WORLD PANORAMA STOCK TERMS of SERVICES

I am a professional photographer and I would like to present and maintain a listing of my panoramic photographs along with basic contact information (collectively, "Photographer Content"), in the WorldPanoramaStock.com ("WPS") Stock Photography Library (the "Library"), which is maintained, hosted and managed by PanoGraph Ltd. Budapest, Hungary ("PanoGraph").

Accordingly, by clicking the "Terms" checkbox at the signup page, I accept and agree to the following terms and conditions, and I make the following assurances and promises to PanoGraph:

GENERAL You may upload your Photographer Content subject to the terms and conditions set forth in this document and any changes to this document that PanoGraph may publish from time to time (collectively, the "Agreement").

By accessing or using this Library in any way, including, without limitation, the uploading of any Photographer Content or merely accessing the Library, you agree to and are bound by the Agreement.

Photographer Content by photographers are posted in the Library for the purpose of sharing them with visitors of WPS website. All rights of the Photographer Content presented on WPS are reserved to the owner of said material. PanoGraph will not use, reproduce or distribute Photographer Content, inclusive of the original uploaded digital image files in whole or in part, without the express, written consent of the copyright holder.


PanoGraph reserves the right to change the Agreement and other guidelines or rules posted on the Library from time to time at its sole discretion. Your use of the Library will be subject to the most current version of the Agreement. If you breach any provision of the Agreement, your authorization to use this Library automatically terminates and any Photographer Content will be removed from the Library.

ELIGIBILITY AND UPLOADING REQUIREMENTS
You may submit Photographer Content to the Library subject to and provided you agree to the following terms and conditions:


   1. Only professional photographers who qualify under criteria developed by WPS are eligible to register for, and upload Photographer Content to, the Library.
   2. Provided you meet WPS' eligibility requirements and upon agreeing to the terms of this Agreement WPS may give you the opportunity to upload Photographer Content to the Library, which may include: First Name, Last Name, Street Address, City, Zip Code, Country, E-mail address, Home or Business phone, your short personal biography/curriculum vitae/resume and representative samples of your photographic work in JPEG format only. You understand that the submission or uploading of any Photographer Content to the Library does not guarantee inclusion or posting in or on the Library.
   3. You represent that you are either the sole owner of the copyrights and other intellectual property rights in the Photographer Content that you are providing to PanoGraph for uploading onto the Library or you have effectively obtained all rights and permissions necessary to provide the Photographer Content to PanoGraph for listing within the Library. Upon request, you will provide PanoGraph with proof of such rights and permissions.
   4. You grant PanoGraph permission to disclose all of your personal contact information that may be accessible through the Library with your Premium Account. You acknowledge that the responsibility for providing correct and accurate contact information and for updating it is solely your own. You agree that PanoGraph or their agents may contact you (via email or otherwise) with information about the WPS Photographers Library, including, without limitation, information about enhancements and changes to the Library.
   5. You understand that making photographs accessible to others through the Library may constitute purposes of trade or advertising and therefore requires model releases in order to avoid the risk of violating the privacy and/or publicity rights of persons pictured in such photographs. You affirm that you have a valid release signed by every recognizable person in every photograph included in the Photographer Content. Upon request, you will promptly provide PanoGraph with a copy of each model release for each photograph that can be viewed through the Library. Also upon request, you will provide PanoGraph with valid property releases for all photographs that show logos, trademarks or similar marks.
   6. You represent that no Photographer Content that you submit falsely casts any person or thing in a negative light.
   7. You understand that PanoGraph may remove and has the right to require you to remove any Photographer Content from the Library. You also understand that PanoGraph may terminate your participation in the Library or otherwise prevent access to your Photographer Content through the Library at any time. You further understand that PanoGraph has the right to terminate the Library at any time, with or without notice. In addition, PanoGraph reserves the right to delete or remove any Photographer Content if it has a good faith belief that the user has violated this Agreement, or any law or regulation, or that such deletion or removal is necessary to comply with the law or to protect the rights of PanoGraph or others.
   8. You are prohibited from posting or transmitting to or from this Library any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene or pornographic materials, or other materials that would violate any law or the rights of others, including without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Library.
   9. By uploading Photographer Content to the Library or by using the Library, you agree not to (i) disrupt or interfere with any other user's enjoyment of the Library, (ii) not to upload, post, or otherwise transmit through the Library any viruses or other harmful, disruptive or destructive files, (iii) not to create a false identity (iv) not to use or attempt to use another's account, password, service or system without authorization from PanoGraph and (iv) not to disrupt or interfere with the security of, or otherwise cause harm to, the Library, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Library.
   10. By using the Library, you agree to pay PanoGraph the agreed commission on each sale made. PanoGraph reserves the right to change the commission rates without notice.
  11. You may withdraw from participation in the Library at any time upon reasonable notice to PanoGraph. However, the promises and assurances that you have made in this agreement to participate in the Library shall survive the termination of your participation in the Library, whether such termination is initiated by you or PanoGraph.


WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND PANOGRAPH, THIS LIBRARY, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS LIBRARY ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PANOGRAPH MAKES NO WARRANTY THAT (i) THE LIBRARY WILL MEET YOUR REQUIREMENTS, (ii) THE LIBRARY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) ANY ERRORS OR ANY DEFECTS IN THE LIBRARY WILL BE CORRECTED.

THE LIBRARY COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. PANOGRAPH MAY MAKE CHANGES TO THE LIBRARY AT ANY TIME WITHOUT NOTICE.

THE USE OF THE LIBRARY AND THE UPLOADING OF PHOTOGRAPHER CONTENT THROUGH THE LIBRARY IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. PANOGRAPH ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE LIBRARY DURING THE UPLOADING PROCESS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PANOGRAPH OR THROUGH OR FROM THE LIBRARY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

LIMITATION OF LIABILITY
To the maximum extent permitted by law, PanoGraph will have no liability related to Photographer Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. PanoGraph also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any Photographer Content.

IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL PANOGRAPH, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT PANOGRAPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS LIBRARY, ITS SERVICES OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE LIBRARY, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE LIBRARY THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB LIBRARY REFERENCED OR LINKED TO FROM THIS LIBRARY.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

INDEMNITY
You will not hold PanoGraph responsible for any damages, costs or liabilities of any kind arising out of or in connection with your participation in the Library, and you hereby release them, jointly and separately, from any and all such claims. You will indemnify PanoGraph for all losses, damages and expenses arising from or related to any false representation you have made herein, including any costs and expenses resulting from a claim that the Photographer Content infringes the intellectual property rights of any party. You agree to indemnify and hold PanoGraph, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit on the Library (including, without limitation, any Photographer Content), your use of the Library, your connection to the Library, your violation of the Agreement or your violation of any rights of another person or entity.

LANGUAGE
It is the express wish of the parties that the Agreement and all related documents have been drawn up in English.

GENERAL
The Agreement and the other rules, guidelines, licenses and disclaimers posted on the Library constitute the entire agreement between PanoGraph and you with respect to your use of the Library. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure by PanoGraph to enforce or exercise any provision of the Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in the Agreement are purely for convenience and carry with them no legal or contractual effect.

This agreement shall be governed and construed under the laws of Hungary as applied to Hungarian residents. The state and city courts located in Budapest shall have non-exclusive jurisdiction over all disputes relating to this agreement. By accepting these terms you state that you have all legal rights and powers needed to give the statements, assurances and commitments in this document and to agree to it as a validly executed, legal instrument. It shall be binding on you and on your heirs, executors and assigns.

These Terms were last modified on 1st of February, 2013.