Terms of Use
This website (this “Site”) is owned and operated by Pango Group, Inc., a California corporation (“Pango Group” or “we”), as a service to the customers of Pango Group and the other visitors to this Site. By accessing, using or visiting this Site (or any other web sites, web pages and services which may direct or link you to this Site), you indicate your acknowledgement and acceptance of these terms, conditions and notices (collectively, these “Terms of Use) and any other terms and guidelines contained in this Site, without limitation or qualification.
Access to this Site
There are portions of this Site that we make available to users and to the general public without the need to register and you may visit and browse such portions without charge or obligation. In order to access and use certain other services, features and function of this Site or in general any interactive feature of this Site, you may be required to register on line with this Site and provide certain information regarding yourself.
Any user identification we may provide to you in connection with your use of certain features of this Site is personal to you and you may not allow any other person to use such identification under any circumstances. Pango Group is not liable for any harm caused or related to the theft or misappropriation or unauthorized disclosure of all or any portion of your user identification associated with this Site. You agree to immediately notify Pango Group if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user identification or any other need to deactivate such user identification due to security concerns.
This Site is offered and made available only to users and visitors who are 18 years of age or older. If you are not 18 years of age or older, as a minor, your use of this Site is prohibited. By using or attempting to use this Site, you are expressly certifying that you are at least 18 years of age and you possess the legal right and ability to agree to these Terms of Use.
Pango Group reserves the right to deny in its sole discretion any user the access to this Site or any portion thereof without notice of any kind. Further, Pango Group may terminate your use of or registration with this Site, at any time and for any or no reason, without advance notice to you, and without any liability or further obligation to you.
By accessing or using this Site, you agree that Pango Group may communicate with you through electronic mail for the purpose of advising you of Pango Group’s services and products and for such other purposes as Pango Group deems appropriate.
Prohibited Uses of Site
As a condition to your access and use of this Site, you will not (1) use this Site for any purpose that is unlawful or prohibited by these Terms of Use, (2) use this Site or any services offered through this Site in any manner that could damage, disable, overburden or impair the functionality of this Site, or interfere with any other party’s use or enjoyment of this Site or services hereunder, (3) alter or modify any part of this Site, (4) attempt to gain unauthorized access to any non-public portion of this Site, (5) obtain or attempt to obtain access to any materials or information not intentionally made available to the public through this Site, or (6) use this Site or any of the services offered through this Site for any commercial purposes.
Privacy
Pango Group respects your privacy and the use and protection of your non-public and personally identifiable information. Please see the Privacy Policy of this Site for important information regarding the collection, use and protection of your non-public and personally identifiable information in connection with your use of this Site.
Links to Third Party Websites
This Site may contain links to third party websites that are not owned or controlled by Pango Group (the “Third Party Sites”). Pango Group has no control over, and therefore assumes no responsibility for and does not endorse, the content, privacy policies or practices of any Third Party Sites or the products or services made available through such websites. You acknowledge and agree that Pango Group will not be responsible or liable, directly or indirectly, for any damage or loss you may suffer in connection with the use of or reliance on the content, privacy policies or practices of the Third Party Websites or the products or services made available thereby.
Ownership of Intellectual Property Rights
All information, data, text, software, music, sound, photographs, graphics, videos, messages or other material (the “Content”) on this Site is owned by Pango Group or licensed to Pango Group by third parties. All the trademarks, service marks and logos contained in this Site (the “Marks”) are owned by Pango Group or licensed to Pango Group by third parties. You may view and print the Content for your personal and informational purposes only, and not for commercial purposes. Except as set forth herein, neither the Content nor the Marks may be used, copied, downloaded, uploaded, altered, modified, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited by you, without the prior written consent of Pango Group or the third party who owns such rights.
Liability Disclaimer
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PANGO GROUP DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. PANGO GROUP MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT THE SUITABILITY, SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COMPLETENESS, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION, CONTENT, SOFTWARE, FEATURES, GRAPHICS, PRODUCTS AND SERVICES ON THIS SITE OR ANY THIRD PARTY SITE. YOU ARE BEING PROVIDED ACCESS TO AND USE OF THIS SITE AND THE THIRD PARTY SITES AND THE SERVICES AND PRODUCTS AVAILABLE HEREBY AND THEREBY ON “AS IS” BASIS.
PANGO GROUP MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE SECURITY OF ANY INFORMATION PROVIDED BY YOU IN CONNECTIONS WITH THE USE OF THIS SITE OR ANY THIRD PARTY SITE. PANGO GROUP MAKES NO WARRANTES OR REPRESENTATIONS THAT (1) THIS SITE OR ANY THIRD PARTY SITE IS FREE FROM VIRUSES OR OTHER INVASIVE AND POTENTIALLY DAMAGING PROGRAMS, (2) THIS SITE OR ANY THIRD PARTY SITE WILL MEET YOUR USER REQUIREMENTS, (3) THE CONTENT AND INFORMATION ON THIS SITE OR ANY THIRD PARTY IS TIMELY OR ERROR-FREE, (4) THE QUALITY OF THE SERVICES, PRODUCTS, INFORMATION, CONTENT OR FEATURES AVAILABLE ON THIS SITE OR ANY THIRD PARTY SITE WILL MEET YOUR EXPECTATIONS, (5) THIS SITE AND ANY THIRD PARTY SITE WILL NOT SUFFER INTERRUPTION OR CESSATION OF SERVICES, AND (6) ANY ERRORS IN THIS SITE OR ANY THIRD PARTY SITE WILL BE CORRECTED.
IN NO EVENT SHALL PANGO GROUP OR ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY CONNNECTED WITH (A) THE USE OR PERFORMANCE OF THIS SITE OR ANY THIRD PARTY SITE, (B) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT OR INFORMATION ON THIS SITE OR ANY THIRD PARTY SITE, (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE OR ANY THIRD PARTY SITE, (D) ANY UNAUTHORIZED ACCESS TO OR USE OF THIS SITE OR ANY THIRD PARTY SITE, INCLUDING UNAUTHORIZED ACCESS TO SECURE SERVERS SUPPORTING SUCH WEBSITES AND ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE OR ANY THIRD PARTY SITE, (F) THE SOFTWARD, PRODUCTS, SERVICES OR GRAPHICS MADE AVAILABLE THROUGH THIS SITE OR ANY THIRD PARTY SITE, (G) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE OR ANY THIRD PARTY SITE BY ANY THIRD PARTY, OR (H) THIS SITE OR ANY THIRD PARTY SITE OR THE USE THEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PANGO GROUP 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.
YOU SPECIFICALLY ACKNOWLEDGE THAT PANGO GROUP SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY WITH RESPECT TO THIS SITE OR ANY THIRD PARTY SITE, OR ANY OFFENSIVE MATERIALS OR OFFENSIVE CONDUCT OF ANY USER OR THIRD PARTY WITH RESPECT THERETO, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
No Legal, Financial or other Professional Advice
Information contained on or made available through this Site or any Third Party Site is not intended to and does not constitute legal, financial or other professional advice or recommendations under any circumstance and no attorney-client, fiduciary or similar relationship is formed by your use of this Site or any Third Party Site. Pango Group does not warrant or guarantee the accurateness, completeness, adequacy or timeliness of the information contained in or linked to this Site. Any information contained on this Site or any Third Party Site should not be relied upon for legal, financial or personal decisions and you should consult an appropriate professional for such matters.
Indemnity
As a condition to your use of this Site, you agree to defend, indemnify and hold harmless Pango Group and its shareholders, officers, directors, employees, agents, representatives and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including, without limitation, attorney’s fees) arising out of claims arising from: (1) your use of and access to this Site; (2) your violation of these Terms of Use; (3) your violation of any third party right, including, without limitation, any copyright, trademark, other property right or privacy right; or (4) your user generated content. The foregoing defense and indemnification obligation will survive these Terms of Use and your use of this Site.
Feedback
Except as expressly provided otherwise by Pango Group, all comments, questions, suggestions, feedback and the like (collectively, the “Feedback”) submitted by you to Pango Group through or related to this Site shall be deemed non-confidential and the property of Pango Group. By submitting the Feedback to Pango Group, you agree to a no-charge assignment of all of your rights, titles and interest in and to the copyrights and other intellectual property rights associated with the Feedback, throughout the universe, in perpetuity and without restrictions. Subject to the Privacy Policy of Pango Group (which is contained on this Site), Pango Group will be free to use, reproduce, disclose, exhibit, display, transmit, create derivative works from and distribute the Feedback to others for any purpose, throughout the world, in perpetuity and without consideration to you or limitations of any kind.
Web Communities
This Site may now, or in the future, contain blogs, bulletin boards, forums, chat areas, news groups, web communities, and other message and communication facilities (collectively, “Communities”). You agree to use the Communities only to send and receive messages and materials that are proper and related to the particular Community. You agree that when using a Community, you will not: (1) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (2) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (3) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; (4) upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another computer or system; (5) advertise or offer to sell any goods or services for any commercial purpose; (6) conduct or forward surveys, contests, pyramid schemes or chain letters; (7) download any file posted by another user of a Community that you know, or reasonably should know, cannot be legally distributed in such matter; (8) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or (9) restrict or inhibit any other user from using or enjoying the Communities.
Pango Group reserves the right to terminate your access to any of the Communities, at any time, without notice, for any reason whatsoever.
Pango Group has no obligation to monitor the Communities. However, Pango Group reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Pango Group’s sole discretion.
You acknowledge that all Communities are public and not private communications; therefore, your communications may be read by others without your knowledge. Pango Group does not control or endorse the content, messages or information found in any Community and, therefore, Pango Group specifically disclaims any liability with regard to the Communities and any actions resulting from your participation in any Community. Community managers and hosts (if any) are not authorized spokespersons or representatives of Pango Group, and their views do not necessarily reflect those of Pango Group.
By posting messages, uploading files, inputting data or engaging in any other form of communication through the Communities, you grant Pango Group permission to: (a) use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer or sell any such communication, and (b) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including, without limitation, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
You agree to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this Site only as permitted by these Terms of Use, any additional policies or procedures contained in this Site from time to time, and in accordance with applicable law.
Pango Group reserves the right to for any reason, in its sole discretion, to (i) remove without notice any contents of this Site received from you, including, without limitation, blogs and bulletin board postings, (ii) deny your access to this Site or any portion thereof without notice, and (iii) edit any notices or postings for clarity or length.
You acknowledge and agree that blogs, chats, conferences, bulletin boars and similar communication forums hosted by this Site are public and not private communications. Further, you acknowledge that such communications by other users are not endorsed by Pango Group, and such communications shall not be considered reviewed, screened or approved by Pango Group for any reason or purpose.
Modifications
Pango Group reserves the right, at any time and from time to time, for any reason in its sole discretion, to change these Terms of Use. Pango Group may change these Terms of Use without any advance notice. All such changes will become effective immediately upon posting on this Site. You are responsible for regularly reviewing these Terms of Use so that you are aware of your rights and responsibilities with respect to this Site. Your continued use of this Site following any changes to these Terms of Use shall constitute your acceptance of such changes. Pango Group also reserves the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of this Site at any time, without any liability or obligation to you, with or without notice.
General
This Site shall be deemed solely based in California and shall be deemed a passive website that does not give rise to personal jurisdiction over Pango Group, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Pango Group that arises in whole or in part from this Site shall be decided exclusively by a court of competent jurisdiction located in the County of Los Angeles, California, and your use of this Site constitutes your consent to the exclusive jurisdiction and venue of such court. These Terms of Use, together with the Privacy Policy of this Site and any other legal notices published by Pango Group on this Site, shall constitute the entire agreement between you and Pango Group concerning this Site. 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 Pango Group’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pango Group without restriction.
Further Information
If you have any questions about these Terms of Use or this Site, please contact us:
Contact Pango Group
Pango Group, Inc. © 2009 / Terms of Use