Terms and conditions

JustPano LTD (“JustPano,” “we,” or “us”) offers an online video sharing platform and community through its website located at justpano.com and other online services (collectively and including the JustPano Site, the “JustPano Service”). By registering as a member or by using the JustPano Service in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and JustPano. If you do not wish to be bound by this Agreement, do not use the JustPano Service.

Content

  1. Who May Use the JustPano Service
  2. License to Use the JustPano Service
  3. Privacy
  4. Membership
  5. Subscriptions and Purchases
  6. Term and Termination; Account Deletion
  7. Content Restrictions
  8. Code of Conduct
  9. Licenses Granted by You
  10. Your Representations and Warranties
  11. Indemnification
  12. Third Party Copyrights and Other Rights
  13. Disclaimers

1. Who May Use the JustPano Service

AGE REQUIREMENT: You must be at least 13 years old to use the JustPano Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the JustPano Service. Please have him or her read this Agreement with you.

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the JustPano Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the JustPano Service. If your child is using the JustPano Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the JustPano Service is appropriate for your child, please review our Frequently Asked Questions or contact us.

WARNING: Even if you are old enough to use the JustPanoService and/or have your parent’s or guardian’s permission, some of the content available within the JustPano Service may not be appropriate for you. Some content may contain “R-rated” material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.

2. License to Use the JustPano

LICENSE: JustPano grants you a limited, non-exclusive license to access and use the JustPano service for your own personal, non-commercial purposes. This includes the right to view content available on the JustPano Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

COMMERCIAL USE: You may not use the JustPano Service for commercial purposes unless:

  • You are a JustPano PRO user, in which case you may use and access the JustPano Service for commercial and non-commercial purposes, subject to compliance with the JustPano Guidelines or
  • You are a small-scale independent production company, non-profit, or artist, in which case you may use the JustPano Service to showcase or promote your own creative works.

If you sell JustPano-hosted videos directly to users other than through JustPano Marketplace, such usage will be deemed an “Application” under our API Terms (whether you use our API or not) and will be subject to our API Terms.

RESTRICTIONS: Except as expressly permitted by JustPano in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the JustPano Service or any source code therein. Nor will you attempt to circumvent any of JustPano’s technical measures or take any measures to interfere with or damage the JustPano Service. All rights not expressly granted by JustPano are reserved.

3. Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

  • What information we may collect about you;
  • What we use that information for; and
  • With whom we share that information.

4. Membership

REGISTRATION: To fully use the JustPano Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to JustPano and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.

USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the JustPano Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.

5. Subscriptions and Purchases

JustPano PRO: In addition to offering Basic (free) JustPano memberships, we offer JustPano PRO subscriptions. Please see our subscription pages for current PRO features and pricing. Features and prices are subject to change. Additional terms and conditions (to be shown prior to purchase) apply to custom accounts. All fees may be subject to taxes.

CANCELATION AND REFUNDS: Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by JustPano. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions, please contact us.

RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. JustPano reserves the right to deny subscriptions, renewals, and other purchases for any reason. Unused storage, plays, and other limits do not roll over to subsequent subscription periods.

END OF SUBSCRIPTION:
 When a JustPano PRO subscription ends, the account automatically becomes a Basic (free) account and JustPano may disable access to or delete any content to comply with Basic account limits. When a custom or PRO Unlimited subscription ends, the account and its content will be deleted if the subscription is not renewed.

OTHER PURCHASES: Purchases of other products and services through the JustPano Service are subject to our Payment Addendum and to other terms and conditions that are presented to you at the time of purchase.

6. Term and Termination; Account Deletion

TERM: This Agreement begins on the date you first use the JustPano Service and continues as long as you have an account with us.

ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the JustPano Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.

TERMINATION FOR BREACH: JustPano may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if JustPano determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage JustPano reputation and goodwill. If JustPano deletes your account for the foregoing reasons, you may not re-register for the JustPano Service. JustPano may block your email address and Internet protocol address to prevent further registration.

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by JustPano will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. JustPano shall not be responsible for the loss of such content.

7. Content Restrictions

You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:

  • Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
  • Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  • Exploits minors;
  • Depicts unlawful acts or extreme violence;
  • Depicts animal cruelty or extreme violence towards animals;
  • Promotes fraudulent or dubious business schemes; or
  • Violates any law.

All videos you submit must also comply with the JustPano Guidelines, which are incorporated into this Agreement.

8. Code of Conduct

In using the JustPano Service, you must behave in a civil and respectful manner at all times. Further, you will not:

  • Act in a deceptive manner by, among other things, impersonating any person;
  • Harass or stalk any other person;
  • Harm or exploit minors;
  • Distribute “spam”;
  • Collect information about others; or
  • Advertise or solicit others to purchase any product or service within the JustPano Site (unless you are an official JustPano partner or advertiser and have a written agreement with JustPano).

JustPano has the right, but not the obligation, to monitor all conduct on and content submitted to the JustPano Service.

9. Licenses Granted by You

9.1 Videos

LICENSE TO JUSTPANO:
 As between you and JustPano, you own the video content (“videos”) that you submit to the JustPano Service. By submitting a video, you grant JustPano and its affiliates 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 make derivative works from your video for the purpose of (i) displaying the video within the JustPano Service; (ii) displaying the video on third party websites and applications through a video embed or JustPano API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iii) promoting the JustPano Service, provided that you have made the video publicly available; and (iv) archiving or preserving the video for disputes, legal proceedings, or investigations.

LICENSE TO OTHER USERS: You further grant all users of the JustPano Service permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).

DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the JustPano Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that JustPano has no control over such caching.

9.2 Non-video Content

As between you and JustPano, you own all non-video content that you submit to the JustPano Service. You grant JustPano and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called “moral rights” in your non-video content. You further grant all users of the JustPano Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to JustPano on improving or adding new features to the JustPano Service, JustPano shall have the right to use your suggestions without any compensation to you.

10. Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to JustPano and grant the licenses set forth above; (ii) JustPano will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

11. Indemnification

You will indemnify, defend, and hold harmless JustPano and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the JustPano Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to JustPano violates any law or infringes any third party right, including any intellectual property or privacy right.

12. Third Party Copyrights and Other Rights

JustPano respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice at admin@justpano.com. For other intellectual property claims, please send us a notice at legal@justpano.com

13. Disclaimers

JustPano reserves the right to modify the JustPano Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the JustPano Service. JustPano has no obligation to screen or monitor any content and does not guarantee that any content available on the JustPano Service complies with this Agreement or is suitable for all users.

JustPano provides the JustPano Service on an “as is” and “as available” basis. You therefore use the JustPano Service at your own risk. JustPano expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, JustPano makes no representations or warranties:

  • That the JustPano Service will be permitted in your jurisdiction;
  • That the JustPano Service will be uninterrupted or error-free;
  • Concerning any content submitted by any member;
  • Concerning any third party’s use of content that you submit;
  • That any content you submit will be made available on the JustPano Service or will be stored by JustPano;
  • That the JustPano Service will meet your business or professional needs;
  • That JustPano will continue to support any particular feature of the JustPano Service; or
  • Concerning sites and resources outside of the JustPano Service, even if linked to from the JustPano Service.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the JustPano Service, and no warranties shall apply after such period.

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