[RESTful Web-service Documentation v1.0]
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PantherMedia RESTful Web-service Terms of Use

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.

1. Licensed Uses and Restrictions.

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.

a. You shall:

  1. Comply with the Terms and Conditions of Use at http://stockagency.panthermedia.net/cms/terms-of-use, the Author Licence Agreement at http://stockagency.panthermedia.net/cms/author-licence-agreement, the End User Licence Agreement at http://stockagency.panthermedia.net/cms/end-user-licence-agreement and the Privacy Statement at http://stockagency.panthermedia.net/cms/privacy-statement.
  2. Comply with any requirements or restrictions imposed on usage of the data by their respective owners. Although the PantherMedia APIs can be used to provide you with access to PantherMedia user photos, neither PantherMedia provision of the PantherMedia APIs to you nor your use of the PantherMedia APIs override the photo owners' requirements and restrictions, which may include "all rights reserved" notices.
  3. Remove from your application within 24 hours any PantherMedia user's data or other information that the owner of the data asks you to remove.
  4. If you use the Authentication APIs, insert a standard header that we will provide into pages you build that access the PantherMedia API. It's important to us that users have an easy way to return to PantherMedia if they wish, and have some reference point (the logo) to show them that they're still connected to PantherMedia.
  5. Disclose in your application through a privacy policy or otherwise displayed in the footer of each page, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

b. You shall not:

  1. Use PantherMedia APIs for any application that replicates or attempts to replace the essential user experience of PantherMedia own web pages or Apps.
  2. Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use PantherMedia APIs.
  3. Use an unreasonable amount of bandwidth.
  4. Cache or store any PantherMedia user data other than for reasonable periods in order to provide the service you are providing to PantherMedia users.
  5. Use PantherMedia APIs for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
  6. Use PantherMedia APIs in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
  7. Use PantherMedia as a generic image hosting service for banner advertisements, graphics, etc.
  8. Use PantherMedia APIs in a manner that adversely impacts the stability of PantherMedia servers or adversely impacts the behavior of other applications using the PantherMedia APIs.
  9. Sell, lease, or sublicense PantherMedia APIs or access thereto or derive revenues from the use or provision of PantherMedia APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.

2. Commercial Use

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:

  1. Users are charged a fee for your product or service which includes some sort of integration using the PantherMedia APIs.
  2. You sell services to PantherMedia users and use the APIs to bring users' PantherMedia content into your service.
  3. Your site is a "destination" site that uses PantherMedia data to drive traffic and generate ad revenue.

3. Ownership and Relationship of Parties.

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.

4. Support.

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.

5. Fees and Payments.

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.

6. Disclaimer of Any Warranty.

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.

7. Limitation of Liability.

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.

8. Exclusions and Limitations.

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.

9. Release and Waiver.

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.

10. Hold Harmless and Indemnity.

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.

11. General Terms.

  1. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and PantherMedia shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of PantherMedia, express or implied, and you shall not attempt to bind PantherMedia to any contract.
  2. Invalidity of Specific Terms. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
  3. Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between you and PantherMedia shall be governed by the laws of Germany without regard to its conflict of law provisions. You and PantherMedia agree to submit to the personal jurisdiction of the courts located within the county of Germany.
  4. No Waiver of Rights by PantherMedia. PantherMedia's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
  5. Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between PantherMedia and you with respect to the subject matter hereof.