Thank you for using the PantherMedia application programming interfaces by PantherMedia RESTful Web-service. By using the PantherMedia APIs, you agree to the terms below. If you disagree with any of these terms, PantherMedia does not grant you a license to use the PantherMedia APIs. We reserve the right to update and change these terms from time to time without notice.
Your license to the PantherMedia APIs under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the PantherMedia APIs. PantherMedia may terminate the license at any time for any reason. Your rights to use the PantherMedia APIs terminate automatically if you violate any of these terms, PantherMedia disables access to the PantherMedia APIs to you.
The PantherMedia APIs are owned by PantherMedia and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These terms define legal use of the PantherMedia APIs, all updates, revisions, substitutions, and any copies of the PantherMedia APIs made by or for you. PantherMedia user data (as sample photos) are owned by the users (the photographers) and not by PantherMedia. All rights not expressly granted to you are reserved by PantherMedia.
If the primary purpose of your application is to derive revenue, it is considered a commercial application. PantherMedia reserves the right to make these evaluations at the time that you apply for the license. PantherMedia may also monitor your site or application over time to ensure continued compliance with the appropriate type of API key.
If you're in doubt about whether your application is commercial, here are a few common examples of commercial use that may provide you some guidance:
The PantherMedia APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the Germany and other countries. PantherMedia rights apply to the PantherMedia APIs and all output and executables of the PantherMedia APIs, excluding any software components developed by you which do not themselves incorporate the PantherMedia APIs or any output or executables of the PantherMedia APIs. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. PantherMedia owns all rights, title, and interest in and to the PantherMedia APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by PantherMedia, including (but not limited to) the PantherMedia APIs and PantherMedia trademarks.
PantherMedia may elect to provide you with support or modifications for the PantherMedia APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. PantherMedia may change, suspend, or discontinue any aspect of the PantherMedia APIs at any time, including the availability of any PantherMedia APIs. PantherMedia may also impose limits on certain features and services or restrict your access to parts or all of the PantherMedia APIs or the PantherMedia Web site without notice or liability.
PantherMedia is committed to free and open access to our APIs for commercial and non-commercial purposes. However, providing the APIs does have real costs for PantherMedia . For uses of PantherMedia APIs over a certain rate or for certain types of commercial applications, PantherMedia reserves the right to charge fees for future use of or access to the PantherMedia APIs.
SOME OF THE PANTHERMEDIA APIS MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. PANTHERMEDIA DOES NOT REPRESENT OR WARRANT THAT ANY PANTHERMEDIA APIS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE PANTHERMEDIA APIS ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND PANTHERMEDIA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
YOUR USE OF PANTHERMEDIA APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY PANTHERMEDIA APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
PANTHERMEDIA SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE PANTHERMEDIA APIS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT PANTHERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL PANTHERMEDIA BE LIABLE TO YOU FOR ANY AMOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against PantherMedia, and its subsidiaries, affiliates, officers, agents, licensor's, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of PantherMedia APIs. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify PantherMedia and its subsidiaries, affiliates, officers, agents, licensor's, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of PantherMedia APIs, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. PantherMedia shall use good faith efforts to provide you with written notice of such claim, suit or action.