PANORAMASTOCK

Affirmation and admittance of the terms of service of Panorama Media websites

The right to use this website and its content is granted to you only if you agree to be bound by the terms and conditions hereby stated ("Terms and Conditions"). By using this website and/or registering as a member, you indicate your acceptance of these Terms and Conditions.

Terms and Conditions of use of our Website.

Terms and Conditions of Roylaty Free CD-ROM and images.

Terms and Conditions of use of our Website.

I.Ownership of This Website

This website is owned and operated by Panorama Media (Beijing) LTD., trading as Panorama Media, hereinafter referred throughout this site as Panorama Media. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs images, moving images, sound, illustrations and software ("Content"), is owned by Panorama Media, its licensors and its content providers. All elements of Panorama Media websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Panorama Media or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Panorama Media or its licensors unless otherwise expressly agreed. You shall indemnify Panorama Media, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.

II.Trademark ownership

Panorama Media, its logo, are registered trademarks of Panorama Media. You may not use any of these trademarks without Panorama Media's prior written permission.

III.Delivery and Definition

The Panorama Media (Beijing) Ltd has delivered to the client those photographs listed on the front of this form. Photographs are defined to include transparencies, prints, negatives, digitized encodations and any other form in which the images submitted can be stored, incorporated, represented, projected, or perceived, including forms and processes not presently in existence but which may come into being in the future.

IV. Reservation of Rights

All rights not expressly granted are reserved to the Panorama. Without limiting the foregoing, no advertising or promotional usage whatsoever may be made of any photographs unless such advertising or promotional usage is expressly permitted on the front of this form. Limitations on usage shown on the front of this form include but are not limited to size, placement, and whether usage is in black and white or color.

V.Payment and Grant of Payment

Payment is due to the Panorama within client the date of the invoice shown. Overdue payment shall be subject to interest charges of five (5) percent monthly. Time of the essence with respect to payment, Upon receipt of full payment, Panoramastock shall license to the Client the rights set forth on the front of the invoice for the listed Photographs.

VI.Copyright Notice

Copyright notice in the name of Panoramastock shall be adjacent to Photograph(s) when reproduced unless otherwise agreed by both parties and stated in the invoice. If such copyright notice, which also serves as authorship credit, is required hereunder but is omitted, the Client shall pay as liquidated damages triple the usage fee agreed to between the parties instead of the agreed upon usage fee. Copyright credit must be as shown on the photograph(s) unless specified to the contrary by Panoramastock.

VII.Alterations

Client shall not make alterations, additions, or deletions to the Photographs, including but not limited to the making of derivative or composite images by the use of computers or other means, without the express, written consent of Panoramastock. This prohibition shall include processes not presently in existence but which may be come into being in the future.

VIII.Loss, Theft, or Damage

The ownership of the Photographs shall remain with Panoramastock. Client agrees to assume full responsibility and be strictly liable as an insurer for loss, theft or damage to the Photographs and to insure the Photographs fully from the time of shipment from Panoramastock to the client until the time of return receipt by Panoramastock. Client further agrees to return all of the photographs at its own expense by registered mail or bonded courier, which provides proof of receipt. Reimbursement for loss, theft or damage to any Photograph(s) shall be in the amount of the value entered for that Photograph(s) on the front of this form. Both Client and Panoramastock agree that the specified values represent the fair and reasonable value of the Photographs. Unless the value for an original transparency is specified otherwise on the front of this form, both parties agree that each original transparency has a fair and reasonable value of USD1,500 (US Dollars Fifteen Hundred). Client agrees to reimburse Panoramastock for these fair and reasonable values in the event of loss, theft or damage.

IX.Releases

Client agrees to indemnify and hold harmless. Panoramastock against any and all claims, costs, and expenses including attorney fees, arising when no model or property release has been provided to the Client by Panoramastock or when the uses exceed the uses allowed pursuant to such a release.

X.Assignment

Neither party shall transfer or assign any rights or obligations hereunder without the consent of the other party, except that Panorama shall have the right to assign monies due.

XI.Miscellanous

This agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This agreement constitutes the full understanding between the parties hereto. Its terms may only be modified by a written instrument signed by both parties. A waiver of breach of any of the provisions of this Agreement shall ot be construed as a continuing waiver of other breaches of the same of other provisions hereof.

XII.Disclaimers

Although Panorama Media uses its best efforts to ensure the accuracy of the Content on the site, this site may contain errors, mistakes or inaccuracies. We make no guarantees as to the accuracy, correctness or reliability of the Content. Panorama Media may change the Content ofaccuracy, correctness or reliability of the Content. Panorama Media may change the Content of this site, at any time, without prior notice.

In no event shall Panorama Media be liable to you for any damages of any kind arising out of or in connection with the use of this site.

There may be links to other websites from the Panorama Media's website; however as those websites are not under the control of Panorama Media we are not responsible for any content contained therein or any damages you may suffer in relation to your use of such websites. You hereby agree to waive any and all claims against Panorama Media regarding the inclusion of links to outside websites or your use of those websites.

XIII.Divisibility

Should any clause of these Terms and Conditions be found unenforceable, whenever possible this will not affect any other clause and each will remain in full force and effect.

XIV.Law and Venue

These Terms and Conditions of use shall be interpreted, construed and governed by the laws of People's Republic of China, and all disputes arising under the present shall be submitted to the jurisdiction of the Courts and Tribunals of the city of Beijing, China.

Users of this website agree that any and all disputes arising from the use of this website, or the ordering of materials from this website, shall be settled by binding arbitration.

We reserve the right to change these Terms and Conditions of Use, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Panorama Media and you relating to your use of this website.

Terms and Conditions of Roylaty Free CD-ROM and images.

This is a legal agreement between you and Panorama Media (Beijing) Ltd. Please read this Agreement carefully. By Breaking the CD-Rom seal or Downloading any image from our website you agree to be bound by the terms and conditions of this Agreement. If you do not agree and have not exercised the rights granted under this agreement, you may promptly return the Un-used CD-rom or image and all accompanying materials in the original packaging for a refund of the purchase price.

All the images included in the CD-rom and our website are copyrighted and all rights to these images are owned by Panorama Media (Beijing) Ltd. And/or its licensors. All right to use any of our images is subject to your full payment of the license and the restrictions set forth in this agreement.

I. Reproduction Rights Granted

1. By this Agreement, Panorama Media (Beijing) Ltd grants you a personal, non-exclusive and non-transferable right to use and reproduce, for your own commercial or non commercial use, on a worldwide and perpetual basis, the images included in the CD-ROM or in our website (the Images), in the following ways:

Print usage: refers to any type of printed, tangible materials including advertising, promotional materials, publications or products (including for sale products). Examples of use include: Advertisements, articles in magazines and newspapers, reports, brochures, flyers, books, newsletters, multimedia applications and presentations, packaging, broadcast, films, documentaries, television productions, commercials, and training and industrial videos.

Non-print usage: refers to any digital or electronic materials including websites, multimedia presentations and CD-Roms provided that no Image is at a resolution greater than 480 by 640 pixels (72 dpi) and Content may be used as part of a web site or design that appears on a web site on the internet that it is clearly not intended to be downloaded or copied by any third party. (NOTE: IMAGES ARE NOT SOLD; THEIR USE IS LICENSED TO YOU).

II. Restriction on Use

2.1 The rights here by granted to you are non-transferable which means that the work that you produce using an Image must be for your own use, or for the use of your direct employer, client or customer, who must be the end-user of your work. You may not sublicense, sell, loan, rent, give or otherwise transfer to anyone any of the Images contained on the CD-Rom or the right to use the Images except insofar as an Image has been included by you into one of the authorized uses referred to in Section 1 above, and nothing you produce shall grant or purport to grant to any third party a right to use or reproduce the Images. You hereby agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Images.

2.2 When the images are licensed by a company, this license Agreement authorizes no more than Five (5) specific employees of the company have access to the Images. You may not place the CD or an Image on computer or other storage device, which is accessible by more than one (1) user a time via a network configuration or similar arrangement as long as this is not a simultaneous user agreement.

2.3 Except as specifically provided in this Agreement you may not share or copy the Images or create a network of servers, either with or without a central location enabling others to share the Images.

2.4 You may not use the Image as part of a service mark or trademark or infringe on anyone's trade name, service mark or trademark.

2.5 You may not place the Image online or other electronic distribution systems in a downloadable, FTP or other similar format

2.6 You may not use the Images for any form of pornography, or in a libelous, defamatory, fraudulent, infringing, or other illegal manner. Advance written permission is required for use of Images for sensitive subjects, included, but not limited to, substance abuse, physical or mental abuse, alcohol, tobacco, AIDS, cancer or other serious physical or mental ailments or the disparagement of a person or product.

2.7 You may make one copy of the Images and software for backup purposes only which shall only be used if the original copy becomes defective, or is destroyed or otherwise irretrievably lost. Software may only be used in conjunction with the Images. Upon notice of discontinuance of a license for any particular Image, you agree not to use such Image in the future.

III. Indemnity

3.1 You agree to indemnify and hold Panorama Media (Beijing) Ltd harmless against any damages or liability of any kind arising from any use of the Images other than the uses specifically permitted by this Agreement.

IV. Warranty

4.1 Panorama Media (Beijing) Ltd warrants any Panorama Media (Beijing) Ltd CD-ROM to be free from defects in material and workmanship for 90 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the CD-ROM or refund of the purchase price, at Panorama Media (Beijing) Ltd's option.

V. Limitation of Liability

5.1 Neither Panorama Media (Beijing) Ltd nor its directors, officers, employees, partners, licensors, or agents shall be held liable for any indirect, consequential, punitive, or incidental damages arising out of, or the inability to use, the CD-Rom or an Image, even if Panorama Media (Beijing) Ltd has been advised of the possibility of such damages. In any event, the limit of liability of Panorama Media (Beijing) Ltd shall be the fee paid for the particular Image or CD-Rom.

VI. Software

6.1 All rights on the software included in the CD-Rom and website (the "Software") are owned by Panorama Media (Beijing) Ltd and are protected by copyright laws, international treaties and other applicable laws. You may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

VII. Severability

7.1 Should any clause of the present Agreement be found unenforceable, whenever possible this will not affect any other clause and each will remain in full force and effect.

VIII. Law and Venue

8.1 This Agreement, and all matters collateral thereto, shall be governed by and construed in accordance with the laws of People's Republic of China, and any dispute arising hereunder shall be litigated solely in a court of competent jurisdiction in People's Republic of China. Notwithstanding this, this shall not preclude Panorama Media (Beijing) Ltd from reserving the right to resolve a dispute in another competent jurisdiction.

If you are unsure of your rights under this Agreement, of if you want to know more about the license additional rights or users, please contact Customer Service by calling: +852 2882 5286 or by email at hongkong@panoramastock.com.