client shall pay as liquidated damages triple the usage fee
agreed to between the parties instead of the agreed upon usage fee. Copyright credit
must be as shown on the photograph(s) unless specified to the contrary by Panoramastock.
Client shall not make alterations, additions, or deletions to the Photographs, including
but not limited to the making of derivative or composite images by the use of computers
or other means, without the express, written consent of Panoramastock. This prohibition
shall include processes not presently in existence but which may be come into being
in the future.
VIII.Loss, Theft, or Damage
The ownership of the Photographs shall remain with Panoramastock. Client agrees
to assume full responsibility and be strictly liable as an insurer for loss, theft
or damage to the Photographs and to insure the Photographs fully from the time of
shipment from Panoramastock to the client until the time of return receipt by Panoramastock.
Client further agrees to return all of the photographs at its own expense by registered
mail or bonded courier, which provides proof of receipt. Reimbursement for loss,
theft or damage to any Photograph(s) shall be in the amount of the value entered
for that Photograph(s) on the front of this form. Both Client and Panoramastock
agree that the specified values represent the fair and reasonable value of the Photographs.
Unless the value for an original transparency is specified otherwise on the front
of this form, both parties agree that each original transparency has a fair and
reasonable value of USD1,500 (US Dollars Fifteen Hundred). Client agrees to reimburse
Panoramastock for these fair and reasonable values in the event of loss, theft or
Client agrees to indemnify and hold harmless. Panoramastock against any and all
claims, costs, and expenses including attorney fees, arising when no model or property
release has been provided to the Client by Panoramastock or when the uses exceed
the uses allowed pursuant to such a release.
Neither party shall transfer or assign any rights or obligations hereunder without
the consent of the other party, except that Panorama shall have the right to assign
This agreement shall be binding upon the parties hereto, their heirs, successors,
assigns, and personal representatives. This agreement constitutes the full understanding
between the parties hereto. Its terms may only be modified by a written instrument
signed by both parties. A waiver of breach of any of the provisions of this Agreement
shall ot be construed as a continuing waiver of other breaches of the same of other
Although Panorama Media uses its best efforts to ensure the accuracy of the Content
on the site, this site may contain errors, mistakes or inaccuracies. We make no
guarantees as to the accuracy, correctness or reliability of the Content. Panorama
Media may change the Content ofaccuracy, correctness or reliability of the Content.
Panorama Media may change the Content of this site, at any time, without prior notice.
In no event shall Panorama Media be liable to you for any damages of any kind arising
out of or in connection with the use of this site.
There may be links to other websites from the Panorama Media's website; however
as those websites are not under the control of Panorama Media we are not responsible
for any content contained therein or any damages you may suffer in relation to your
use of such websites. You hereby agree to waive any and all claims against Panorama
Media regarding the inclusion of links to outside websites or your use of those
Should any clause of these Terms and Conditions be found unenforceable, whenever
possible this will not affect any other clause and each will remain in full force
XIV.Law and Venue
These Terms and Conditions of use shall be interpreted, construed and governed by
the laws of People's Republic of China, and all disputes arising under the present
shall be submitted to the jurisdiction of the Courts and Tribunals of the city of
Users of this website agree that any and all disputes arising from the use of this
website, or the ordering of materials from this website, shall be settled by binding
We reserve the right to change these Terms and Conditions of Use, prices, information
and available contractual license terms featured on this website without notice.
These conditions set out the entire agreement between Panorama Media and you relating
to your use of this website.
Terms and Conditions of Roylaty Free CD-ROM and images.
This is a legal agreement between you and Panorama Media (Beijing) Ltd. Please read
this Agreement carefully. By Breaking the CD-Rom seal or Downloading any image from
our website you agree to be bound by the terms and conditions of this Agreement.
If you do not agree and have not exercised the rights granted under this agreement,
you may promptly return the Un-used CD-rom or image and all accompanying materials
in the original packaging for a refund of the purchase price.
All the images included in the CD-rom and our website are copyrighted and all rights
to these images are owned by Panorama Media (Beijing) Ltd. And/or its licensors.
All right to use any of our images is subject to your full payment of the license
and the restrictions set forth in this agreement.
I. Reproduction Rights Granted
1. By this Agreement, Panorama Media (Beijing) Ltd grants you a personal, non-exclusive
and non-transferable right to use and reproduce, for your own commercial or non
commercial use, on a worldwide and perpetual basis, the images included in the CD-ROM
or in our website (the Images), in the following ways:
Print usage: refers to any type of printed, tangible materials including advertising,
promotional materials, publications or products (including for sale products). Examples
of use include: Advertisements, articles in magazines and newspapers, reports, brochures,
flyers, books, newsletters, multimedia applications and presentations, packaging,
broadcast, films, documentaries, television productions, commercials, and training
and industrial videos.
Non-print usage: refers to any digital or electronic materials including websites,
multimedia presentations and CD-Roms provided that no Image is at a resolution greater
than 480 by 640 pixels (72 dpi) and Content may be used as part of a web site or
design that appears on a web site on the internet that it is clearly not intended
to be downloaded or copied by any third party. (NOTE: IMAGES ARE NOT SOLD; THEIR
USE IS LICENSED TO YOU).
II. Restriction on Use
2.1 The rights here by granted to you are non-transferable which means that the
work that you produce using an Image must be for your own use, or for the use of
your direct employer, client or customer, who must be the end-user of your work.
You may not sublicense, sell, loan, rent, give or otherwise transfer to anyone any
of the Images contained on the CD-Rom or the right to use the Images except insofar
as an Image has been included by you into one of the authorized uses referred to
in Section 1 above, and nothing you produce shall grant or purport to grant to any
third party a right to use or reproduce the Images. You hereby agree to take all
commercially reasonable steps to prevent third parties from duplicating or distributing
2.2 When the images are licensed by a company, this license Agreement authorizes
no more than Five (5) specific employees of the company have access to the Images.
You may not place the CD or an Image on computer or other storage device, which
is accessible by more than one (1) user a time via a network configuration or similar
arrangement as long as this is not a simultaneous user agreement.
2.3 Except as specifically provided in this Agreement you may not share or copy
the Images or create a network of servers, either with or without a central location
enabling others to share the Images.
2.4 You may not use the Image as part of a service mark or trademark or infringe
on anyone's trade name, service mark or trademark.
2.5 You may not place the Image online or other electronic distribution systems
in a downloadable, FTP or other similar format
2.6 You may not use the Images for any form of pornography, or in a libelous, defamatory,
fraudulent, infringing, or other illegal manner. Advance written permission is required
for use of Images for sensitive subjects, included, but not limited to, substance
abuse, physical or mental abuse, alcohol, tobacco, AIDS, cancer or other serious
physical or mental ailments or the disparagement of a person or product.
2.7 You may make one copy of the Images and software for backup purposes only which
shall only be used if the original copy becomes defective, or is destroyed or otherwise
irretrievably lost. Software may only be used in conjunction with the Images. Upon
notice of discontinuance of a license for any particular Image, you agree not to
use such Image in the future.
3.1 You agree to indemnify and hold Panorama Media (Beijing) Ltd harmless against
any damages or liability of any kind arising from any use of the Images other than
the uses specifically permitted by this Agreement.
4.1 Panorama Media (Beijing) Ltd warrants any Panorama Media (Beijing) Ltd CD-ROM
to be free from defects in material and workmanship for 90 days from delivery. Your
sole and exclusive remedy for a breach of this warranty is the replacement of the
CD-ROM or refund of the purchase price, at Panorama Media (Beijing) Ltd's option.
V. Limitation of Liability
5.1 Neither Panorama Media (Beijing) Ltd nor its directors, officers, employees,
partners, licensors, or agents shall be held liable for any indirect, consequential,
punitive, or incidental damages arising out of, or the inability to use, the CD-Rom
or an Image, even if Panorama Media (Beijing) Ltd has been advised of the possibility
of such damages. In any event, the limit of liability of Panorama Media (Beijing)
Ltd shall be the fee paid for the particular Image or CD-Rom.
6.1 All rights on the software included in the CD-Rom and website (the "Software")
are owned by Panorama Media (Beijing) Ltd and are protected by copyright laws, international
treaties and other applicable laws. You may not decompile, reverse engineer, disassemble
or otherwise reduce the Software to a human-readable form.
7.1 Should any clause of the present Agreement be found unenforceable, whenever
possible this will not affect any other clause and each will remain in full force
VIII. Law and Venue
8.1 This Agreement, and all matters collateral thereto, shall be governed by and
construed in accordance with the laws of People's Republic of China, and any dispute
arising hereunder shall be litigated solely in a court of competent jurisdiction
in People's Republic of China. Notwithstanding this, this shall not preclude Panorama
Media (Beijing) Ltd from reserving the right to resolve a dispute in another competent
If you are unsure of your rights under this Agreement, of if you want to know more
about the license additional rights or users, please contact Customer Service by
calling: +852 2882 5286 or by email at firstname.lastname@example.org.
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