Pan0.net - Terms of Use

1. Definitions and Acceptance

1.1. For the purpose of these Terms of Use, Pan0.net is considered the owner of the "Pan0.net" domain and the "Pan0.net Website"

1.2. Any person, using and/or visiting and/or registering with this website (collectively, including all content and functionality available through the Pan0.net domain name, the "Pan0.net Website", or "Website"), is considered a "User" of the "Website".

1.3. Any using and/or visiting and/or registering with this website (collectively, including all content and functionality available through the Pan0.net domain name, the "Pan0.net Website", or "Website"), is considered an agreement, as per these Terms of Use between the "User" and the "Website" owner, hereinafter referred to as "Pan0.net".

1.4. Upon using and/or visiting and/or registering with this Website (collectively, including all content and functionality available through the Pan0.net domain name, the "Pan0.net Website", or "Website") the "User" accepts to to comply with:

- these terms and conditions (the "Terms of Use");

- all active Bulgarian and EU legislation;

- all applicable international laws;

- all local laws, applicable to the place this Website has been accessed from.

1.5. Although we may attempt to notify you when changes are made to these Terms of Use, you should periodically review the most up-to-date version, available at http://pan0.net/terms-of-use ). Pan0.net may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Any changes or modifications to these Terms of Use will be active "ex tunc" as of the date of the first "Website" publishing and will affect all previously uploaded content.

2. Pan0.net Website

2.1. These Terms of Use apply to all users of the Pan0.net Website, including users who are also contributors of graphical content, information, and other materials or services on the Website. The Pan0.net Website includes all aspects of Pan0.net, including but not limited to all products, software and services offered via the website such as the Pan0 viewer and other applications.

2.2. The Pan0.net Website may contain links to third party websites that are not owned or controlled by Pan0.net. Pan0.net has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Pan0.net will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Pan0.net from any and all liability arising from your use of any third-party website.

2.3. Accordingly, we encourage you to be aware when you leave the Pan0.net Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Pan0.net Accounts

3.1. In order to access some features of the Website, you will have to create a Pan0.net account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Pan0.net immediately of any breach of security or unauthorized use of your account.

3.2. Although Pan0.net will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Pan0.net or others due to such unauthorized use.

4. General Use of the Website - Permissions and Restrictions

4.1. Pan0.net hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

- You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Pan0.net's prior written authorization.

- You agree not to alter or modify any part of the Website, including but not limited to Pan0.net's Pan0 Viewer or any of its related technologies. You agree not to use and/or implement the Pan0 Viewer in any other website, providing the same or similar features as Pan0.net's Website.

- You agree not to use the Website without the prior written authorization of Pan0.net. Prohibited commercial uses include, but are not limited to any of the following actions taken without Pan0.net's explicit written approval:

- sale of access to the Website or its related services on another website;

- use of the Website or its related services (such as the Pan0 viewer), for the primary purpose of gaining advertising or subscription revenue;

- the sale of advertising, on the Pan0.net website or any third-party website, targeted to the content of specific User Submissions or Pan0.net content;

- any use of the Website or its related services (such as the Pan0 viewer) that Pan0.net finds, in its sole discretion, to use Pan0.net's resources or User Submissions with the effect of competing with or displacing the market for Pan0.net, Pan0.net content, or its User Submissions.

4.2. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Pan0.net servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Pan0.net grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Pan0.net reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

4.3. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Use, the Bulgarian legislation, EU legislation, and all applicable local, national, and international laws and regulations.

4.4. Pan0.net reserves the right to discontinue any aspect of the Pan0.net Website at any time.

5. User Submissions and Conduct

5.1. As a Pan0.net account holder you may submit graphical content ("User Photos") and/or textual content ("User Comments"). User Photos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Pan0.net does not guarantee any confidentiality with respect to any User Submissions.

5.2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Pan0.net to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.

5.3. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Pan0.net, you hereby grant Pan0.net a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Pan0.net Website and Pan0.net's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Pan0.net Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Pan0.net Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. Once granted by you, the above licenses do not terminate after you remove or delete your User Photos from the Pan0.net Service. You understand and agree, that Pan0.net may retain, display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

5.4. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Pan0.net all of the license rights granted herein.

5.5. In connection with User Submissions, you further agree that you will not submit material that:

- is illegal as per the Bulgarian and EU legislation, applicable international laws, these Terms of Use, basic ethics and goodmanners;

- contains any type of violence and/or provokes violence;

- contains pornographic and/or sexual content;

- contains religious and/or any other kind of offense based on race, age, sex, religious beliefs;

- provokes racial and/or any other discrimination;

- provokes terrorism.

5.6. Pan0.net does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Pan0.net expressly disclaims any and all liability in connection with User Submissions. Pan0.net does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Pan0.net will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Pan0.net reserves the right to remove Content and User Submissions without prior notice.

5.7. Pan0.net will not be responsible for any Content and/or User Submissions violating any local and/or international applicable laws. Pan0.net will remove all Content and/or User Submissions that infringe any local and/or international, if properly notified by the rights' owners and/or respective authorities and/or officials.

6. Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Pan0.net Website.

6.1. The content on the Pan0.net Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Pan0.net, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Pan0.net reserves all rights not expressly granted in and to the Website and the Content.

6.2. You may access User Submissions solely:

- for your information and personal use;

- as intended through the normal functionality of the Pan0.net Service; and

- for Streaming.

"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Pan0.net Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Photos for any purpose or in any manner other than Streaming is expressly prohibited. User Photos are made available "as is."

6.3. You may access Pan0.net Content, User Submissions and other content only as permitted under this Agreement. Pan0.net reserves all rights not expressly granted in and to the Pan0.net Content and the Pan0.net Service.

6.4. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

6.5. You agree not to circumvent, disable or otherwise interfere with security-related features of the Pan0.net Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Pan0.net Website or the Content therein.

6.6. You understand that when using the Pan0.net Website, you will be exposed to User Submissions from a variety of sources, and that Pan0.net is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Pan0.net with respect thereto, and agree to indemnify and hold Pan0.net, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

7. Account Termination Policy

7.1. Pan0.net has the right without any notice to terminate User's account and/or block User's access to its Website upon any implications that these Terms of Use policy and/or any laws are being violated by the User.

7.2. Pan0.net reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material. Pan0.net may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

8. Copyright

8.1. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you should immediately notify Pan0.net on the violation and provide respective evidence in this respect, including, but not limited to:

- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

9. Warranty Disclaimer

9.1. YOU AGREE THAT YOUR USE OF THE PAN0.NET WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PAN0.NET DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PAN0.NET MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PAN0.NET WEBSITE. PAN0.NET DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PAN0.NET WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PAN0.NET WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

10.1. IN NO EVENT SHALL PAN0.NET BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PAN0.NET WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

10.2. YOU SPECIFICALLY ACKNOWLEDGE THAT PAN0.NET SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

10.3. The Website is controlled and offered by Pan0.net from its facilities in the Republic of Bulgaria. Pan0.net makes no representations that the Pan0.net Website is appropriate or available for use in other locations. Those who access or use the Pan0.net Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Any arguments, arising from the use of this Website and/or from these Terms of Use, shall be resolved as per the Bulgarian legislation by the respective Bulgarian court.

11. Indemnity

11.1. You agree to defend, indemnify and hold harmless Pan0.net from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Pan0.net Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Pan0.net Website.

12. Ability to Accept Terms of Service

12.1. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

13. Assignment

13.1. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pan0.net without restriction.

14. Personal data

13.1. Upon visiting the Pan0.net Website and/or registering with the Pan0.net Website you agree that you provide Pan0.net with all your personal identification data (hereinafter referred to as the "personal data"), which may be derived from your use of the Pan0.net Website. You acknowledge and agree that all your personal data you have provided as a result of User Submissions and/or registration and/or the use of Pan0.net Website may be accessed and/or used by Pan0.net and/or any other Users and/or any third parties. No personal data will be deliberately provided to any third parties, unless duly required by the respective authorities and/or officials.

15. General

15.1. You agree that: (i) the Pan0.net Website shall be deemed solely based in Bulgaria; and (ii) the Pan0.net Website shall be deemed a passive website that does not give rise to personal jurisdiction over Pan0.net, either specific or general, in jurisdictions other than Bulgaria. These Terms of Use shall be governed by the laws of Bulgaria. Any claim or dispute between you and Pan0.net that arises in whole or in part from the Pan0.net Website and/or these Terms of use shall be decided exclusively by the competent Bulgarian court as per the Bulgarian legislation. These Terms of Use and any other legal notices published by Pan0.net on the Website, shall constitute the entire agreement between you and Pan0.net concerning the Pan0.net Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Pan0.net's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Pan0.net reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Pan0.net Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. Any changes or modifications to these Terms of Use will be active "ex tunc" as of the date of the first "Website" publishing and will affect all previously uploaded content.