Kids, be sure to get your parents to review and discuss these rules with you. Remember to ALWAYS check with your parents before you send anything to us.
THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER CLAUSE. BY USING THESE SERVICES, YOU ARE ACCEPTING THE TERMS AND YOU ARE AGREEING THAT YOU MUST PURSUE YOUR CLAIMS ONLY ON AN INDIVIDUAL (AND NOT A CLASS ACTION) BASIS. PLEASE READ THESE TERMS CAREFULLY TO UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES.
The person accepting these Terms must be of legal age to form a binding agreement. If you are a minor, your parent or legal guardian must accept the Terms for your use of the Services. If your legal guardian accepts the Terms for your use of the Services, all references to “you” refer to both the legal guardian and the minor.
The Terms form a legally binding agreement between you and Panda Corner in relation to your use of the Services. You may accept these terms by clicking to accept or agree to the Terms, where this option is made available to you. ALSO, BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the Terms periodically. Your continued use of the Services following the posting of changes and/or modifications will constitute your acceptance of the revised Terms.
1. OWNERSHIP OF INTELLECTUAL PROPERTY
All Services, software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, and other copyrightable or otherwise legally protectable elements of the Services, and the selection, sequence, "look and feel" and arrangements thereof, and trademarks (registered and unregistered), service marks and trade names (individually and collectively, the "Material") are the property of Panda Corner and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Except as otherwise specifically noted in these Services or in connection with any particular Material, Panda Corner hereby grants you a personal, non-exclusive, time-limited, terminable at will, non-assignable, and non-transferable license to use, for your noncommercial and personal use only, one copy of the Service(s) and any Material to be used as part of the Service(s), that are offered for download and are associated with a “download” or similar link. Panda Corner may terminate your license to use any Service(s) and any Materials, at any time without notice. For example, if Panda Corner provides the license to use the Services as part of a subscription, your license to the Services and the Materials would terminate when your subscription ends. (Should Panda Corner terminate your subscription early, Panda Corner would remit any payment on a pro rata basis based on the reduced subscription period.) You further agree that where specifically noted in connection with any Material or Services, you will use such Material or Services, as the case may be, in accordance with such specific terms and instructions. You acknowledge and agree that you may not sublicense, sell, assign, lease or otherwise transfer this license or any Material and that no title to the Material or Service has been or will be transferred to you from Panda Corner or anyone else. You agree not to reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Panda Corner. You further agree to maintain (without alteration) all copyright and other notices contained in such Material and Services. Use of Panda Corner's and/or its licensors' Materials and Services are only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials or Services. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. All rights not expressly granted herein are reserved. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights.
We may also provide you with access to certain features or functions that we may offer in the Services, such as the option to participate in newsletters, commenting, shopping and member profile pages. To sign up for or participate in these features or functions, you may be required to provide us with certain information about you in order for us to personalize and/or allow you to use such features and functions. For example, if we offer e-Commerce services and you order any of our goods or services, in addition to your name and contact information, we (or our operational service providers that we use to provide the e-Commerce service) may also collect and/or maintain your billing address, shipping address, selections, credit card or other payment instrument information, order number and information about your computer's internet address and website or Service which may have referred or directed you to the e-Commerce service (e.g., the referring URL).
The Services may also provide features, functions and/or services powered by a third party social media network or other third party. For example, information may be disclosed to a third party through plug-ins offered by such third party (such as Likes, Shares, or commenting). Please take care when using any third party service and familiarize yourself with the third party's policies and agreements, if any, that govern such use.
3. TEXT MESSAGING MARKETING AND PROMOTIONS
If you register for the Text Services, you acknowledge, understand and agree that you may be charged by your wireless carrier for the ability to send or receive all such messages. The standard messaging rates of your wireless carrier shall apply to all Text Services, unless noted otherwise. Under no circumstances shall Panda Corner be responsible for any wireless service charges incurred by you or by a person that has access to your wireless device, telephone number, or email address. If you change or deactivate your wireless telephone number, you agree to notify us when your wireless telephone number is no longer associated with you and identify such wireless phone number to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.
You understand, acknowledge and agree that we may, at our sole discretion and without liability to you or any user, terminate our offer of any specific Text Service or all Text Services at any time without advance notice. Panda Corner may provide notice of terminations or changes in services in its Services.
Any special promotions run by Panda Corner shall only be valid if they are announced on Panda Corner’s website, Services, or in its corresponding email or text message or any other official communication from Panda Corner. Certain promotions may only be valid for a limited time, and details of any such timings will be announced on the website or in the official Panda Corner communication containing such promotion. Once the advertised time limit of any such promotion has been reached, the promotion is also finished.
4. CLOSED CAPTIONING OF INTERNET PROTOCOL-DELIVERED VIDEO PROGRAMMING
In accordance with the Twenty-First Century Communications and Video Accessibility Act of 2010, all video programming distributors that make video programming available directly to end users through a distribution method that uses the internet protocol are required to provide contact information to end users for the receipt and handling of written closed captioning complaints.
If you have a complaint regarding the Services’ compliance with the closed captioning requirements of the Twenty-First Century Communications and Video Accessibility Act of 2010, please email firstname.lastname@example.org.
5. COMMENTS, MESSAGE BOARDS AND OTHER POSTINGS
To the extent that portions of these Services provide users an opportunity to submit, post, and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (the "Postings"), and/or their online user names (the "User Names"), please be advised that Postings do not necessarily reflect the views of Panda Corner. In no event shall Panda Corner assume or have any responsibility or liability for any Postings or User Names or for any claims, damages or losses resulting from their use and/or appearance in these Services. You hereby represent and warrant that you have all necessary rights in and to all Postings and User Names you provide and all information they contain and that such Postings and User Names shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. If your Posting incorporates the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Panda Corner permission to use such name, voice, likeness and/or image of such individual appearing in the Posting in all media throughout the world in perpetuity.
By submitting a Posting, you hereby authorize Panda Corner to use, and authorize others to use, your Postings and User Names in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature, including without limitation commercial use on and advertising and promotion of the website. Without limiting the foregoing, Panda Corner will have the right to use and change the Postings in any manner, either with or without the User Name, that Panda Corner may determine. Notwithstanding the foregoing, Panda Corner will have no obligation to use the Postings or the User Names. Please be advised that in no event shall Panda Corner assume or have any responsibility or liability for the manner in which the Posting is exploited or for any claim, damages or losses resulting from their use and/or appearance on Panda Corner, affiliated television program services or elsewhere. Panda Corner does not allow Postings which contain:
• private or personal information which might identify a user;
• profanity or obscenities;
• personal attacks on other individuals;
• slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or
• other information that Panda Corner deems in its sole discretion to be inappropriate as consistent with applicable law.
The comments, activities and message boards may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although Panda Corner periodically monitors the content posted on its Services, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, Panda Corner will make every effort to ensure that the comments, activities and message boards best serve the interests of all users and, therefore, Panda Corner reserves the right to refuse to post, edit, or delete comments or messages that violate the above-referenced rules, as well as revoke the privileges of users who do not comply with such rules.
Panda Corner does not represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information offered by third parties that is displayed or distributed on its Services. Users acknowledge that any reliance upon any such advice, opinion, statement, suggestion or information shall be at your sole risk.
If you believe that any content on the Services (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Policy discussed below), please email us. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
Users of these Services who are California residents and are under 18 years of age may request and obtain removal of Postings on this Service that they themselves post by emailing us at email@example.com. All requests must be labeled "California Removal Request" on the email subject line. All requests must provide a description of the content or information in your Posting that you want removed and information reasonably sufficient to permit us to locate the material and include the name of the Service and URL (if applicable) of the website, application or other interactive service. We shall not accept requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, or may not be able to respond if you do not provide complete information.
6. YOUR RESPONSIBILITIES
You may use these Services only for lawful, non-commercial purposes as permitted in Delaware and any other relevant jurisdiction. You may not submit or transmit through these Services (whether via message boards, comments or otherwise) any material, or otherwise engage in any conduct, that:
a. Violates or infringes the rights of others, including without limitation patent, trademark (registered and unregistered), trade secret, copyright, publicity or other proprietary rights;
b. Involves uploading, posting, emailing, transmitting or otherwise making available any Postings that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
c. Is unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, pornographic, vulgar, profane, obscene, or transmits any information or data that Panda Corner deems in its sole discretion to be inappropriate for its Services;
d. Victimizes, harasses, "stalks," degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
e. Contains any personally identifiable information, or other information which might be used to identify or locate a user;
f. Harms minors in any way;
g. Impersonates any person, business or entity, including Panda Corner or its employees and agents or any forum leader, guide or host, or in any way falsely states or misrepresents your affiliation with a person or entity;
h. Involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any Postings transmitted through the Services;
i. Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
j. Disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
k. Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
l. Instigates or encourages others to commit illegal activities or cause injury or property damage to any person;
m. Is intended to promote and/or generate revenue for any third party business activity;
n. Probes, scans or tests the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Services, or any other customer of Panda Corner, including any Panda Corner account not owned by you, to its source, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Services;
o. Access (or attempts to access) to any portion or feature of the Services, or any other systems or networks connected to the Services or to any Panda Corner server, or to any of the services of third-parties offered on or through the Services, by hacking, password “mining” or any other illegitimate means;
p. Access (or attempt to access) any of the Services by any means other than through the interface that is provided by Panda Corner, unless you have been specifically allowed to do so in a separate agreement with Panda Corner. You specifically agree not to access (or attempt to access) any of the Services through any “deep-link”, “page-scrape”, “robot”, “spider” or other automated means (including use of scripts or web crawlers) or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services.
q. Violates these Terms or any guidelines or policies posted on the Services; or
r. Otherwise interferes with the use or enjoyment of the Services by others.
Panda Corner discourages the use of profanity or obscenities in Postings and any Postings containing prohibited language will not be posted on the Services. For purposes of clarity, "masked" vulgarity, obscenity or profanity (e.g., "f*cK") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your Posting or otherwise on the Services. Panda Corner reserves the right to delete any such material from the Services and to cooperate fully with any investigation of any person or persons who violate the Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks.
7. CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS AND OTHER ACTIVITIES
From time to time, Panda Corner or its suppliers and advertisers may conduct promotions on or through the Services, including without limitation auctions, contests, sweepstakes and electronic postcards ("Promotions"). Each such Promotion may have additional terms, conditions and/or rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms (the "Rules"). If any conflict arises between these Terms and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.
If we offer certain e-Commerce to enable you to purchase goods and services through our Services (the "E-Commerce Service" or "Shop"), the Payment Terms at http://www.pandacorner.com/pages/privacy-policy , incorporated herein by reference, and any additional terms available on or through the Shop page apply to your use and access of the E-Commerce Service, which also are incorporated herein by reference. The Shop on certain Services utilizes third party operational service providers. All purchases made through these third party operational service providers are subject to their respective terms and conditions of use. We are not responsible and have no liability whatsoever for goods or services you obtain through our third party operational service providers or other websites. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any such third party, and you irrevocably waive any claim against us with respect to such websites or services. We are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through a third party operational service provider, even if the goods or services were shown on one of the Services. We cannot ensure that you will be satisfied with any products or services that you purchase from any third party operational service provider as those are owned and operated by independent entities. Customer service issues related to goods or services should be directed to the relevant third party operational service provider.
We do not guarantee that product descriptions or other content will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Services do not imply our endorsement of such products. Furthermore, customer reviews seen in our Shop are provided by the third party operational service provider's users and are subject to such third party operational service provider's own community guidelines. We and our third party operational service providers reserve the right, with or without prior notice, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product are subject to change without notice.
9. DISCLAIMER AND LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
THESE SERVICES, AND ALL MATERIALS, GOODS AND SERVICES AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PANDA CORNER OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PHONE, COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS RELATING TO YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY, AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, POSTINGS AND MATTERS ASSOCIATED WITH YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY, AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, POSTINGS AND MATERIALS ASSOCIATED WITH YOUR USE OF THE SERVICES.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SERVICES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, RELATING TO THE SERVICES OR THIS AGREEMENT HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, INTANGIBLE, SPECIAL OR PUNITIVE DAMAGES, HOWEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF PANDA CORNER IS ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF DAMAGES. PANDA CORNER DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY.
YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SERVICES, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY SOME MESSAGES AND TRANSMISSIONS MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL AND MAY BE DELETED, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT PANDA CORNER ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS OR POSTINGS OR FOR ANY FAILURE OR DELAY ASSOCIATED WITH ANY POSTINGS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SERVICE FOR ANY TRANSACTIONS OR POSTINGS.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR FAILURE TO KEEP YOUR PASSWORD AND ACCOUNT DETAILS SECURE AND CONFIDENTIAL, OR MAINTAIN ACCURATE ACCOUNT INFORMATION. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY POSTINGS AND MATERIAL. YOUR SOLE REMEDY AGAINST PANDA CORNER FOR DISSATISFACTION WITH THE SERVICES OR ANY POSTINGS OR MATERIAL IS TO STOP USING THE SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. IF NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, PANDA CORNER IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, PANDA CORNER’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES WITH RESPECT TO THE SERVICE PAID TO PANDA CORNER IN THE THREE MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST PANDA CORNER, OR (2) US$ 15 (BASED ON A HYPOTHETICAL SUBSCRIPTION OF US$ 5 PER MONTH FOR THREE MONTHS).
10. THIRD PARTY SERVICE PROVIDERS
Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that, to the fullest extent permissible pursuant to applicable law, Panda Corner shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on the Services.
11. ADS AND MALWARE
We take great care and pride in creating the Services. We are always on the lookout for technical glitches that affect how the Services work. When we find them on our end, we will fix them. Unfortunately, your device may cause some glitches that affect how you see our Services and that is beyond our control.
If you experience any unusual behavior, content or ads on the Services, it may be the result of Malware on your computer. Malware-short for MALicious softWARE-is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Service is working properly, sometimes Malware programs on your device may interfere with your experience on our Service and on other services or websites that you visit.
We suggest that you take actions (such as installing reputable third party antivirus software) which may help to clean your device and which could monitor or prevent future installations of Malware.
Please note that we cannot be responsible for the effects of any third-party software including Malware on your device. Please make sure to carefully read the Help or Customer Support areas of any software download website. If you do discover any Malware on your device, we also suggest you speak with a qualified technician for your device.
If, after taking the above actions, you are still experiencing any problems, please feel free to Contact Us.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. In consideration for Panda Corner granting you access to and use of the Services, you agree that Panda Corner may place such advertising on the Services.
You agree to indemnify, defend and hold the Services, Panda Corner, and any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any alleged or actual breach or violation of these Terms by you.
13. TERMINATION OR SUSPENSION OF ACCESS; MODIFICATION TO SERVICES
Panda Corner reserves the right to terminate, suspend or otherwise restrict your use of and access to the Services, or any portion hereof, with or without notice at any time for any reason whatsoever, with or without cause, including, but not limited to, your violation of these Terms or any inappropriate or unlawful behavior on your part. In addition, Panda Corner reserves the right to modify or discontinue the Services or any portion hereof at any time with or without notice. The Services shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance. Should Panda Corner terminate your subscription early for a reason other than your breach of the Terms, Panda Corner would remit any payment on a pro rata basis based on the reduced subscription period.
15. ELECTRONIC DELIVERY POLICY
By using the Services, you agree that we may provide to you required notices, agreements and other information concerning the Services electronically by posting on the home page of the relevant web page, in the relevant Service, or by email.
16. RESOLUTION OF DISPUTES: NO CLASS OR REPRESENTATIVE ACTIONS
YOU AND PANDA CORNER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WHETHER IN ARBITRATION OR IN COURT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You expressly agree that any claim is personal to you and Panda Corner. IF THE APPLICABLE JURISDICTION REQUIRES THAT PANDA CORNER PERMIT YOU TO OPT OUT OF THIS CLASS ACTION WAIVER, TO OPT OUT YOU MUST NOTIFY PANDA CORNER IN WRITING (THE "Class Action Waiver Opt-Out Notice"), WHERE THE CLASS ACTION WAIVER OPT-OUT NOTICE MEETS ALL OF THE FOLLOWING REQUIREMENTS:
(a) Sent by first class mail, postage prepaid, certified and return receipt requested or sent by overnight courier service (such as Federal Express) to [Panda Corner Corporation, Attention: Panda Corner Legal Department, Records Management, [Address], New York, NY [Zip code]].
(b) Includes your first and last name, address, phone number, email address and, if applicable, your username if you are a registered user of the Services along with an identification of the Services for each such username. We shall use the foregoing information included in the Class Action Waiver Opt-Out Notice to record, process, maintain and administer your opt-out of the class action waiver provisions and not for marketing purposes.
(c) Includes a statement that you do not agree to the class action waiver.
If the Class Action Waiver Opt-Out Notice meets all of the above requirements, you will be deemed to have opted out of the class action waiver. Note that a valid Class Action Waiver Opt-Out Notice applies only to the individual identified in such notice as opting out.
If the Class Action Waiver Opt-Out Notice does not meet all of the above requirements, you will not be deemed to have opted out of the class action waiver provisions.
Panda Corner will not confirm that you are permitted to opt-out of the class action waiver in your jurisdiction upon receiving your Class Action Waiver Opt-Out Notice. You should not consider your opt-out of the class action waiver effective based on a lack of response from Panda Corner. Your Class Action Waiver Opt-Out Notice does not apply unless your applicable jurisdiction requires Panda Corner to provide you with the option to opt-out of the class action waiver.
17. GOVERNING LAW, JURISDICTION, VENUE, AND JURY TRIAL WAIVER
THIS AGREEMENT AND YOUR USE OF THE SERVICES IS GOVERNED BY, CONSTUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE without regard to its conflict of laws provisions. You and PANDA CORNER IRREVOCABLY agree to submit to the exclusive jurisdiction of the courts located within the county of [NEW CASTLE], DELAWARE (AND OF THE APPROPRIATE APPELLATE COURTS THEREFORM) to resolve any legal matter arising from the Terms. EACH PARTY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION THAT IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY LEGAL MATTER ARISING FROM THIS AGREEMENT IN ANY SUCH COURT, OR THAT ANY LEGAL MATTER ARISING FROM THIS AGREEMENT BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. Notwithstanding this, you agree that Panda Corner shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Process in any such legal matter arising from this agreement may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court.
To the extent it may be applicable, you and Panda Corner agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. To the extent permitted in the applicable jurisdiction, YOU AND PANDA CORNER WAIVE ANY RIGHT TO A JURY TRIAL.
18. SUGGESTIONS TO PANDA CORNER
By submitting ideas, suggestions, documents, and/or proposals ("Suggestions") to Panda Corner through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Suggestions do not contain confidential or proprietary information in respect of which you do not have the rights to disclose or license; (b) Panda Corner is not under any obligation of confidentiality, express or implied, with respect to the Suggestions; (c) Panda Corner may have something similar to the Suggestions already under consideration or in development; (d) your Suggestions automatically become the property of Panda Corner without any obligation of Panda Corner to you; (e) Panda Corner shall be entitled to use or disclose (or choose not to use or disclose) such Suggestions for any purpose, in any way, in any media worldwide, including, but not limited to, reproduction, disclosure, development, manufacturing, transmission, publication, broadcast, Services promotion, marketing and posting; and (f) you are not entitled to any compensation or reimbursement of any kind from Panda Corner under any circumstances.
19. YOUR PASSWORDS AND ACCOUNT SECURITY
(a) You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
(b) Accordingly, you agree that you will be solely responsible to Panda Corner for all activities that occur under your account.
(c) If you become aware of any unauthorized use of your password or of your account, you agree to notify Panda Corner immediately at firstname.lastname@example.org.
We make no representation that content on the Service is appropriate or available for use in locations outside the United States. If you choose to access the Service from a location outside the United States, you do so of your own initiative and you alone are responsible for compliance with local laws. Under no circumstances is Panda Corner responsible for ensuring that the Service is in compliance with the local laws of jurisdictions outside the United States. No software from the Service may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
These Terms contain the entire understanding and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. Notwithstanding the foregoing, you also may be subject to additional or separate terms and conditions, rules or policies that may apply when you use certain features and services or purchase certain products that may be made available through the Service. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make them legal and enforceable and will remain, as modified, in full force and effect.
You agree that if Panda Corner does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Panda Corner has the benefit of under any applicable law), this will not be taken to be a formal waiver of Panda Corner’s rights and that those rights or remedies will still be available to Panda Corner.
The Terms constitute the whole legal agreement between you and Panda Corner and govern your use of the Services (but excluding any services which Panda Corner may provide to you under a separate written agreement), and completely replace any prior agreements between you and Panda Corner in relation to the Services.
Panda Corner may contain references or cross references to Panda Corner products, programs and services that are not announced in your country. Such reference does not imply that Panda Corner in your country intends to announce such products, programs or services.
Unless we specify otherwise, we do not withhold any taxes and you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence.
The headings contained in this agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this agreement. Whenever the words "include", "includes" or "including" are used in this Agreement, they shall be deemed to be followed by the words "without limitation."
Panda Corner may terminate your use of the Service(s) at any time.
21. COPYRIGHT POLICY
It is Panda Corner’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). [Panda Corner]’s designated Copyright Agent to receive notifications of claimed infringement is [NAME], [ADDRESS], email: copyright@panda corner.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service through http://www.pandacorner/page/support.